F for Facsimile: What are ‘Digital Forgeries’?

Last week, I attended the 2014 Foxcroft Lecture, given by Nicholas Barker, entitled “Forgery of Printed Documents”. The lecture prompted the question, what would we consider to be a ‘digital forgery’?

Make Up

The lecture was an investigation into a practice that emerged in the 18th century, when reproductions (‘fac similes’ – Latin for ‘make alike’) of early printed texts were created either as honest replicas, or to enable missing pages from antiquarian books to be restored to ‘make up’ a complete work. In some cases, the original pages had been removed by the censors, for others the pages had been left out in error during the binding process, and mostly they had simply been lost through damage or age.

Other factors created the need for these facsimiles: the number of copies of a book that could be printed at a time was often limited by law (censorship again at work), or works were licensed to different publishers in different markets, but printed using the original plates to save time and money.

Despite the innocent origins of facsimiles, unscrupulous dealers and collectors found a way to exploit them for financial gain – and of course, there were also attempts to pass off completely bogus works as genuine texts.

Replication vs Authentication

Technology has not only made the mass reproduction of written texts so much easier, it has also changed the way physical documents are authenticated – for example, faxed and scanned copies of signed documents are sometimes deemed sufficient proof of their existence, as evidence of specific facts, or in support of a contractual agreement or commercial arrangement. But this was not always the case, and even today, some legal documents have to be executed in written, hard-copy form, signed in person by the parties and in some situations witnessed by an independent party. For certain transactions, a formal seal needs to be attached to the original document.

Authenticating digital documents and artifacts present us with various challenges. Quite apart from the need to verify electronic copies of contracts and official documents, the ubiquity of e-mail (and social media) means it has been a target for exploitation by hackers and others, making it increasingly difficult to place our trust in these forms of communication. As a result, we use encryption and other security devices to protect our data. But what about other digital content?

Let’s define ‘digital artifacts’ in this context as things like software; music; video; photography; books; databases; or digital certificates, signatures and keys. We know that it is much easier to fabricate something that is not what it purports to be (witness the use of photo-editing in the media and fashion industries), and there is a corresponding set of tools to help uncover these fabrications. Time stamping, digital watermarks, metadata and other devices can help us to verify the authenticity and/or source of a digital asset.

Multiplication

In the case of fine art, the use of digital media (as standalone images or video, as part of an installation, or as a component in mixed media pieces) has meant that some artists have made only a single unique copy of their work, while others have created so-called ‘multiples’ – large-scale editions of their work. (The realm of ‘digital works’ and ‘digital prints’ produced by photographers and artists is worthy of a separate article.)

Making copies of existing digital works is relatively simple – the technology to reproduce and distribute digital artifacts on a widespread scale is built into practically every device linked to the Internet. Not all digital reproduction and file sharing is theft or piracy – in fact, through the wonders of social media ‘sharing’, we are actually encouraged to disseminate this content to our friends and followers.

The song doesn’t remain the same

Apart from the computer industry’s use of product keys to manage and restrict the distribution of unlicensed copies of their software, the music and film industries have probably done the most to tackle illegal copying since the introduction of the CD/DVD. At various times, the entertainment industries have deployed the following technologies:

  • copy-protection (to prevent copies being ripped and burned on computers)
  • encryption (discs and media files are ‘locked’ to a specific device or user account)
  • playback limits (mp3 files will become unplayable after a specific number of plays)
  • time expiry (content will be inaccessible beyond a specific date)

Most of these technologies have been abandoned because they either hamper our use and enjoyment of the content, or they have been easy to over-ride.

One technical issue to consider is ‘digital decay’ (*) – mostly, this relates to backing up and preserving digital archives, since we know that hard drives die, file formats become obsolete and software upgrades don’t always retrofit to existing data. But I wonder whether each subsequent copy of a digital artifact introduces unintentional flaws, which over time will generate copies that may render nothing like the original?

In the days of analogue audio tape, second, third and fourth generation copies were self-evident – namely, the audible tape hiss, wow and flutter caused by copying copies, by using machines with different motor speeds, and by minor fluctuations in power. Today, different file formats and things like compression and conversion can render very different versions of the ‘same’ digital content – for example, most mp3 files are highly compressed (for playback on certain devices) while audiophiles prefer FLAC. Although this is partly a question of taste, how do we know what the original should sound like? With a bit of effort, we can re-process an ‘original’ downloaded mp3 into our own unique ‘copy’ which may sound very different to the version put out by the record company (who probably mastered the commercially released mp3 from studio recordings created using high-quality audio processing and much faster data sampling rates).

So, would the re-processed version be a forgery?

(*) Thanks to Richard Almond for his article on Digital Decay which I found very useful.

 

 

 

 

 

 

 

Has streaming killed the video store?

