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Copyright, Blockchain, Technology and the State of Digital Piracy

January 15, 2017 Leave a comment
The next installment of one of my favourite conferences on copyright and technology is right around the corner, on January 24th in NYC, and as usual it promises some interesting: debate, controversy and hot-off-the-press insights into the murky world of copyright business, technology, and legislation. Plus, this year, it also features a panel on the game changing technology of blockchain and its myriad disruptive applications across entire industries, including copyright and the creative industries.

Thankfully, the inclusion of this panel session recognises the never-ending role of new and innovative technologies in shaping the evolution of Copyright. Ever since that first mass copy technology (i.e. the printing press) raised questions of rights ownership, and due recompense for works of the mind, new technologies for replicating and sharing creative content have driven the wheel of evolution in this area. Attendees will doubtless benefit from the insight and expertise of this panel of speakers as well as moderator and Program Chair, Bill Rosenblatt, who questioned (in a recent blog post), the practicality, relevance and usefulness of blockchain in a B2C context for copyright. You are in for a treat.

This is a very exciting period of wholesale digital transformation, and as I mentioned once or twice in previous articles and blog-posts, the game is only just beginning for potential applications of: blockchain, crypto currencies, smart licences and sundry trust mechanisms in the digital domain. In an age of ubiquitous content and digital access, the focus of copyright is rightfully shifting away from copying and moving towards the actual usage of digital content, which brings added complexity to an already complex and subjective topic. It is far too early to tell if blockchain can provide a comprehensive answer to this challenge.

The Copyright and Technology conference series have never failed to provide some thought-provoking insights and debates driven by expert speakers across multiple industries. In fact, I reconnected recently with a couple of previous speakers: Dominic Young and Chris Elkins, who are both still pretty active, informed and involved in the copyright and technology agenda. Dominic, ex-CEO of the UK’s Digital Catapault, is currently working on a hush hush project that will potentially transform the B2C transaction space. Chris is co-founder Muso, a digital anti-piracy organisation which has successfully secured additional funding to expand its global footprint with innovative approaches to anti-piracy. For example, if you ever wondered which countries are most active in media piracy, then look no further than Muso’s big data based state of digital piracy reports. Don’t say I never tell you anything.

In any case, I look forward to hearing attendees impressions on the Copyright and Technology 2017 conference, which I’m unable to attend / participate this timme unfortunately. In the meantime, I’ll continue to spend my spare time, or whatever brain capacity I have left, with pro-bono activities that allow me to: meet, mentor / coach and advise some amazing startups on the dynamic intersection of IP, business and technology. More on that in another post.

Intellectual Property for Start-Ups

October 28, 2016 Leave a comment

A few weeks ago I had the opportunity to participate, as chair & speaker, at a BCS Entrepreneurs event discussing the role and value of Intellectual Property for start-ups and entrepreneurs. As you might imagine this was a well attended event with so many different questions foremost on the minds of various attendees.

Given the focus on my favourite topics of IP and entrepreneurship, it didn’t take much persuasion for me to sign-up and chair the event. Furthermore, I was in the company of two legal experts on: EU IP law (Jonathan Exell, from William Powells) and employment law (Bob Fahy, from Veale Wasbrough Vizards) respectively. Also the attendees were certainly not shy to engage and they took some delight in systematically dissecting the trickier aspects of entrepreneurship and the start-up vs. IP challenge in a changing landscape. 

As introduction and kickoff, I provided a quick overview of some of those key challenges facing startups with respect to IP. This was mainly based on a previous post and article I’d written and published about this same topic. 

The first speaker followed through with a thorough recap of the legal position on IP particularly with regard to the EU and Brexit. Key message: it’ll likely be business as usual for IP in post Brexit UK, at least in the near term. Also, it is highly unlikely that the UK will deviate too radically from the increasingly aligned position on IP  which most of the world enjoy today.

The second legal perspective provided some insights on key challenges and opportunities facing anyone trying to manage the IP risks and issues associated with employees, disgruntled or otherwise. Here the lines become somewhat blurred between contract vs. employment vs. IP laws. It was interesting to observe the number of questions relating to how founders should approach the challenge of establishing who has what IP (and / or portions thereof) when their start-up fails, flounders, or even flourishes!

