| There's a Crack For That |
[Nov. 6th, 2009|02:22 pm] |
Need to crack the security on the wireless networks of 250,000 - that's almost two-thirds! - of Eircom's broadband customers so you can share copyrighted content without falling afoul of Eircom/IRMA's private HADOPI law? There's an App for that.
Technically the Dessid app is marketed as a "password recovery tool" though the author admits it could, like the vast majority of networking software and hardware, be used for nefarious purposes. The app uses a vulnerability in the way default SSIDs, passwords and encryption keys were set up on the Netopia routers supplied to the majority of Eircom's customers. This is hardly a newly discovered weakness, the Eircom SIDD Thinger and the code it's based on have been around for about three years.
What this situation is really demonstrating is how hopelessly unfit Eircom/IRMA's Three-Strikes rule is for the broadband environment it's entering. How can you cut off customers for file sharing when more than half of your customers are using the insecure default configuration that you supplied them, a configuration that allows anyone to access their internet connection? How can you punish customers for breaking a rule with absolutely no way to prove who actually broke that rule? Is it now against Eircom's terms of service to not understand wireless security protocols? Naturally, once the animated corpse of the recording industry gets involved, logic no longer applies.
As with an increasing number of IT related stories, there's an XKCD strip for that. |
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| Here Lies TV |
[Jul. 11th, 2009|04:45 pm] |
At Mumbai's International Telecommunication Union - Asia-Pacific Institute for Broadcasting Development (ITU-AIBD), the MPAA and it's cronies have been discussing locking down future TV broadcasts. They are now mortally terrified of their A-hole emissions reaching the tubosphere. As ever, there is a deep irony in organisations that make their business delivering content going so far out of their way to prevent people from receiving it:
Conax AS International Product marketing manager Vidar Sandvik advocated "scrambling" for FTA [Free To Air] broadcasting. He cited Netherlands and Poland where 100% cable saturation did not prevent terrestrial television from thriving. In Poland where FTA had 30% of the market, FTA broadcasters added video-on-demand in HD, increasing value for consumers, and ensuring no leaks to the Net. Let the pay-TV operator subsidise the set-top box, he said, and then control box quality for content protection. As for cost, set-top box vendors paid nothing for Conax hardware, he said. Scrambling Free to Air? Isn't that just Free to View? It's like suggesting vegetarian food should contain more meat. And "ensuring no leaks to the Net"? Oh, I seriously doubt that.
Licensing set-top box production and preventing consumers from becoming broadcasters, but enabling them to receive, store and do home networking are some rules that regulators should lay down to protect content, concluded Williams. He recommended making content protection cheaper by going completely digital. "Why do you need analog outputs?" he asks. And there it is, who needs that festering analogue wound in the side of every receiver, spilling our digital goodness into the cupping hands of those evil pirates? Clearly the digital changeover in the US went so well that it was obviously just too easy. This time people should be forced to buy new TVs as well! Admittedly, this is the satellite TV industry talking, and they do have a habit of claiming special excuses for acting like the owners of content rather than merely the transmitters - kind of like the guy who delivers your new washing machine scratching his name on the front of it then hanging around and asking for money every time you want to use it.
Yeah, I think that's enough analogies for this weekend.
Over the last few years I've been watching TV die. Even after going out of my way to get satellite because it was the only way to get a reliable service out here in the woods, I've found myself watching less and less. It is a rare occasion indeed for me to actually sit down and watch a show from beginning to end. When I miss a show that I intended to watch there is no more "aw crap!" reaction that I recall from the past. On more than one occasion I've found myself with remote in my hand, staring at the listings and thinking "even though there is a show I thought I wanted to see, I can't actually be bothered to set up a recording." The new relationship with TV appears to be one of opportunistic sampling - when particularly bored or put out by some other medium or project I might turn on and watch whatever can be found that is the least anti-intellectual. Then, an hour later, It'll be turned off. So delicate is this connection that sometimes a show will be turned off, not because it's dull or offensive, but because having to turn down the ads to an acceptable volume every fifteen minutes is more annoying that the show is interesting.
Another thing that leads to this general malaise is that the listings are becoming a serious impediment to viewing. Despite having access to an accurate schedule for every available channel for the next seven days I can honestly say that for weeks now I have not looked at more than the next three hours in that "wall of worthless" for any channel. In a world of ballooning lateral access, locating anything of value on linear TV has become too much of a chore for too little entertainment.
So what the hell happened? Is it me? Or could it be the content, could it actually be less entertaining than it used to be? Or rather, has it stopped evolving in line my expectations of innovation? If this were multiple choice I think we'd check that last one.
The problem appears to be one of homogenisation - every channel, regardless of their original remit, wants to reach the largest possible audience. So if one type of programming draws a greater audience then every channel will want that type of programming. And so we have 24 hours of make-over and pimping shows on what used to be called "Music Television", and we even have reality TV on the SciFi channel... sorry that will be "SyFy" for the US viewers:
SyFy: where we're going, we won't need "i"s The reason for this fuss over the locking down of a medium that is rapidly dipping below the horizon of relevance is because we can see a whole lot of defectors of this nature having a serious impact on viewing figures. The subsequent drop in advertising revenue will no doubt be blamed on illicit distribution of the same content that we can't be bothered to watch. Naturally, the finger will be pointed at the Internet. With Ireland already facing a de facto Three-strikes law and Internet censorship over music distribution, such attention is only going to add to the troubles. That the MPAA et al are deciding amongst themselves to further break our already compromised personal technology is a damning signal of both their mortally ill business and our own complacency over their power.
End result: an industry that produces something dull that we don't care about is trying to control us because we don't particularly want their product any more. The sounds of their desperate scrabbling for power are not unfamiliar. |
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| Dark Days Ahead for Irish Internet Users |
[Jun. 22nd, 2009|04:59 pm] |
| [ | Tags | | | censorship, copyright, internet, ireland, irma, music, net neutrality, rant, riaa, technology, three strikes | ] |
Just to catch you up. This year my ISP, Eircom.net, settled a dispute with the Irish Recorded Music Ass. (IRMA) who had taken them to court over illegal file sharing. The claim was that Eircom were complicit in the illegal activities of their users. the evidence against them included internal emails showing Eircom execs joking about copyright infringement.
