Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Monday, 6 September 2010

A room of one's own: an unattainable dream?

Where there's an online product, you'll soon find a hacker or a pirate.

The latest examples that confirm the human urge to scream 'Mine' very loudly are Andy Coulson's tenure as editor of the News of the World (phone hacking has been alleged by, most recently, the New York Times) and hacker success in distributing popular ebooks for free.

Even the unveiling of the Stig's identity on Top Gear smacks of the school playground bully, tearing off the wings of a butterfly.

At stake, personal and professional privacy, and the right to make money from electronic products.

This is a gold rush in reverse where, in a landscape where information wants to be free, no one is allowed to make money. This spells disaster to conventional business models for creative companies. The globalisation effects of YouTube, home recording and back-bedroom piracy will propel the media into a dangerous Wild West outlaw world where copyright is seen as red tape and creatives won't be able to earn a crust. The new billionaires will be the sharp-elbowed owners of the speakeasies at the edge of the law and beyond.

The likes of Mick Jagger, J K Rowling, Steven Spielberg, Clint Eastwood and Dan Brown represent the last of a dying breed: stars who get rich through their imaginations.


Search Amazon.com for piracy

Wednesday, 18 August 2010

The art of East London: beyond Banksy

'How can you tell me you're lonely
And say, for you, that the sun don't shine
Let me take you by the hand
And lead you through the streets of London
I'll show you something to make you change your mind'

Ralph McTell might have been singing about isolation in the big city, but Hookedblog.co.uk's blogger and street sherpa, Mark, took a group of individuals at a loose end last Sunday on a tour around the ever-changing surfaces of parts of Islington, Hackney and Tower Hamlets.


This urban jungle safari brought out an abundance of sightings of work by the likes of Roa, Invader, Eine, D*face and the Toasters: many of which would be missed by the untrained eye. Mark's tracker skills in the wilder streets proved invaluable. Everyone caught the moments with their cameras, while trophy hunters were discouraged.


And were the walk to be repeated in a few weeks time, the images captured would be different; shifted by the passage of time, the councils' clean-up teams, gallery commissions, opportunistic collectors and street-art politics.



Search Amazon.com for street art

Sunday, 2 May 2010

Beware of Greeks bearing IOUs

Poking through the continuing blanket election coverage a story with the potential to derail the incoming Government: the devastation being wrought to the reputation and viability of the Euro by the tribulations of the Greek economy.

Years of laissez-faire and low-level corruption are coming home to roost in Greece. The ability of Eurozone countries to support the Greek economy is complicated by the markets threatening to downgrade the status of economies of Spain, Portugal and perhaps Ireland and Italy. Especially when the likes of Goldman Sachs start betting on the outcome.

Hmm. The day after the election will include focus politicians minds on how to keep Britain's economy out of the gathering vortex and avoid going down the plug-hole, irrespective of the specific fiscal tools the Cabinet may have at at its disposal.

A corollary to this is the lack of funds the Greeks are currently investing in its ancient treasures like the Acropolis in Athens. To be blunt, its national heritage is crumbling and international help may be needed to shore up the monuments.


Search Amazon.com for Greece

In off the black; snooker bribery claim

John Higgins, the former World Snooker champion, has been suckered by an elaborate News of the World sting to throw some frames at a tournament later in the year and has been suspended from the circuit.

Great excuse, though. He thought he was in a meeting with the Russian mafia and 'agreed to their proposals' simply to get out of the situation 'alive'.

It remains to be seen if the enquiry into the sting justifies his behaviour. The problem is that smears of this sort are hard to expunge. When an allegation is made but then followed by a correction, research shows that people who believe the original charge will be even more convinced by the subsequent rebuttal on the grounds that there is no smoke without fire.

If Mr Higgins is telling the truth, he will have to sue the News of the World and lobby the Press Complaints Commission into muzzling the tabloid's so-called 'investigative journalists'.


Search Amazon.com for investigative journalism

Saturday, 24 April 2010

How to ruin your own reputation in a fortnight

Orlando Figes will now have to work hard not to be remembered as the academic who set fire to his own career. Years of building a reputation can be destroyed in an instant.