In the era of Quickflix and internet TV services, why would anyone continue to patronise a bricks and mortar DVD shop? Well I, for one, am a  regular customer of my local independent video store, and here’s why:

First, choice. Clearly, they don’t have every film or TV series ever made, but there’s more than enough to discover during my lifetime. And they stock loads of titles not yet available to stream or download in Australia. (See previous blog on geo-blocking – and at the time of writing, Netflix is not available in Australia.)

Second, they have a great international selection, and their catalogue is not dominated by the latest Hollywood blockbusters. They have a particularly good section of art-house titles, as well as all-time classics, mainstream comedy and big-name dramas.

Third, it’s cheaper. There’s a minimal sign-up cost, no monthly subscription fees, and on average, the nightly cost of a DVD rental can be far less than alternative services. Plus, with most of their DVD’s, you get the bonus material not always available via streaming.

Fourth, it’s quicker. I know this sounds counter-intuitive, but with the slow internet speeds in Australia, it actually takes me less time to walk the few blocks to the video store and back than it does to download a full-length film.

Fifth, the staff make informed recommendations. OK, recommender engines are getting more and more sophisticated, but many still seem to be based on what people bought/downloaded, and not so much on what they actually watched, and really liked. But the video store staff are very knowledgeable about films, and having watched a lot, they can usually offer some personal suggestions based on what I have previously enjoyed.

Finally, the local DVD store is something of a community service, and for that alone I will continue to support it.

Amazon finally comes to Australia; local retailers still want government action on sales tax

A short (and seasonal) post this week, as everyone starts easing off for the holidays.

It may just be coincidence, but about the same time Amazon launched their new Australian website local retailers renewed their campaign to lower the $1,000 sales-tax exemption for online purchases from overseas retailers. And both events came at the start of the Christmas shopping season….

Obviously too early to say which way this will go, but here are a few personal observations:

First, the local Amazon site is limited to e-books, games and Android apps. So, no access to music, television or film content (digital or physical), no sales of print books and no Amazon marketplace. For these products and services, customers are directed to the US site. (Previously, the dormant Amazon.com.au domain name referred customers to the UK site.)

[Note: neither the US nor the UK sites allow overseas customers to buy mp3 content, but they can download digital music via Amazon’s AutoRip service when purchasing physical goods – confused? Me too….]

Second, prices for e-books on Amazon’s Australian site appear to be comparable to the US store, and presumably include local sales tax (GST) to keep on-side of the local real world and online retailers (as well as the ATO, of course).

Third, the general consensus is that if the $1,000 threshold was lowered or even abolished, the amount of sales tax to be collected would be more than outweighed by the additional costs of processing, administration and remittance (which would likely be passed on to local consumers at a “cost-plus” rate by overseas online retailers).

Fourth, many local retailers who voice their opposition to the $1,000 tax-free exemption fail to understand some of the reasons why local shoppers prefer to buy from overseas online retailers:

1. Price – even if overseas sales attract the 10% GST, in some cases this would still be cheaper than buying locally (especially so when the A$ was above parity with the US$). For example, from time to time, Amazon’s UK store offers free shipping on physical goods to Australia….

2. Choice – many products available from overseas online stores just aren’t available in Australia. This is primarily due to geo-blocking, confusion over local distribution rights, and simple lack of interest in stocking some items for the local market

3. Service – from recent personal experience, buying from a local online retailer took much longer than buying the same product from an overseas site, because the supply chain logistics were woefully inept.

[Note: As a separate but related example, I recently ordered a new iPhone 5S direct from Apple’s local website, and received it within 3 days, including a weekend; whereas my telco provider – which prides itself on its on-line business model and customer service standards – took more than 2 weeks to send me a new nano SIM card….. I had also been told by a couple of local Apple re-sellers that it would take 3-4 weeks to order the new phone, unless I took out a new mobile plan with them – which may say more about Apple’s trading policies than the resellers’ business operations.]

My advice to local bricks and mortar and even some online retailers is to look at their own limitations before insisting that the government amend the GST-free threshold on overseas online purchases.

As for Amazon, I wish them well in developing their local service. Much has been made of the stated intention to focus on Australian titles, and the opportunity for local authors to self-publish via Amazon. But already there have been some rumblings that this new site may cannibalize Kindle sales made via some of Amazon’s local retail channel partners.

YouTube and guilty pleasures…

My local gym has recently installed new cardio equipment with touch screen monitors and internet access. So I find myself indulging in what some musicologists call “guilty pleasures” on YouTube – music that was so naff or cheesy when it first came out that no serious music lover would ever admit to liking it, but now it’s OK because retro is cool.*

Dollar-Hand-Held-In-Blac-116568

However, when I stumbled upon a couple of unauthorised YouTube posts featuring my own band, it got me thinking about all the “unofficial” uploads, and the impact that digital technology and social media are having through the increasing disregard for copyright and the rapid erosion of traditional business models by which content creators commercialize their intellectual property.

As more companies use digital media to support sales and marketing, brand management, customer engagement and market analysis, it becomes a valuable product or asset in its own right.