The out of court settlement, so far as anyone can tell, is entirely one-sided. Eircom have agreed to institute both content filtering - censorship by any other name - and a three-strikes rule - very like the situation promised by the recently defeated EU Telecoms Package. The Industry Ass. will put forward to the courts websites and online services that they feel need to be blocked in Ireland to protect their profit margins and Eircom have agreed not to contest any of them. A sorry little MediaSentry wannabe called DTecNet is in place to monitor internet users and provide accusations which Eircom will be asked to act upon by disconnecting those accused without any room for appeal. Remember, this is the same monitoring technique that lead the RIAA to sue a woman who did not even own a computer! Also keep in mind that this is a private arrangement, there is no public consultation, no democratic or judicial process, no tests for legality or constitutionality. This is the Recording Industry successfully inserting a de facto law without any need to lobby politicians or campaign for public support.
Fine, I'll ditch Eircom in a heartbeat, and I'll be sure to let them know exactly why I, and no doubt many other customers are jumping what has become the Recording Industry patrol boat to man the cruise liner across the dock. I'm thinking I'll sign up with UPC, an international company that bought out NTL and Chorus and that offer better stats for a similar price.
But there's a problem...
Since their success with Eircom the Irish Recorded Music Ass. has been sending threatening letters to all the other ISPs operating in the country (and a few that aren't ISPs at all) offering the same arrangement they offered Eircom and backed by the same threats of legal action. In fact both BT Ireland and UPC are already facing legal proceedings over this.
Eircom is the largest telecoms operator in the Republic, the one-time monopoly holder, their pockets are as deep as they get in the local industry. Even they could not face the legal avalanche that the Recording Industry promised to drop on them - appeal after appeal, case after case. Eircom have a maximum possible consumer base of maybe 2 million households and businesses. Subtract from that the customers who have taken up offers from other companies. What's left does not look like much when placed before the international cartels that are applying monetary leverage across the fulcrum of IRMA. All the other operators here are smaller than that, or at least have a smaller stake in the already tiny market. Even BT will probably settle before the cost of legal activity outstrips their profit margin. It seems we're about to find out.
How can anyone select a new provider when it looks like they'll all end up in exactly the same situation?
UPC have publicly stated that they have no intention of folding before the threats. In their own words "UPC intends to vigorously defend its position in court." And this is exactly the stance that lead Eircom to court in the first place. And look where they are now.
Angry yet? |
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| Your Secrecy Makes you Weak |
[May. 15th, 2009|01:52 am] |
All closed source code is invariably poorly written, containing bugs, mistakes, design flaws and security issues from beginning to end. For every ten lines of code there is a disaster waiting, and when that disaster comes to pass you'll be lucky if the system even reports it. Within the cloak of secrecy afforded by closed source code programmers demonstrate just how careless and unprofessional they can truly be, and just how much they are willing to risk for the sake of making their job easier.
Prove... me... wrong. |
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| UK Government Under the Control of Hollywood |
[Feb. 22nd, 2008|10:18 pm] |
You may have noticed that the UK government, with the kind assistance of Andrew Burnham MP of the Department for Culture, Media and Sport, is bowing to Hollywood and the record labels' various enforcement groups, essentially handing them the power to control the uses that UK citizens may make of their internet connections. ISPs have been given until April 2009 to comply with new regulations that will force them to inspect all data transferred through their systems and magically deduce whether or not it involves the sharing of copyrighted material. In the event that sharing is suspected (nothing more is required) the ISP subscriber will receive a strike against them, if they receive three strikes their internet service will be terminated.
No allowances have been made for the technological requirements for deep packet inspection of all traffic that passes through a service providers system. It may safely be presumed that the customers will end up paying extra to have their private data transmissions intercepted and analysed. I have yet to find any comment form Burnham on the morality of cutting off an innocent user when someone else who makes use of the same connection is suspected of sharing - if one family member breaks the rules then everyone in that household loses access this increasingly essential communications service. Nor have I seen any indication from those involved that they have any understanding of the encryption arms race they are about to enter and immediately lose - that will be an awful lot of money spent and trouble caused for a system that will be worked around before it is even put in place. Naturally there is no hint of how the ISP's are to identify copyrighted works from any other shared files. And what are the procedures for proving one's innocence? How does someone with a strike based on a suspicion show that they are not guilty of sharing (baring in mind the technical hurdles already involved in proving positive proof of sharing).
The most sensible response I have heard comes from a Slashdot commenter:
"if all ISPs in the UK staged a strike by cutting Internet access everywhere for two or three days and claim that would be the only possible way to ensure their customers aren't pirating anything, I am sure that the outrage would force another look at the law. And if they did this 2 different times, like once on Thursday Friday and Saturday, it could cause direct deposit information and payroll services to be interrupted. If they did this on again a week later on lets say Monday and Tuesday, there would be so much upset and confusion that those who think they wasn't effected will be."
Personally I will be happy to lose access for a few days if it will do anything to prevent this travesty from going any further. Frankly, the harm done to individual users will not even register compared to the harm done to UK financial sector, not least the content industry. They must learn that the environment has changed and all the legislation in the world cannot change it back. Technology has moved forward and they have failed to follow. Their demise is inevitable, and is only hastened by making enemies of us all. |
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| The Cara Duckworth Translation |
[Jan. 17th, 2008|01:02 am] |
This is a translation of Don Reisinger's interview with the RIAA's Cara Duckworth for CNet. The translation is into English from Bullshit.
Don: Please tell me who you are and what you do.
RIAA: Cara Duckworth, spokeswoman for the RIAA.
Translation: Cara Duckworth, Recording Industry Ass. of America mouthpiece.
Don: What can you tell me about the college deterrence program?
RIAA: Began last February. It was becoming clearer that despite cool new legal services and the ongoing educational efforts, too many students--some of music's biggest fans--were getting their music illegally and learning the wrong lessons about stealing and the law. There had to be a deterrence factor involved so that individuals knew that along with personal consequences (i.e., viruses, spyware infiltrating hard drive) there would also be legal consequences to engaging in illegal downloading behavior. Bringing lawsuits was by no means our first choice, but a necessary step we had to take.
