Adam Fields (weblog)

This blog is largely deprecated, but is being preserved here for historical interest. Check out my index page at adamfields.com for more up to date info. My main trade is technology strategy, process/project management, and performance optimization consulting, with a focus on enterprise and open source CMS and related technologies. More information. I write periodic long pieces here, shorter stuff goes on twitter or app.net.

4/30/2006

US Mandatory Data Retention laws are coming

Filed under: — adam @ 9:35 am

Remember the privacy implications of the government asking Google for search data? (http://www.aquick.org/blog/2006/01/19/doj-demands-large-chunk-of-google-data/)

It’s going to get worse before it gets better. No online service considers your IP address to be private information, and now they will be required to maintain logs mapping your IP address to real contact information, for a period of at least one year after your account is closed.

The only way to prevent this information from being misused is to not keep it, and now there won’t be any choice.

http://www.interesting-people.org/archives/interesting-people/200604/msg00176.html

I’ve discussed this before:

http://www.aquick.org/blog/2006/01/29/whats-the-big-fuss-about-ip-addresses/

Tags: , ,


Sony can’t make up its mind if music is sold or licensed

Filed under: — adam @ 9:21 am

At issue is whether the music sold through these services is a “license” or a “sale.” Sony pays less to its artists for sales than for licensing (Sony artists reportedly earn $0.045 for each $0.99 song sold on iTunes). Naturally, Sony claims that the songs sold on iTunes are sales and not licensing deals.

This is where it gets interesting. As Brad Templeton and others have pointed out, Sony and others have long maintained that what you get when you buy an iTune is a license, not ownership of a product. That license prohibits you from doing all kinds of otherwise lawful things, like selling your music to a used-record store, loaning it to a friend, or playing it on someone else’s program.

But if Sony says that it’s selling products (and therefore only liable for 4.5 cents in royalties to its artists) and not licenses, then how can it bind us, its customers, to licensing terms?

http://www.boingboing.net/2006/04/28/sony_screwing_artist.html

Good question.

The distinction between sale and license is VERY important. The trend has been towards licensing instead of selling, and the difference has not been a big part of the public dialogue.

I wrote about this a while ago, with respect to DRM, consumer usage rights, and how this pattern might affect other kinds of consumer transactions if they followed the same rules:

http://www.aquick.org/blog/2004/12/30/cory-rants-on-drm-and-rightly-so/

Tags: , , , , , ,


Powered by WordPress