Even if you don’t believe your business is concerned with either content creation or commercializing intangible assets, there are implications for how you protect your business against commoditization or disintermediation.

What are the implications of new delivery channels for contemporary content creators, and what lessons does this offer to other businesses? 

For example, how can artists earn adequate fees from music streaming services? What do broadcasters gain from personalised radio apps? Who is making sure authors and publishers get their fair share of royalties from “curated” and aggregated content services?

The truth is, I don’t think anyone really knows the answers to these questions.

Some musicians may feel they are not adequately compensated by commercial streaming services; others recognise that the game has changed, that releasing recorded music is no longer enough to provide them with a living. In the past, musicians toured to promote their latest albums; now they release music to promote their next concert tour. They also know they must take more direct control over their income sources and revenue streams from music sales, live performance, merchandising and publishing.

For broadcasters, traditional content syndication models may no longer work if content can be disaggregated and re-aggregated without them really knowing about it. Internet streaming and web broadcasting are wonderful things, but how will advertisers react when broadcasters have limited ways of measuring the audience, because nobody knows where they are, or who they are, or when they are listening/watching?

Even authors and publishers, with a long and established history of licensing systems such as public lending rights, are wary of schemes to digitize their back catalogues. They are in a bind, because they know some income from these programs is better than none, but does it justify losing a high degree of control over the commercialisation and distribution of their copyright material?

Which brings me back to YouTube, one of the “best” examples of commercialised copyright infringement that the internet and social media have created. Even if file sharing services such as Megaupload are no longer with us, or controversial music re-sellers like LegalSounds have shut down, with very little effort anyone can extract content posted to YouTube, despite the fact that the latter does not actually support a download function.

For my part, I’ll happily admit to accessing YouTube content which is subject to copyright infringement – so much material on YouTube appears to have been posted without the prior consent (or knowledge) of the copyright holder. I’m actually very pleased that someone has posted it because I enjoy watching long-forgotten documentaries and TV interviews, out-of-print live recordings and broadcasts, and stuff that is unavailable commercially. But my consumption of this content is largely predicated on unauthorised uploading.

Although much of this “re-cycled” content is tagged with a “Standard YouTube License” (which simply means the viewer cannot record, download, monetize or claim ownership over the content), many people posting and uploading 3rd party content don’t have permission to do so in the first place. (Even a broad interpretation of “fair use” exemptions would not justify the wholesale uploading of complete albums which are still commercially available.)

I acknowledge that YouTube provides a copyright infringement process, and a Content ID system designed to help content owners assert copyright over material that has been unlawfully uploaded. But personally, I can’t help feeling that this is a rather disingenuous arrangement. YouTube stresses it is not in a position to determine copyright status – but it is more than happy to create opportunities for generating advertising revenue as part of the dispute resolution process (revenue which it presumably shares with the aggrieved copyright holder?).

YouTube started out as a platform for user-defined and user-contributed content. It does not create its own content – although it invests in original content for its “channels”,  and supports curated and personalised content (“recommendations”). This means YouTube attracts everything from amateur cat videos to professionally produced music promos, as well as highly original, creative and informative content uploaded by the independent musicians, artists, designers, educators and film-makers who create it and who choose to upload it.

And yet I keep coming back to the fact that YouTube is also full of “shared” content – content which is not owned by or licensed to the people uploading it. This is where the real commercial value of YouTube was always going to be found: in 3rd party content, however dodgy the provenance, because this reveals what might be popular and therefore, what can be monetized.

As a result, it could be argued that YouTube has been a considerable beneficiary of  copyright abuse – by using its analytics and other data mining, it can identify potential revenue “hotspots”, even if the content has not been legitimately uploaded in the first place.

So, while YouTube is very useful as an archive resource, its future is written in the terms of its commercial alliance with Vevo. This deal is designed to promote popular artists through the distribution of their music and video content via highly controlled sales and marketing channels.

On one level, it’s merely the latest attempt by major record labels to reclaim their market dominance over a music industry that is increasingly subject to vertical re-integration. On another, it will inevitably lead to an uneven playing field: some (a very few?) content producers will generate huge revenues from mobile and on-line platforms through their share of the advertising (rather than from traditional airtime and mechanical royalties); others (the majority?) will neither be able to collect royalties (because the model is broken), nor attract advertising (because they don’t have the marketing budgets to spend on buying an audience big enough to be of interest to advertisers).

What is happening in the content and media industries today will likely happen to other industries tomorrow, especially in the services sector; but we can already see that the development of domestic 3-D printers creates the possibility of “open source” designs for producing our own consumer products – so what impact will this have on manufacturing, for example?

*Confession: Yes, I admit that Dollar’s “Hand Held in Black and White” is one of the “guilty pleasures” in my record collection. It’s big on cheese and none of my friends would ever admit to liking it, but it features some classic ’80s synth arpeggios and electronic drum programming, and was produced by Trevor Horn as he transitioned from the bubblegum synth pop of the Buggles to the splendour that was Art Of Noise….