Translation: It seems like the harder we try to make money off those ungrateful little shits the more they turn away from us. I just don't get it, I mean I don't get technology in general so how am I supposed to know about Trojans and viruses... something to do with safe sex, yes? Sony tried giving them that great rootkit for free and they just threw it back in their faces. So now we're going to start dragging our biggest customers through the courts. Makes sense when we think about it.
Don: Why college students?
RIAA: First, it should be clarified that our college campaign is in addition to the lawsuits we file against individuals using commercial ISPs to illegally download and distribute music. Second, college students have reached a stage in life when their music habits are crystallized, and their appreciation for intellectual property has not yet reached its full development. These two points coupled together present challenges to those who would like to be compensated for their creative works. Understanding the value of intellectual property is important to the future job market for many of these students--industries that rely on copyright protection employ more than 11 million workers nationwide and continue to grow.
Translation: Hey, don't get me wrong, we'll make you all pay. But students in particular just don't think the way we want them to, and we at the Ass. are now forced to brainwash them through legal means. Our understanding of intellectual property is firmly fixed in the last century and we want to make damn sure that everyone else's understanding is too. For instance, we are determined not to contemplate any alteration to the standard business model and to do our best to retard technological progress that will inevitably render that model obsolete.
Don: What group of people do you see pirating the most music?
RIAA: While college students used to be some of music's greatest fans, unfortunately that is no longer the case. I would point you to the evidence of the extensiveness of music theft amongst college campuses from Student Monitor and other market research firms to show why we are focusing some of our efforts on universities.
Translation: College brats! Those little bastards! They've got the money, how else did they get into college? They're trying to improve their chances in the job market using money that rightfully belongs to us. If you'd like to see my evidence for this assumption you'll have to buy it, just like we did.
Don: How do you respond to people who say your organization is a group of bullies?
RIAA: I have to step back for a moment. These are certainly heavy issues and none which we take lightly. When an individual is caught illegally downloading music, it sometimes happens that the person creates a stir. The reality of it is that nobody wants to get caught and most people complain when they are. The music industry has lost more than $3 billion in sales over the last few years. Bringing lawsuits is certainly no one's ideal answer--we're well aware of that. But if we had sat on our hands and chosen to do nothing about the piracy problem as the music industry was haemorrhaging jobs and lost sales, imagine what the extent of theft would be today and how the legal marketplace would be struggling to gain traction. The digital music marketplace is demonstrably better because of our efforts.
Translation: They're just whining little crybabies. Wah wah wah, they're picking on me! Wah wah wah, $10,000 per track is too much! Wah wah wah, I don't even own a computer! They're the one's not buying music, they should be giving us money and they're not! Think of all the money we're losing to people who aren't paying for things we never gave them, and trust me: you won't believe how much we never gave them. It's progress that's causing all this. What are we supposed to do just let the world move on and leave us behind? Like hell! If the only way for us to keep our jobs is to make you pay for service you no longer need then so be it. Put up and pay up!
Don: How have you addressed those huge pirating cartels overseas? Are you going for a soft target?
RIAA: Our preference--first and foremost--is to take action against the services themselves that facilitate the illegal downloading and distribution of copyrighted works. We are actively assisting efforts by policy makers in Washington to encourage countries whose copyright laws have not kept up with the times or who do not appropriately enforce intellectual property violations. Additionally, we are affiliated with IFPI, which represents the interest of the global music community and assists in the enforcement of copyright infringement cases outside of the U.S.
Translation: You mean the physical pirates, the ones selling counterfeit CDs? What, are you shitting me? Some of those guys are real criminals, they got guns and stuff. And they don't speak American so... you know... Oh wait, do you mean The Pirate Bay? Those fuckers! Sweden's turning into some kind of commie paradise. We gotta fix that as soon as possible and it takes money to get laws passed so we need to sue more students, on the double. That thing with getting Russia's WTO membership on the line, that was great move; maybe we could try something like that.
Don: Do you think your policy of lawsuits and settlements work?
RIAA: Absolutely. Since we began this initiative, we've seen a P2P problem that once was growing at dizzying speeds essentially flatten out. People are now more aware of what is legal and illegal when it comes to downloading music. But more importantly, bringing lawsuits is only one piece of the pie--we are actively investing resources in the education of students of all ages on the value of music and importance of copyrights and, perhaps most importantly, music companies are continuously partnering with exciting new services that offer fans an array of innovative opportunities to access their favourite music.
Translation: P2P has stopped growing. That means we're winning. There is absolutely no need to interpret this result as a saturation of the P2P market. You don't honestly believe that everyone who is going to share is already sharing do you? No. That was us. We did that. And we're going to press our advantage by continuing to terrify your kids into thinking the way we want them to, and we'll pay for that by suing the ones that don't learn. See how that works? Also, we're going to find ways to monetise just about everything you can do with music, including things no one's thought of yet. That will make everyone feel better about it.
Don: Why do you think you're such a disliked organization?
RIAA: I don't agree with the loaded premise of the question. In some online quarters, there may be lots of heat about the tough stands we sometimes must take. But amongst the general public, the favorability ratings of the record industry remain as positive as ever and surpass other forms of entertainment like movie or TV studios. I believe my answer to question No. 5 can apply here as well. But let it be said--the RIAA is much more than lawsuits. For example, we also are responsible for the Gold & Platinum program awarding artists who have achieved successful album sales and are active proponents of free speech in music. But no one likes lawsuits, and no one likes to get caught. It's not an ideal situation for any party involved. But with all the new, innovative legal alternatives in the marketplace (and more emerging on almost a daily basis), the music community is proactively offering fans ways to avoid lawsuits and get their favorite music at affordable prices.
Translation: Nonsense, there are lots of people who like us. It's just the ones we take money from or whose business model conflicts with our own that seem to have a problem. Like music lovers... and artists... and consumer groups, and electronics manufacturers, civil rights groups, Swedish communist politicians, anyone who has spent more than a few minutes actually thinking logically about the issues... oh, and the record labels too, those guys have seriously got the hump these days. Hmm, I guess we've bribed a few musicians and politicians into liking us though. And once our plans come to fruition and music lovers have no other option but to do what we tell them, we'll just tell them to like us. It'll be great!