Posing as 'Historian' when reviewing works of history on Amazon, he raved about his own books and trashed his rivals' work, including Robert Service's biography of Leon Trotsky.

This may be seen initially as trivial, as playground antics, but when his rivals smelt a rat, Mr Figes instructed his lawyers to sue for libel in an attempt to smother their reaction. This tactic backfired when he was forced after a fortnight of posturing to admit his authorship of the caustic reviews.

Such behaviour goes down like Agent Orange in the academic world. Mr Figes is unfortunate in that the extremes of his behaviour will serve as a warning and a case study to other authors similarly tempted to bash competitors' books.

In an increasingly wired world, online reviews can matter: as Mr Service has said, 'there is such a thing as negative publicity' as sales of his book did not benefit from a 'dead-cat bounce' from curious readers wondering if the criticism was over the top. In other words, during the two-week siege, sales of Mr Service's book tanked.

Hmm. If wonder if the lawyers will now pursue Mr Figes, who is now on compassionate leave of ill-health grounds from his post at Birkbeck University?


Search Amazon.com for robert service

Monday, 19 April 2010

Goldman Sucks

Rats are leaving a stinking ship: clients, etc.

Goldman Sachs, the US investment bank, is accused of selling sub-prime mortgages to American house-buyers while simultaneously hedging its bets against people being able to keep up with the payments.

A win-win situation for the bank? Not according to the SEC, who have filed a lawsuit against the company.

The creative brain behind the deal, Fabrice Tourre, is now working in London, but perhaps wisely did not show for work this morning.


Search Amazon.com for Goldman Sachs

Tuesday, 13 April 2010

Lucy in the sky with the Doctor

Apparently if you remember the sixties you weren't really there.

The latest example of the cliché is that the regeneration of actors playing Doctor Who was based on the scriptwriter's idea of conveying a bad LSD trip.

Even in the laissez-faire teenies, I'm now sure Steven Moffat could get away with such blatant drug references scot free.


Search Amazon.com for lsd

Monday, 5 April 2010

The Boat Race: a sporting throwback

The Corinthian spirit lives on in the University Boat Race.

Oxford and Cambridge universities have challenged each other to a rowing race on a set 4.5-mile course on the Thames, usually from Putney Bridge to Chiswick Bridge in London, most years since 1829.

There are always media stories about the competitors. This year's focus included the American twins, Cameron and Tyler Winklevoss: strapping 6ft 5in lads doing MBAs at Oxford, who happen to be social networking pioneers. They have successfully sued Mark Zuckerberg, the founder of Facebook, for ripping off their idea: litigation continues, but they have so far retrieved $65 million for their action.

Similar events in association football (e.g. the early years of the FA Cup), in rugby (e.g. the Barbarians scratch sides playing pseudo-internationals) and cricket (e.g. annually challenges between Eton and Harrow, and the Gentlemen versus Players) have either bitten the dust or lost much of their original national prestige or amateur status). Varsity matches between Oxford and Cambridge continue in various sports, but without international recognition.

The Boat Race is unique in retaining the spirit of a bygone Victorian era well into the 21st century.


Search Amazon.com for university boat race

Thursday, 25 March 2010

Cider House of Commons rules

Cider and perry got the brunt of yesterday's Budget hikes, to the tune of 10 per cent. This was ostensibly to crack down on the problem of binge drinking cheap hooch, witness the ability until recently to buy a pint of cider for 26p in Sainsbury's supermarket.

So what's a poor boozehound to do, now that so many alcohol options are being taxed to the hilt?

Like the recent mephedrone problem in drug culture, where legitimate substances (in this case plant fertiliser) are being abused for cheap yet self-destructive highs, perhaps hard-core drinkers may be tempted to try cheap underground sources of alcohol without the benefits of quality control? Or maybe try to brew moonshine at home? And cheap supermarket loss leaders are not going to disappear overnight, as the British obsession with alcohol is deeply ingrained.