To say this event was informative and enlightening would be an understatement because the second part of the seminar consisted of 1-to-1 mentorship sessions, with experienced BCS mentors exploring attendees individual circumstances in order to provide specific guidance based on the topic at hand. Pure value delivered, if you ask me. As an exercise in giving back, I can think of no better way to spend an evening than by learning, interacting and exploring various start-up IP challenges with enthusiastic entrepreneurs, mentors and experts from within and outside of the BCS.

One thing I love about my work is how it affords me unfettered opportunity to give back, by providing dedicated time (and a measurable objective) to undertake pro bono activities, such as this one, which is aimed at helping others in need of expertise or guidance for projects, worthy causes or personal development. Pure Ohana!

The Tech Start-Up’s IP Dilemma

September 4, 2016 Leave a comment
When it comes to tech entrepreneurship, a good Intellectual Property (IP) strategy will often play a critical role in the difference between unbridled success versus failure-inducing infringement lawsuits. How should technology entrepreneurs and start-ups approach the difficult task of balancing IP protection vs. commercialization considerations in the dynamic, financial and geo-political landscape of today?

In the face of recent global financial meltdowns, migrant refugee crises, global terrorism and regional upheavals (e.g. BREXIT), things may become exponentially more complicated. In terms of IP, the key question for many high-growth start-ups is how to negotiate the daunting landscape of protocol, jurisdiction and regulatory compliance requirements for each new market that they penetrate.

3 key factors, in my opinion, need to be taken into consideration when attempting to address these particular challenges as follows:

Pay to play – The digital world has ushered in a shift from transactions to a more interaction based economy. According to Constellation Research Principal, Andy Mulholland, three distinct types of time-zone based interactions can be recognized in this new environment. They comprise of: reflex interactions (e.g. autonomous machine to machine interactions); service based interactions (i.e. multiple, coordinated services interacting to deliver value to customers / subscribers / end-users); and finally, cognitive interactions (delivering enhanced value as part of a ‘smart’ system and ecosystem).

Changing of the Guard – IP is a moveable feast, and sooner or later any proponent of “free-to-use” IP soon become vigorous advocates of IP protection once they start producing their own. Nations that were once net consumers of IP, with scant regard for anti-piracy measures, will often become rabid defenders of international IP laws when they start producing more IP than they consume. The same applies to start-ups who initially think nothing of appropriating other people’s IP in other to create or enhance their own products / services, but then go on to spend oodles of funding money with top IP lawyers to protect or defend their IP as they mature.

Caring, sharing, gig economy – The last point is very much about the real cost of freedom and flexibility. The so called “Gig economy”, which offers short term roles for hordes of contingent workers (aka ‘micro entrepreneurs’), has been popularised by the likes of Uber, Airbnb and Deliveroo, because they promise a greater degree of freedom and flexibility than traditional employer / employees models. The new gig economy players typically provide a platform for exchanging goods and services, but sometimes this can verge on the traditional ’employee’  domain, (e.g. wearing uniforms with the platform providers logo), instead of an independent provider. This blurring of lines could be interpreted by many as an attempt by platform operators to have their cake and eat it, and this has contributed to the recent spate of high profile law suites and demonstrations by irate contingent workers. Such disruptive business practices bring to mind the threat posed to traditional content industries by file sharing platforms such as: Naptster, Grokster, Pirate Bay and Megaupload, who all got sued to smithereens. The sad thing is that such repercussions, if unchecked, can serve to dampen the innovative vigour of said ‘gig economy’ platform operators. A middle ground must be found where it will be possible to explore the frontiers of the new gig economy without trampling over the rights of its participants. The promise of freedom and flexibility alone may not be worth the pixels through which it is displayed.

In conclusion, when it comes to startup entrepreneurship in today’s world, it takes a certain level of awareness to negotiate the myriad challenges facing new innovative / disruptive entrants to most markets. One of the key criteria for success, (in addition to having the right ideas, resources, team and opportunity / timing), is the presence of a good strategy for intellectual property and how it can be employed to the benefit of the organisation. It is no accident that California USA, with its high concentration of IP based industries, is the 6th largest economy in the world, therefore it goes without saying how important it is for startups to identify and protect any IP assets, right from the start.

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Disclosure: The above post is derived from a soon-to-be-published article in the next edition of BCS Digital Leaders newsletter. Also the topic of start ups and IP will be the focus of the next BCS Entrepreneurs speed mentoring event which I’ll be chairing in the next few weeks.