Don: How do you respond to the people who say you're going after grandmothers and young children when you should be going after real criminals in gunships?
RIAA: I'd give them the facts and encourage them not to believe everything they read that aggressively villainizes the organization. We have a physical antipiracy unit that assists law enforcement agents in shutting down piracy operations both big and small. Oftentimes street peddlers selling bootlegged copies of music are also involved in large-scale drug and weapons trafficking, and we find clear evidence of that on raids. As for individuals themselves, we have no way of screening defendants based on demographics, socioeconomic status, or perceived sympathy. Upon initial discovery of a violation, we have an IP address, a sampling of the files that were shared, and a timestamp of the activity. We consistently follow the prescribed legal process to obtain identifying information and always try to be fair and reasonable in resolving each of our cases.
Translation: We'll go after anyone who crosses us, period. We're totally ruthless. Hell, if you're dead we'll just take what we need from your family. You remember that now, next time you start up your BT client. We use technology that produces a set of numbers that provides incontrovertible proof that the people we say guilty are guilty. We don't need to worry about network architecture, or shared IPs, or multiplexing and all that confusing stuff, that just misleads the courts. All they need to know is that we can prove anything we need to with numbers... Except street peddlers, they don't have IP addresses so they're harder to come by. Imagine if we put enough people out on the street to find those guys, there wouldn't be anybody left at the office to sue students.
Don: Is there anything else you'd like to add?
RIAA: Regarding our college initiative, a university's role in reducing the level of piracy on its campus cannot be overemphasized. We have consistently said that the more proactive a school is in the education of its students regarding its IT and enforcement policies, the offering of great legal alternatives so that students can have access to their favorite music (at deeply discounted prices or even for free), and most importantly, implementing effective technology that helps protect the integrity of its network, will lead to fewer instances of violations and fewer instances of hearing from us--a win for everybody!
Translation: We're doing all we can to fight music lovers. In fact, we think we're doing too much! So we need colleges who would otherwise be sitting there minding their own business to do our job for us, preferably without any reimbursement. If they don't then we'll just wring some more cash out of the student body and use it to bribe a few more politicians to put the financial frighteners on them. That's how it works: we bribe the politicians, the politicians scare the colleges, the colleges scare their students, the students give us money. It doesn't end there, of course: once we have our claws in them we can use the colleges to collect our money for us, straight from the students, on the pretence of providing them with legal access to music. And anyone who doesn't pay must be a pirate - we can pick them like fruit!
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| The Only Solution |
[Jan. 11th, 2008|03:18 pm] |
A growing number of Swedish MPs are questioning the logic and legality of the recording industry targeting file sharers and forcing ISPs to help identify them. They have a simple and obvious solution that many of us will find familiar:
"Decriminalizing all non-commercial file sharing and forcing the market to adapt is not just the best solution. It’s the only solution, unless we want an ever more extensive control of what citizens do on the Internet. Politicians who play for the antipiracy team should be aware that they have allied themselves with a special interest that is never satisfied and that will always demand that we take additional steps toward the ultimate control state. Today they want to transform the Internet Service Providers into an online police force, and the Antipiracy Bureau wants the authority for themselves to extract the identities of file sharers. Then they can drag the 15-year-old girl who downloaded a Britney Spears song to civil court and sue her."
Those of us with any insight into the industry already knew that this had gone too far, that the recording industry was seeking powers far beyond those required for commerce and that such grasping power-hungry manoeuvring was a sing of bad things to come. Now it seems they have finally push hard enough to raise the heckles of more than a few politicians. Six members of the Swedish Moderate Party drafted the article quoted above taking into account some uncomfortable questions from various government bodies including the Data Inspection Board and The Competition Authority. It draws attention to the issues of privacy, authority, due process and human rights. Since it's publication support has continued to grow and a second article has been signed by 13 members of the Swedish parliament.
Finally there are politicians who are walking into this argument with open eyes instead of overstuffed wallets. Hopefully this movement will produce something akin to reasonable and workable legislation in Sweden, something that protects private citizens and forces the recoding industry to accept that it no longer has a place in the modern world. With a little more luck, such common sense thinking will prove infectious and we will start to see this attitude spread to the rest of Europe. |
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| Glitch |
[Dec. 5th, 2007|10:49 pm] |
| [ | Tags | | | civil liberties, copyright, drm, economy, movies, mpaa, music, net neutrality, news, p2p, politics, rant, technology | ] |
Listen, Glick, the movie industry is already doing the one thing that guarantees I will never illegally download their 'products', namely they are now making such deficient, low-brow, half-assed, worthless, over-hyped, over-funded, overwritten, sub intellectual, inadequate, substandard, ridiculous, inferior, scoff-worthy, malodorous, cringe-making, mismanaged, shoddy, insufferable, incompetent and defective low-com-dom crap, that I would never ever even consider wasting one single byte of my precious bandwidth on any of it. I would be perfectly happy to see every last bit of your meritless trash forever erased from the internet were it not for the fact that you are trying to do it by introducing a radically disproportionate mechanism: ending Network Neutrality!
Don't cover your ears Glickster, you need to hear this: Shrek 3 is not important enough to bring an end to our freedom. The only reason the movie industry can say it's losing money now is because they spent way too much on producing something that nobody actually needs and nobody really wants. The Western World will not crumble because they can't turn a profit, but it might if we lose the integrity and security of the single most important communications tool in history.
One way or another the IP delusional industries are one the way out. It's only a matter of time before the average consumer figures out that their 'entertainment' just isn't worth it any more, that the busker on the street outside the cinema is a hell of lot more creative, interesting and memorable than the claptrap movie they just walked out of. How long do you think they'll watch their technology subverted, their personal data ransacked, their legally purchased media disintegrating, and their communications tapped and blocked before they think: "But I didn't even like the Bourne Appendectomy!"
Anyone invested in the movie or recording industries with even an iota of common sense should be selling up now, while their stock is still worth the ferromagnetic material it's stored on. You know it can't go on like this. It just isn't reasonable in consider this a survivable scenario for anyone involved. I mean it. Get out now. This is going to end badly, and you know it.