The next phase will be to print warnings on labels, as with cigarette packets, and warn drinkers of the long-term health dangers of over-indulging. While such tactics may be admirable and desirable, the Government earns too much from taxing alcohol to bite the bullet too hard. And too many MPs enjoy a tipple or two, especially in their subsidised bars.

In a few years' time, should social attitudes change, we may see bans on people drinking in public spaces(including outside pubs): the Mayor of London, Boris Johnson, made a big play about banning alcohol on the tube. But too many voters enjoy their booze for politicians to get really serious about limiting access to alcohol: accusations of nanny-state policies don't go down well at the ballot box.


Search Amazon.com for cider

Thursday, 18 March 2010

Beanfeast for chocoholics

What do investment bankers find themselves doing when they lose their jobs?

One such employee, Robert Jakobi, launched a food business based on his Pod bites snacks: yoghurt and chocolate-covered edamame beans, now selling to cinemas, delis, Selfridges and Harvey Nichols.

It remains to be seen if the venture amounts to more than a hill of beans.

And it's nothing to do with Apple, although the website domain ownership for the product may keep corporate lawyers twitching. This is where trademarking comes in, and one would assume Mr Jakobi has his food classes (nos. 29-31) sewn up.


Search Amazon.com for edamame

Tuesday, 16 March 2010

Michael Jackson: the Sony generation

Michael Jackson's people have signed the biggest recording contract in history with Sony: some $200m (£164m) for seven years' worth of recordings, franchising, tie-ins and back catalogue. This is 2pac territory with knobs on.

This is something of a gamble for Sony on two counts.

Will Michael Jackson continue to have icon status by 2017? Will his legacy be more Elvis than Princess Di?

And will young fans ever more proficient at using the internet be prepared to fork out hard-earned cash for products that are bound to be pirated as soon as they get released?

Predictions? Pop stars tend to have more staying power after death than other celebrities because of the potential to release unheard material. Actors have to 'be there' on set appear in new films, theatre being a de facto no-no (except for Oliver Reed in Gladiator, Heath Ledger in The Imaginarium of Doctor Parnassus and Marlon Brando in Superman Returns); writers can be ghosted after death, but turn into franchises (witness Robert Ludlum, Virginia Andrews); fine artists' work is finite, but obscure and famous stuff excites auction houses and markets when it resurfaces to realise some wealthy person's investment; but dead musicians often have the potential to release original material for many years, albeit with diminishing returns on quality.

The more intense the perfectionism trait of a pop star, the higher the probability of there being a hoard of releasable stuff deemed too flawed to share publicly after the performer's death: this is a likely Michael Jackson scenario. Sony plan to release ten albums in the next seven years, some of which are bound to feature original material.

As for downloading songs illegally, yes there will billions of dollars leaking out of the system for any new releases. The jury is out, but evidence may suggested that persistent download freeloaders may also spend more money on products they really want. In the round, the Michael Jackson estate and Sony are unlikely to lose out as loyal fans will want to own full collections of material.

The new factor in this case is the degree to which people feel comfortable downloading pirate material of a recently dead icon. Will it feel like grave-robbing, a little tacky, to fans used to sampling music for free? My guess is probably not, as the 'music wants to be free' meme has held sway now since the heyday of Napster.


Search Amazon.com for Michael Jackson

Sunday, 14 March 2010

Don't be evil, or at least don't be caught

'Don't be evil' is Google's informal mantra, but it's getting more difficult to avoid criminal litigation when you are the size of the corporate giant.


Given that 20 hours of new material is uploaded on to YouTube every minute, this seems a tad over-zealous, especially as Google removed the offending material quickly. And YouTube does operate a level of censorship. anyway.

So, what's the motivation? Jealous rival media owners spoiling for a fight?

This is the latest example of culture clash between 'internet as a space for free speech and free information' and 'internet as global marketplace'. Corporations fear losing control, and this trial signals the start of potential censorship of the internet, which may lead in dangerous directions.

Friday, 12 March 2010

Beyond the book

When is an e-book not an e-book? Possibly when its enhanced with video, audio, music and social media networking possibilities.