More Perils of Reusing Digital Content

February 7, 2016 1 comment
Some time ago I wrote an article and blog post entitled “the perils of reusing digital content” looking at the key challenges facing users of digital content which thanks to the power of computing and the Internet has become more easily available, transferable and modifiable. It says a lot about the age in which we live that this is still not universally perceived to be a good thing. It also explored the Creative Commons model as a complementary alternative to a woefully inadequate and somewhat anachronistic copyright system in the digital age. Since then the situation has got even more complex and challenging thanks to the introduction of newer technologies (e.g. IoT), more content (data, devices and channels), and novel trust / sharing mechanisms such as blockchain. 


I’ve written a soon-to-be-published article about blockchain, from which the following excerpt is taken:  “Blockchains essentially provide a digital trust mechanism for transactions by linking them sequentially into a cryptographically secure ledger. Blockchain applications that execute and store transactions of monetary value are known as cryptocurrencies, (e.g. Bitcoin), and they have the potential to cause significant disruption of most major industries, including finance and the creative arts. For example, in the music industry, blockchain cryptocurrencies can make it economically feasible to execute true micro-transactions, (i.e. to the nth degree of granularity in cost and content). There are already several initiatives using blockchain to demonstrate full transparency for music payments – e.g. British artiste Imogen Heap’s collaboration with UJO Music features a prototype of her song and shows how income from any aspect of the song and music is shared transparently between the various contributors.”


The above scenario makes it glaringly obvious that IP protection in digital environments should be focused more on content usage transparency rather than merely providing evidence or enforcing copying and distribution restrictions. The latter copy and distribute restriction model worked well in a historically analog world, with traditionally higher barriers-to-entry, whereas the former transparent usage capability plays directly to the a strength of digital – i.e. the ability to track and record usage and remuneration transactions to any degree of granularity, (e.g. by using blockchain).


Although it may sound revolutionary and possibly contrary to the goals of today’s content publishing models, in the longer term, this provides a key advantage to any publisher brave enough to consider digitising and automating their publishing business model. Make no mistake, we are drawing ever closer to the dawn of fully autonomous business models and services where a usage / transparency based IP system will better serve the needs of content owners and publishers.


In a recent post, I described a multi-publishing framework which can be used to enable easier setup and automation of the mechanisms for tracking and recording all usage transactions as well as delivering transparent remuneration for creator(s) and publisher(s). This framework could be combined with Creative Commons and blockchains to provide the right level of IP automation needed for more fluid content usage in a future that is filled with autonomous systems, services and business models.


Introducing a Framework for Multi-Publishing

January 16, 2016 1 comment

I believe that in a highly connected digital world, the future of content publishing lies with creating interlinked manifestations of a core concept or theme. I like to think of this as “multi(n) publishing”, (where ‘n’ stands for any number of things, e.g.: aspect / channel / facet / format / genre / sided / variant / etc.), or multi-publishing for short. To this end, I’ve created a framework which could prove very useful for conceptualizing and executing multi-publishing projects. Read on to find out more.

  1. Why Multi-Publishing?

There is increasing evidence of an evolution in the way people consume digitally enabled content, e.g.: watching a TV show whilst surfing the web, talking on the phone to a friend and posting comments on social media – all of which may or may not relate to each other or a single topic. This has put enormous pressure on content creators and publishers to find new ways to engage their audience and deliver compelling content to people that live in a world surfeit with competing content, channels, devices and distractions. In the above scenario, broadcasters have tried, with varying degrees of success, to engage viewers with second or multi-screen, content (e.g.: show on TV, cast info on website / mobile site, plus real time interaction on Social Media – all related to the show). Furthermore, the average attention span of most users appears to have shrunk and many prefer to ‘snack’ on content across devices and formats. This doesn’t bode well for the more traditional long-form content upon which many creative industries were established. As a result, many in the content production, publishing and marketing industries are seeking new ways to engage audiences across multiple devices and channels with even more compelling content and user experiences.