Glicky, you are not adding to our culture in any positive way beyond uniting the rest of us against you. You are not curing any horrible diseases. You are not on a crusade of righteousness. You are not special. You are not a beautiful or unique snowflake. You are not welcome here. |
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| The Art of Slashdotting |
[Nov. 1st, 2007|03:16 pm] |
"The BBC's head of technology denied rumors that a secret deal with Microsoft was behind the XP-only launch of the BBC's iPlayer. According to Ashley Highfield, the reason that the player only supports Windows XP is that only a small number of Linux visitors have come to the BBC's website." tech.co.uk (via /.)
There is something deeply beautiful about posting bait like this on a rabidly anti-MS, pro-Linux web site with as massive a reader base as Slashdot.
I wonder what their server logs say now?
What the British Bullshit Corporation fails to understand about blog culture is that we call it as we see it and our opinion of such affairs is what we are actually offering. If it looks like collusion then the reaction is going to be the same regardless of the actual intent. Common sense should lead any halfwit to the obvious realisation: it is not enough to simply avoid being corrupt, one must also behave as though uncorrupted.
Mr Highfield, give 'em the damn Linux player! |
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| The Blanket License: A Modest Proposal |
[Oct. 25th, 2007|05:11 pm] |
According to a report from ArsTechnica the fabled Blanket License has once again reared its head, this time in Denmark:
Andy Oram over at O'Reilly Radar noted the recent moves in Denmark to create a system where every ISP user might pay a monthly fee in order to access unlimited P2P music legally.
The proposal has drawn positive feedback from an unlikely source—the local "Piratgruppen."
"It's good that they admit that they cannot solve the problem of falling CD sales by suing their own fans," said Sebastian Gjerding from the Piratgruppen. "It looks like they have understood that they should offer something that is competitive compared to other, free music sources. It is an entirely new admission that hasn't spread internationally yet. IFPI Denmark is on the forefront in this matter. But it is annoying that no action has been taken so far to save many teenagers million-krone fines." ArsTechnica.com
The article notes some obstacles to the proposal. For instance, will this cover just 'local' bands or include international sources? The former would simply prove unenforceable - they'd have less luck detecting where they were downloading from than they currently have detecting if they have downloaded anything at all - while the latter would be a logistical zombie movie complete with everyone dying at the end! Another question is whether this will be a voluntary payment or amount to a tax on all users regardless of whether they ever download music or not?
Despite these sorts of issues, I consider the Blanket License to be the most equitable and, more importantly, most moral alternative to the current media distribution model. Fundamentally it is a concept that makes the most of current technology and encourages further development, while at the same time protecting our right to make use of our own hardware and data.
The problems mentioned in the article are trivial. Yes, the BL should cover artists worldwide but it should be stipulated that they make the claim to receive anything. Yes, the BL should be a mandatory payment, including for businesses - they don't want to make use of it, that's up to them, but since it's there why not let their employees share media on their network without a legal care in the world?
My main problem with the Danish plan is its hopelessly narrow vision, covering only music and only one country. It is comically ineffectual.
Here's the real plan:
The Blanket License should cover all media, it should, in fact, cover anything that can be encoded, uploaded, downloaded or otherwise redistributed, music, movies, TV shows, books, newspapers, 3d printer files, essentially any media that can be rendered as data. It should be run as an opt-in for content creators alone and strictly prohibit music cartels, charities and other non-root content providers. It should also provide a means for those artists who build on the work of others to indicate and reward their contributors.
But there is one element that is by far the most important: the Blanket License must be directly democratic. By this I mean that the distribution of the revenue derived from the BL should be based on what the users are listening to, watching and using, not on some even division or some educated guess informed by random polling. We should literally be voting for our choices and the results of these votes used to calculate the creators' share.s Of course one vote a week is hardly going to be a fair measure, instead we would need at least a hundred votes a week which we could distribute as we see fit (say a maximum of five votes per voter for any one creator). This voting could allow for a mix of voluntary voting (specific choices regardless of what a user has actually downloaded) and user-controlled automated voting (a system that allows vote assignments based on the usage statistics from a media player). No one would be forced to vote, but it would be in their interests to encourage their favourite bands, actors photographers, writers and so on, and automatic voting could allow users to contribute without any real effort.
There will still be a place for record labels as marketing brokers, contracting artists for flat fees or a percentage of their earnings in return for their expertise in development and marketing their creations.
This real Blanket License would be no small undertaking, requiring the development of an international infrastructure and region-by-region legislation to remove the existing legal hurdles faced by users. But the result would be a totally egalitarian forum, the likes of which has not been seen since some mug took a handful of loose change and sang to a wax cylinder. All that would be required for an artist to make money would be to make music and find people who like it enough to vote for it, no contracts, no physical distribution, and most significantly, no risk.
It's ambitious, and naturally it glosses over some real problems. Technically, there are issues with the security involved in electronic voting, ensuring that the votes are genuine rather than the result of malicious software running on client systems, and preventing any third party from accessing usage data and putting user privacy at risk (a premise I call Regime Proofing - designing the system so that should it fall under someone else's control there will not be enough information recorded to identify individual users, though there should still be enough to identify tampering and vandalism [a paradox, I know]). And naturally the entire system would need to be totally transparent if it is to be trusted by artists and consumers.
The environment that this Blanket License could create is an exciting one. It would encourage a far greater range of cultural experience for users, exposing them to a vast library of content without restriction and without the increasingly hegemonic filtering of the incumbent distribution businesses. Since each user has already paid for all their downloading there can be none of this quibbling over the rights involved in time- and format-shifting. Download once and the data is yours to do with as you please., you will be free to invent new ways of accessing your culture that have yet to be even dreamed of, and without fear of the shadow of monetisation.
Radiohead's independent venture into alternative digital distribution model was laudable, a worthy experiment, but one dependant on the duality of our current attitude to online media, both legal and illicit. What they received for their effort was charity: not a long term solution, but a round of applause for a worthy effort. In the end we cannot expect to support artists through benevolence alone. How many 'micro-patrons' can we expect to find and persuade to keep giving? Radiohead simply walked out into a new and forbidding wilderness, if anyone is going to follow, we're going to need to build them some roads.