In the red corner, publishers say added extra to electronic texts are publishing rights; in the blue corner, agents claim enhanced e-books are a new medium that may best be sold to film companies or record labels.

Who said media convergence would run smoothly?

Maybe Canongate Books have got it right: they are apparently negotiating enhanced e-book rights on a title by title basis.

Illustrated-book contracts may also shine light on the subject, rather than heat it up: the royalty split between illustrator and author often depends on the importance of the respective art in any given project.

So picture-book contracts are weighted towards illustrators, whereas illustrated fiction titles are titled towards authors, with partnerships like Roald Dahl/Quentin Blake split more evenly.


The Death of Bunny Munro: A Novel (Hardcover)

Monday, 1 March 2010

The SaccharineDolls, anyone?

What's in a name when it comes to a pop group? Quite a lot, if you agree with founder member of the Sugababes, Keisha Buchanan.

Miss Buchanan is suing the current line-up on the grounds that none of the existing singers were part of the Sugababes at the start of the group's career. It is therefore misleading, she suggests, to claim the existing band have had any of the of the earlier hits.

She has a point. Imagine the public's reaction to the following:
I think not, somehow.

This may be the end of the band name as franchise.


Wednesday, 17 February 2010

Vultures coming home to roost

The credit crunch has finally had a positive effect. HMRC has decided to get tough with British tax exiles.

The so-called 'Monaco millionaires' must be quaking in their boots with the news of a Court of Appeal win for the Government ruling against Rupert Gaines-Cooper, liable for £30 million in back taxes despite 30-odd years of living in the Seychelles.

The rallying cry seems to be 'pay up or move out'. The ruling may affect the likes of:
Other countries have even more punitive tax regimes, so there may not be much option but to contribute what they should be the national pot. Apart from renouncing British citizenship, of course, but they will have to pay tax somewhere.

Tax accountants will now be earning their corn for their rich clients ...



Memories of the jury

Why hasn't anyone noticed this before? Apparently, two-thirds of jurors don't understand what judges say to them, even though no one is saying there are miscarriages of justice as a result.

So, judges may have to have media training. Perhaps there will be an equivalent to Sir Alan Sugar's The Apprentice boardroom:
  • with unsuccessful jurors being told 'You're fired';
  • splitting the jury into teams to consider verdicts with a project manager taking responsibility for getting their team to come up with the most coherent and considered argument;
  • summing up being done in written briefs supplied by barrister sidekicks taking the place of Nick and Margaret/Karren; and
  • successful jurors being invited to luxury accommodation to serve on other cases and being offered expensive treats for coming to correct verdicts.
In reality, I gather judges have been expecting lay people to become instant experts in understanding the law simply by the eloquence of their explanations. Crib sheets are apparently now being considered.



Tuesday, 2 February 2010

When the shui hits the feng

Tony Chan needs a consultation with himself after a devastating court judgment in Hong Kong. He'll need all his Feng Shui schtick to extricate himself from the deep doodoo of making a fraudulent claim on the £2.7 billion estate of his former lover, the property tycoon Mrs Nina Wang.

It's a case of 'the Dragon-King's temple being flooded' and 'a person needing a face as a tree needs bark': roughly translated, 'it's over' and 'his reputation's gone down the tube'.




Saturday, 30 January 2010

Not-so-super injunctions

The press bites back on privacy cases. The so-called superinjunction Chelsea football star John Terry's lawyers, Schillings, obtained to try to protect his sponsorship image from the reality of his private life has been breached.

Superinjunctions were devised to prevent the media from even mentioning that an injunction had been imposed on a story about to be published in the press. Trafigura tried this tactic through their lawyers Carter Ruck with the Guardian to suppress a story about toxic waste dumping in the Ivory Coast, which was only foiled by Paul Farrelly MP raising a question in the House of Commons knowing he would be free from prosecution.

These are two cases where the surperinjunction legal tactic has fallen apart. But who's to say if there are unexploded cases where stories continue to be suppressed using this 'privacy by the back door' approach? No doubt, the UK press itself will be investigating just such a scenario even now.


Related Posts with Thumbnails