  1. What is Multi-publishing?

In this context, the term “multi(n) publishing” (or multi-publishing) describes the manifestation of a core concept / theme as distinct but inter-linked works across multiple media formats, channels and genres. This is somewhat different from other similar related terms such as: multi-format (or cross-media), multi-channel, single source, or even multi-platform publishing. The last one being mainly used by marketers to describe the practice of taking one thing and turning it into several products across a spectrum of online, offline and even ‘live’ experiential forms. The key difference between these terms and multi-publishing is that the latter encompasses them all, and more. In fact, the multi-publishing framework is closer to the information science idea of conceptualisation. Also, and perhaps more importantly, the various manifestations of multi-published content are not necessarily brand identical to the originating (aka ‘native’) core concept, or to each other. However, each and every manifestation is intended to be unique and distinct, yet able to enhance each other and provide a fuller and more fulfilling experience of the overall core concept.

  1. How does it work?

In order to achieve the desired outcome of the whole being more than a sum of its parts, it makes sense for creators and publishers to bear in mind, right from the outset, that their works will likely be: used, reused, decomposed, remixed and recomposed in so many different ways, (including new and novel expressions of which they couldn’t possibly imagine at the time of creation). Therefore, they must recognize where and how each of their output content fits within the context of a multi-publishing content framework or architecture. The diagram below is just such a framework (in mindmap form) and demonstrates the narrative-like progression of a single core concept / theme across various stages and interlinked manifestations.

The Multi-Publish Concept

This is only an example of what content creators and their publishers must consider and prepare as part of their creative (inspiration) and publishing (exploitation) process. It requires the creation and/or identification of a core concept which is manifest in the expression of the art (e.g. in the: story, song, prose, images, video, game, conversations or presentations etc), and which can be used to link each and every format, channel or media in which the concept is expressed.

Finally, the use of multi-publishing frameworks can also enable easier setup and automation of tracking and recording of all usage transactions, and potentially any subsequent remuneration for creator(s) and publisher(s), in a transparent manner, (perhaps using a trust mechanism such as blockchain). I will explore this particular topic in a subsequent post on this blog. In any case, there remains one key question to be answered, i.e.: how can or should we consider protecting core concepts or algorithms at the heart of multi-publishing frameworks, and if so what form should such protection take?

IBM Innovation Labs – where old meets new, and everything in between…

November 25, 2015 Leave a comment

If you’ve ever wondered how the big tech players do innovation then you might do well to head on over to IBM’s Hursley labs for a taste of their world class innovation facility. A few weeks ago, some colleagues and I were hosted to an executive briefing on innovation, the IBM way. Read on to find out more…

Pictures on lab visit

IBM Executive Briefing Day

We had a fairly simple and straightforward agenda / expectation in mind, i.e. to: hear, see and connect with IBM labs on key areas of innovation that we might be able to leverage in our own labs, and for clients. This objective was easily met and exceeded as we proceeded through the day long briefing program. Below are some highlights:

First of all, Dr Peter Waggett, Director for Innovation, gave an overview of IBM Research and ways of working. For example, with an annual R&D spend of over 5 Billion Dollars, and 1 Billion Dollars in annual revenues from patents alone, (IBM files over 50 patents a year), it quickly became clear that we were in for a day of superlatives. Dr. Waggett described the operating model, lab resources and key areas of focus, such as: working at the ‘bow wave’ of technology, ‘crossing the mythical chasm‘ and ‘staying close to market’. Some specific areas of active research include: Cognitive Computing (Watson et al), Homomorphic encryption, “data at the edge” and several emerging tech concepts / areas e.g.: Biometrics, biometry and Wetware / Neuromorphic computing with the IBM Synapse Chips. And that was just in the morning session!

The rest of the day involved visiting several innovation labs, as outlined below:

Retail Lab – demonstration of some key innovation in: retail back end integration, shopper relevance and customer engagement management (with analytics / precision marketing / customer lifecycle engagement). Also, touched on integration / extension with next generation actionable tags by PowaTag.

Emerging Technology & Solutions Lab – featured among other things: the IBM touch table (for collaborative interactive working), Buildings Management solutions (with sensors / alerts, dashboard, helmet and smart watch components); Manufacturing related IoT solutions (using Raspberry Pi & Node Red to enable closed loop sensor/analysis/action round trip); Healthcare innovations (including Smarthome based health and environment monitoring with inference capability) and of course Watson Analytics.

IOT Lab – Demonstrated various IoT based offers e.g.: from Device to Cloud; Instrumenting the World Proof of Concepts; Decoupled sensors / analysis / actuators; IoT reference architecture (incl. Device / Gateway / Cloud / Actuators ); and IoT starter kits (with Node Red development environment & predefined recipes for accelerated IoT).