I've previously discussed the impact of unlimited digital distribution on the existing content industry, namely the rapid and near total destruction of physical production interests. Other commentators have suggested that such a vision is unnecessarily apocalyptic, that, for instance, paper books will never disappear, and to an extent I agree. But consider a world in which you can access any book, at any time, for free; can we really expect already struggling publishers to survive that? There will always be a market for dead tree, just as there is still a market for vinyl, but there will also be a reckoning in the market that will see it reduced to little more than a niche. Now consider this situation extended to cover not only book sellers, but music stores, tv stations, cinemas and all the services that depend on them. A whole set of industries is at stake, countless jobs, and a huge chunk of the Western economy.
The Blanket License promises an almost unimaginable upheaval in the 'business of culture', a vision that the entrenched business interests will likely do anything to escape. But consider also that the openness it could bring will foster new technologies and new businesses to exploit those technologies and even new ways of doing business - the economic environment might then be changed rather than destroyed.
I am convinced that, if we are to avoid handing over control of our lives to big business, then this is the way it must be. It is the Blanket License or (without exaggeration) cultural totalitarianism. |
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| Untraceable P2P? |
[Sep. 11th, 2007|04:27 pm] |
This is a story from BBC News about the Swedish company TerraNet that wants to introduce ad-hoc networking to mobile phone technology. The endeavour is aimed at offering the developing world free communications over an ever-expanding network limited only be the number of handsets in range:
"The TerraNet technology works using handsets adapted to work as peers that can route data or calls for other phones in the network.
The handsets also serve as nodes between other handsets, extending the reach of the entire system. Each handset has an effective range of about one kilometre.
This collaborative routing of calls means there is no cost to talk between handsets.
When a TerraNet phone is switched on, it begins to look for other phones within range. If it finds them, it starts to connect and extend the radio network.
When a number is dialled a handset checks to see if the person being called is within range. If they are, the call goes through.
While individually the phones only have a maximum range of 1km, any phone in between two others can forward calls, allowing the distance to double. This principle applied many times creates a mini network."
It would be interesting to see this technology used for untraceable communications and file-sharing, providing an ephemeral and inherently neutral network of potentially anonymous nodes, immune to state control and far, far beyond the reach of the RIAA, MPAA, and other IP delusionals. |
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| Poisoned Chalace |
[May. 31st, 2007|01:34 pm] |
A pessimist gains no greater pleasure than being able to say "I told you so!"
"With great power comes great responsibility, and apparently with DRM-free music comes files embedded with identifying information. Such is the situation with Apple's new DRM-free music: songs sold without DRM still have a user's full name and account e-mail embedded in them, which means that dropping that new DRM-free song on your favorite P2P network could come back to bite you." - ArsTechnica.com
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| iPRED2 |
[Apr. 12th, 2007|06:15 pm] |
I hope you will take a moment to go sign this petition against the Second Intellectual Property Enforcement Directive (IPRED2) which is due to go before the European Parliament on April 24th:
If IPRED2 passes in its current form, "aiding, abetting, or inciting" copyright infringement on a "commercial scale" in the EU will become a crime.
Penalties for these brand new copycrimes will include permanent bans on doing business, seizure of assets, criminal records, and fines of up to €100,000.
IPRED2's backers say these copycrimes are meant only for professional criminals selling fake merchandise. But Europe already has laws against these fraudsters. With many terms in IPRED2 left unclear or completeley undefined - including "commercial scale" and "incitement" - IPRED2 will expand police authority and make suspects out of legitimate consumers and businesses, slowing innovation and limiting your digital rights. - copycrime.eu
Besides the fact that we simply do not need any more IP law (really, we need far, far less) the wording of this directing is vague to the point of disingenuousness. Personally I would give the phrase "commercial scale" as much meaning is as "square scale" or "red scale". It leaves the door wide open for interpretation in the effort to punish this newly invented crime.
If you physically copy a CD and give it to an acquaintance, and they then use that CD to create a hundred thousand copies to sell for profit, does that mean you are guilty of 'aiding commercial scale IP infringement"? What if you happen to show up in the same P2P swarm as someone downloading a movie with the intention of making physical copies to sell?
How many copyfight oriented forums and personal blogs out there, including this one, might be considered "incitement" because of their anti-copyright, pro file-sharing stance? I hope the doom9 folks have their ID trails thoroughly obfuscated since their attempts to return our fair use rights are easily interpreted by this directive as aiding, abetting and inciting. Who knows if this law could be used to criminalise something as simple as describing the means to circumvent DRM (like burning iTunes tracks to audio CD then ripping them back into an open format).
Will hardware manufacturers now face criminal investigation for creating devices that might be used in the commission of a crime (where a weapons manufacturer would get off scot-free)? Is this nothing more than a way for the recording industry to persuade hardware developers to sell broken machines?
This directive may be aimed at large scale criminal activity but with language like this it is nothing more than a dragnet for IP-delusional companies and their equally deranged legal departments. Rather than having to pursue civil cases all they have to do is report infringement and present themselves as victims and witnesses.
So-called IP infringement is so simple today that it requires no significant knowledge, no more resources than a networked computer and no more criminal intent than two friends sharing their love of music, movies or any other expression of our culture.
If you do nothing else today, go sign that petition. Don't let bad laws come into force, and certainly not bad laws with such open and easily abused language.
Update: in their article, 'European ISPs: "Aiding and abetting" copyright violations could land our CEOs in jail', Ars Technica points out that recent amendments to the bill now suggests fair use exceptions to national laws and explicitly excludes "acts carried out by private users for personal and not for profits purposes". Good news. But that still leaves this directive with enough interpretive swing to throttle future technical innovations in information technology, to put increasing pressure on our internet service providers to limit our use of what is supposed to be a neutral network, and ultimately tighten the recording industry's grip on our culture. |
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| DRM Designed to Restrict Freedom, Sky is Blue |
[Jan. 18th, 2007|03:54 pm] |
DRM is about persuading customers to part with more money, so says the movie industry:
Hollywood, I was told, still doesn't trust Steve Jobs with its crown jewels. Yes, everyone loves that ratings for shows like NBC's (GE) The Office and ABC's Lost seem to be up thanks to the promotional exposure of being available via iPod download. But while just about every TV network quickly followed Disney's 2005 decision to give its TV shows to Apple, few have yet to join the Mouse with movies. When you have a piece of content than can cost upward of $100 million to produce, you don't give it up without a lot of soul-searching and number-crunching.
What does Hollywood want from Steve Jobs? For starters, more protection for their films. "His user rules just scare the heck out of us," one studio executive told me. Indeed, under Apple's video iPod digital-rights-management scheme, folks can share their flicks with as many as three other iPod users. 'Why Hollywood Snubbed Jobs at Macworld' - Ronald Grover, BusinessWeek.com (via arstechnica.com).
They're not scared of pirates, I doubt they're even scared of file sharers, hell, they're not scared at all. No, that's not fear in their eyes, it's greed. They see customers enjoying their products in ways they had not even imagined twenty years ago and they can't stand the thought that this use does not translate into more money for them. The way they have chosen to get at these heretofore unimagined profits is through DRM; they want you to pay to see a movie on one device, then pay again to see it on another, and then want your friends to pay too.
Sure, we already knew they were thinking that, everybody knew, the whole thing about p2p and piracy was pure spin! Still, it's satisfying to hear them admit their oh-so-obvious deceit, even if it is through some unnamed "studio executive".
However, we can't expect to see this admission becoming a policy shift, not on any reasonable time-scale. It's entirely possible that this sort of "honesty" will become commonplace as customers take up new technologies and the integrated DRM payloads are unwittingly set in place. Once those users' rights have been hijacked, unaware that they had them to begin with, most won't even notice when those rights miraculously turn up on iTunes, et al, swinging a hefty new price tag. At that point they will be too busy enjoying all the wonderful "new" things they can do with their media to notice such confessions of dishonesty. |
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| Pot meets Kettle: Bill Gates and the Recording Industry |
[Dec. 15th, 2006|05:28 pm] |
We've already had the Consumer Electronics Association turning on the content industry over their demands for DRM crippled hardware. Now commercial software producers are beginning to realise they've been lumbered with the same bum-deal. They don't want to have to waste time and money designing systems that prevent their customers from doing what they want, and their customers sure as hell don't want to pay for something that removes their ability to listen to their own music or watch their own movies.
And now Bill Gates himself has waded in with an unexpected observation. From an interview on micropersuasion.com we have this response:
Q) Is digital rights management (DRM) sustainable over the next 10 years? A) DRM is not where it should be. In the end of the day incentive systems (for artists) make a difference. But we don't have the right thing here in terms of simplicity or interoperability.
Obviously, "where it should be" would be with the recoding industry and out of the way of Microsoft's development path. But referring to copyright as an "incentive system" for artists is particularly telling. Perhaps he is beginning to realize that the all-consuming recording contract no longer has a place in a world where the ability to record data is ubiquitous. Perhaps he realises that the current "incentive system" has exceeded it's useful lifespan and that something else is needed in its place, something that does not throttle new technology or threaten the consumer base. Wishful thinking on my part, perhaps. But here's where it gets really interesting. From a BBC report on the interview we get this little gem:
Blogger Michael Arrington, of Techcrunch.com, said Bill Gates' short-term advice for people wanting to transfer songs from one system to another was to "buy a CD and rip it".
That's right, according to this, Bill Gates has just said that the best thing you can do with DRM is work around it! I guess this means we're not going to see Windows Media Player's MP3 ripping functionality stripped out any time soon.
Still, we need to remember where this is coming from; Windows Vista has some of the most draconian copy-prevention methodologies yet seen and I can't imagine Microsoft is about to see the light of a new open source "incentive system" any time soon. No, what we really have here (on the heals of the Zune Tax) is an early scuffle between two major IP industries, both comprehending that the future may not include them, who have now realised that not only must they screw over their own customers to survive a few more years, but they're going to have to start screwing each other over too. |
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| The Conspiracy Against Common Sense |
[Oct. 27th, 2006|04:02 pm] |
From Slashdot:
"The 23 year old Grant Stanley has been sentenced to five months in prison, followed by five months of home detention, and a $3000 fine for his role in the private BitTorrent tracker Elitetorrents. This ruling is the first BitTorrent related conviction in the US. Stanley pleaded guilty earlier this year to 'conspiracy to commit copyright infringement' and 'criminal copyright infringement.' He is one of the three defendants in the Elitetorrents operation better known as 'Operation D-Elite.'"
Basically, this man has been sent to jail for providing the means for others to infringe copyrights.
Lets look at some others who provide these "means":
VCR manufacturers give people the means to record television programmes without the permission of the copyright holders (or, if the UN has its way, the broadcaster's permission).
Web browser publishers give people the means to download copyrighted text, images and video from websites.
Manufacturers of CD players with integrated cassette recorders give people the means to make unauthorised copies of music (my old machine, tucked away in a cupboard now, even has an 'Easy CD Rec' button!). The same is true of those who produce radios with integrated cassette recorders (which begs the question: if these are actually legal then why is Creative retroactively stripping the radio recording functions from its Zen series of digital audio devices?).
Still camera manufacturers give people the means to duplicate artworks and other photographs without the creators' permission.
Video camera manufacturers allow people to record movies in cinemas entirely contrary to those threatening notices we are presented with at each visit.
I was going to suggest that we should also be locking up photocopier manufactures, but clearly it is the manufacturers of all printing equipment, from desktop to office-floor to full-scale printing presses who are guilty of providing the means to make unauthorised copies of printed works.
Hell, pencil manufacturers offer people a means to (very slowly) duplicate a literary work without the author's consent.
All manufacturers of computers, CDR and DVDR media, CD\DVD writing drives, HDs, thumb drives, video cassettes, digital video recorders, dictaphones, independent cassette recorders, all network interface cards, microphones, telephones, dial-up services, broadband services, carbon paper, paints and other art materials...
At this rate there will be no room in the prisons for all those murderers and rapists.