IOC Labs – IBM’s Intelligent Operations Centre (IOC) was shown to be highly relevant for smarter cities as it enables the deployment of fourfold capabilities to: Sense / Analyse / Decide / Act, thus enabling the ability to predict and respond to situations even before they arise. IOC capabilities and cases studies were also demonstrated to be relevant & applicable across multiple industry scenarios including: retail, transport, utilities and supply chain.

Finally, you cannot complete a visit to Hursley without stopping off at their underground Museum of computing. Over the years, this has become a special place, showcasing the amazing innovations of yesterday which have now become objects of nostalgia and curiosity for today’s tech savvy visitors. It is almost incredible to think that computers once ran on: floppy discs, magnetic tape and even punch cards. This is made even more poignant by the thought that almost every new innovation we saw in the labs will one day take their place in the museum, (particularly if they prove successful). Perhaps some of them may even be brought to life by other, newer and as-yet-undiscovered innovations, e.g.: see if you can spot the 3D printed key on this IBM 705 data processor keyboard!

New 3D Printed Key on Keyboard

Spot the 3D printed key.

Overall, it was a great experience and many thanks to our hosts, and IBM event team, for making this a most interesting event. The team and I are certainly look forward to finding out how other tech players, both large and small, are pursuing their own innovation programs!

Copyright and technology: glass half full or half empty?

October 11, 2014 Leave a comment
following on from my last post about IP and Digital Economy, I’d like to focus this one on the evolving role of copyright in the digital economy. What are the key recent developments, trends and challenges to be addressed, and where are the answers forthcoming? Read on to find out.
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Where better to start than at the recent Copyright and Technology 2014 London conference in which both audience and speakers consisted of key players in the intersection of copyright, technology and digital economy. As you can probably imagine such a combination provided for great insights and debate on the role, trends and future of copyright and digital technology. Some key takeaways include:
  • The copyright yin and technology yang – Copyright has always had to change and adapt to new and disruptive technologies (which typically impact the extant business models of the content industry) and each time it usually comes out even stronger and more flexible – the age of digital disruption is no exception. As my 5 year old would say, “that glass is half full AND half empty”
  • UK Copyright Hub – “Simplify and facilitate” is a recurring mantra on the role of copyright in the digital economy. The UK Copyright Hub provides an exchange that is predicated on usage rights. It is a closely watched example of what is required for digital copyright and could easily become a template for the rest of the world.
  • Copyright frictions still a challenge – “Lawyers love arguing with each other”, but they and the excruciatingly slow process of policy making, have introduced a particular friction to copyright’s digital evolution. The pace of digital change has increased but policy has slowed down, perhaps because there are now more people to the party.
  • Time for some new stuff – Copyright takes the blame for many things (e.g. even the normal complexity of cross border commerce). Various initiatives including: SOPA & PIPA / Digital Economy Act / Hadopi / 3 strikes NZ have stalled or been drastically cut back. It really is time for new stuff.
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Source: Fox Entertainment Group

  • Delaying the “time to street” – Fox describe their anti-piracy efforts in relation to film release windows, in an effort to delay the “time to street” (aka pervasive piracy). These and other developments such as fast changing piracy business models, or the balance between privacy vs. piracy and technologies (e.g. popcorn time, annonymising proxies, cyberlockers etc.) have added more fuel to the fire.
  • Rights Languages & Machine-to-Machine communication – Somewhat reminiscent of efforts to use big data and analytics mechanisms to provide insight from structured and unstructured data sources. Think Hadoop based rights translation and execution engines.
  • The future of private copying – The UK’s copyright exceptions now allow for individual private copies of owned content. Although this may seem obvious, but it has provoked fresh comments from content industries types and other observers e.g.: When will technology replace the need for people making private copies? Also, what about issues around keeping private copies in the cloud or in cyber lockers?
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Mutant copyright techie-lawyer

In conclusion, and in light of the above gaps between copyright law and technology, I’ve decided that I probably need to study and become a mutant copyright techie-lawyer in order to help things along – you heard it here first. Overall, this was another excellent event, with lots of food for thought, some insights and even more questions, (when won’t there ever be?), but what I liked most was the knowledgeable mix of speakers and audience at this years event, and I look forward to the next one.