All facetiousness aside, it feels like we are approaching the end of something here... |
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| Bad Guy Sticker |
[Sep. 15th, 2006|01:52 am] |
There's been quite a bit of interesting copyfight news over on BoingBoing recently. Last week I was reading about Clayton Counts who released a mash-up of the classic Beatles' album Sgt. Pepper's Lonely Hearts Club band. And now this week, not only are EMI, the license holders of the album, trying to sue Clayton despite the fact that he has no money and made none from the mash-up, but they're also trying to sue everybody who heard his work too.
This displeases me.
I've cobbled together a new Greasemonkey script called 'Bad Guy Sticker' for use with the Amazon web site (and hopefully others with a bit of work).
When visiting a product page at Amazon this script will detect the 'label', 'studio' or 'publisher' field from the product's data and test it against a list of MPAA, RIAA, BPI and FACT members. If it finds a match, even a partial one, it will display a warning 'sticker' to let you know that money spent on this item will be used by the Bad Guys to harm your rights.
When you give these idiots money they use it sue people based on nothing but a screen-cap of a p2p IP list, to sue artists who are simply and naturally building on existing culture, to lobby for the extension of copyrights so they can tighten their hold on your culture, to take away your right to control your own property by persuading hardware manufacturers to sell you broken machines, to limit the development of new technologies because it threatens their outmoded business models, to force other countries to submit to their so-called Intellectual Property laws regardless of their own positions, and to find new ways to prevent you from participating in your own culture.
You may think it unlikely that something as simple as not buying certain products could have any impact on this lamentable situation. But regardless of the outcome the question you really need to ask yourself is, can you, in good conscience, continue to fund these activities? Even for those who will continue to buy these products it is important to understand the consequences of doing so.
While using the Bad Guy Sticker you may begin to wonder if there is anything left to buy without losing sleep. Trust me, this sensation passes swiftly. The fact is that the vast majority of the stuff sold by these companies is utter shite and you really won't miss it when it's gone. There is plenty of entertainment available out there from independent and totally benign companies, and there is a whole world of free culture available online. You really don't need to be encouraging content slavery to enjoy yourself.
[ The script can be re-installed from the link above to update the member lists. Any suggestions on additions for the lists to improve matching are welcome, as are any suggestions on optimising and increasing the functionality of the script. I am releasing Bad Guy Sticker to the Public Domain - this is to make it clear that anyone who wishes may produce their own version using this code, for instance you might want to build lists tailored for your region and other online stores. ] |
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| A Brief History of DRM Hacking |
[Jul. 19th, 2006|04:12 pm] |
"Like a creeping fog, DRM smothers more and more media in its clammy embrace, but the sun still shines down on isolated patches of the landscape. This isn't always due to the decisions of corporate executives; often it's the work of hackers who devote considerable skill to cracking the digital locks that guard everything from DVDs to e-books. Their reasons are complicated and range from the philosophical to the criminal, but their goals are the same: no more DRM."
This fascinating article from Ars Technica is a necessary read for everyone. Not only does it describing why DRM has always failed to prevent piracy but also why, despite their shortcomings, these tools of questionable intent and limited effectiveness will continue to be developed and used to protect music and movie industry profit margins. |
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| Movielink: Outsourcing DVD Production to Customers |
[Jul. 18th, 2006|11:27 pm] |
Movielink.com, that paragon of modern media distribution, has introduced a new feature to their movie download service: burn your own DVDs.
[ I need to point out, from the start, that the Movielink site only accepts visitors in the US and is heavily dependant on IE. The required JScript does not seem to function through the proxies I've tried. As a result all the information I have on their service is second hand. I'm not trying to mislead anyone but if Movielink don't want to offer me accurate information about their products and services then I'm not going to lose sleep over any misinformation repeated here. ]
Their embarrassingly ill-conceived business model is based on having punters pay something close to the price of a new DVD just so they can spend X hours downloading a heavily DRMed, purportedly low quality movie or TV show. What they end up with are files that will only play in Windows Media or RealMedia Players running under later editions of Windows. Since the DRM prevents the material being transported to other devices or translated into a more useful format, this means that customers will also need a PC with TV Out, preferably within reach of a decent TV, to make real use of it. Is it any wonder that the service's backers are trying to ditch this dead weight already?
BusinessWeek has reported that five of the studios that bankrolled Movielink, including Paramount Pictures, Sony and Universal Studios, have begun looking for a buyer of the video-on-demand service.
"The studios aren't going to abandon (Movielink and CinemaNow) completely," said Josh Martin, a digital-media analyst. "But they realize those sites have limited appeal to say the least."
"Limited appeal", I suppose that's a diplomatic way of putting it. Well, now they think they can take the edge off this foul-tasting meal they've served up by giving customers the chance to create their own DVDs that can be used in a 'regular' DVD player. This is not signalling the end of their DRM, far from it. Movielink has cut a deal with the makers of the Roxio burning software to produce a system for creating DVDs that will carry the standard copy-protection and (one assumes) region-coding measures found on commercial discs. So, you pay the price of a new DVD, spend hours downloading content of questionable quality, and then have to set about turning it into a rapidly depreciating physical product yourself? And then you wonder if the local DVD retailer is really all that far away.
When you by a DVD (and god knows why you'd want to these days) there is a vast and complex industry behind that purchase, factories and machines and people and suppliers, the budget for which offers at least some excuse for the price. But downloading from a website is one of the least industrial method of distribution imaginable (second only to p2p), requiring minimal personal and resources, and probably costing more for bandwidth than anything else. By all rights this should be the cheapest way to get movies legally, especially considering the poor quality of the end result. Are we really surprised that movie studios see these savings in production and distribution as a potential increase profit margin rather than a potentially cheaper product?
If you 'steal' a copyrighted movie through p2p you actually get a better product than if you had purchased it legally, a movie that you can translate into any format, play on any platform and make further use of in any number of imaginative ways using a whole range of tools. This is only true of copy-protected products - a car doesn't become faster and more fuel efficient if you steal it, nor does a TV develop higher resolution and a clearer picture. The bottom line remains the same: the only thing that is going to tempt p2p users away from their free movies is legal movies of at least the same quality.
Right now, being 'stolen' is probably the last thing on Earth that can save the awful shit that passes for movies these days.
I think I'd be more impressed if Movielink offered a free movie script and sock puppets. |
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