Archive for March 2016


RTL orders Blitzkrieg on Alarm für Cobra 11 fan community prior to the show’s 20th anniversary

10.03.2016

With the lead-up to the 20th anniversary of the German TV show Alarm für Cobra 11: die Autobahnpolizei, a fan group I run—the largest unofficial community on Facebook for the series—has been the subject of a Blitzkrieg by RTL. Trailers, which made up the majority of the uploaded videos, are indeed copyrighted material, but have resided happily there since 2008. But in their determination to have every video cleansed from Facebook, individual members’ copyrighted material, as well as videos that do not even belong to RTL, have been the subject of their claims.
   As someone who is usually on the complainant’s side in DMCA cases, I have a lot of sympathy for their position—but I’ve never gone to a website to lay claim to material that isn’t ours. You would think that a company as well resourced as RTL would be able to tell the difference, if a far smaller firm like ours can, but it appears there are keyboard warriors even in the largest TV networks. A reply, therefore, is needed, and it’s going to be a nice weekend sans Facebook, where I have been barred for three days without their usual counterclaim procedure operating. Luckily, I had set up a back-door account to administer pages and groups, after Facebook’s anti-malware malware incident, which is practically all I do there these days anyway.

Ladies and Gentlemen:

Today we note that all videos uploaded to the largest Facebook group about the TV series Alarm für Cobra 11: die Autobahnpolizei (https://www.facebook.com/groups/autobahnpolizei/) have been the subject of complaints by you, causing them all to be removed.
   We acknowledge that some of these videos contain content from Mediengruppe RTL Deutschland and Action Concept. They have resided there since 2008 without a single complaint, and the overwhelming majority (over 90 per cent) are trailers that you have permitted not only on this group, but all fan groups.
   Our group is non-profit and promotional in nature. Contractors to and employees of RTL and Action-Concept have happily been members for years, so it is clearly known to your organization.
   You have also permitted fan edits to your material on YouTube for years, where derivative works have been created and reside.
   Derivative works include subtitled, reworked Bulgarian translations to your trailers by Mr Hristian Martinov that feature new graphics, fan edits by Herr Thorsten Markus Grützmacher featuring the history of the series, and fan videos by Herr Stefan Wilke made in 2002 and 2004. Given RTL’s own stance on these elsewhere, principally on YouTube, there is an appalling double standard that you have applied to this Facebook group.
   We acknowledge that on a strict legal interpretation, some of these can be subject to your copyright claims and, had we been approached privately, we would have removed them. However, we are deeply concerned over content that Mediengruppe RTL Deutschland falsely and deceptively laid claim to, and is no concern of yours.
   You have stated to Facebook that these are videos that you or your organization created. In the cases detailed below, this is not true.
   We have two reporting numbers provided to us by Facebook, 1687808734841713 and 235243696819825, although numerous others relating to this group apply.
   Among those are videos that you have falsely and deceptively laid claim to include those shot by individual members on set on visits to Action Concept, videos shot privately by Herr Grützmacher while he was contracted to Action Concept, advertisements made by Kia Motors Deutschland GmbH which feature Alarm für Cobra 11 characters, news articles covering Alarm für Cobra 11 that are not owned by RTL but by their respective news networks, and an advertisement for Daimler AG that has no connection whatsoever to Alarm für Cobra 11, Action-Concept, or RTL.
   Please be advised that Facebook operates on US copyright law, which the above items do not fall foul of as they relate to RTL; even if they do, they are outside the scope of copyrighted material that you have any authority to file complaints about. The notion of German moral rights in copyright do not apply in the United States in this respect.
   Your actions have caused accounts to be disabled and while this may be warranted in the cases that concern RTL material, it is not warranted in cases where you have made false claims to Facebook. Your statements are not only inaccurate in these cases, they are also defamatory in nature and we consider them libellous.
   We are prepared to vigorously defend our position.
   Nevertheless, we are reasonable, and we propose a fair solution. As there is no way to compile every reporting number over eight years of material that has vanished in the space of 24 hours, we request that all the material you have reported on this group to be reinstated in full. Once that is done, the group’s moderators work alongside you to remove, individually, only the content that belongs to you. Reinstatement should occur within a week of this email, while removal of all RTL trailers, promotional material, and direct clips from the show—the last of which are indisputably RTL copyrighted material—will be done over the following week.
   Facebook notes that you are under no obligation to respond. Please be advised that this message will be openly published, and will also be sent to you as hard copy, with other parties cced.

Yours faithfully,

Jack Yan, LL B, BCA (Hons.), MCA

ccs for Action Concept and Facebook, under separate cover

   What an innovative way to generate goodwill for a TV series in the days before the network kicks off its 20th anniversary tributes (on March 12).

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Posted in business, internet, TV | 1 Comment »


Autocade reaches 8,000,000 page views; viewing rate up slightly since last million

05.03.2016

I had expected our car encyclopædia Autocade would reach 8,000,000 page views this month, just before its eighth anniversary. The difference was that this time, I was there last Monday GMT (the small hours of Tuesday in New Zealand) to witness the numbers tick over—almost.
   Usually, I find out about the milestones ex post facto, but happened to pop by the website’s stats’ page when it was within the last hundred before hitting 8,000,000—and took the below screen shot where the viewing numbers had reached 8,000,001 (I also saw 7,999,999; and no, these special admin pages are not counted, so my refreshing didn’t contribute to the rise).

   The site is on 3,344 individual entries (there’s one image for each entry, if you’re going by the image excerpt), which is only 86 more than Autocade had when it reached 7,000,000 last October. The rate of viewing is a little greater than it was for the last million: while I’m recording it as five months below, it had only been March for just under two hours in New Zealand. Had Autocade been a venture from anywhere west of Aotearoa, we actually made the milestone on leap day, February 29.
   Not bad for a website that has had very little promotion and relies largely on search-engine results. I only set up a Facebook page for it in 2014. It’s been a labour of love more than anything else.

March 2008: launch
April 2011: 1,000,000 page views (three years for first million)
March 2012: 2,000,000 page views (11 months for second million)
May 2013: 3,000,000 page views (14 months for third million)
January 2014: 4,000,000 page views (eight months for fourth million)
September 2014: 5,000,000 page views (eight months for fifth million)
May 2015: 6,000,000 page views (eight months for sixth million)
October 2015: 7,000,000 page views (five months for seventh million)
March 2016: 8,000,000 page views (five months for eighth million)

   I started the site because I was fed up with Wikipedia and its endless errors on its car pages—I’ve written elsewhere about the sheer fictions there. Autocade would not have Wikiality, and everything is checked, where possible, with period sources, and not exclusively online ones. The concept itself came from a car guide written by the late Michael Sedgwick, though our content is all original, and subject to copyright; and there’s a separate story to tell there, too.
   I acknowledge there are still gaps on the site, but as we grow it, we’ll plug them. At the same time, some very obscure models are there, and Autocade sometimes proves to be the only online source about them. A good part of the South African motor industry is covered with material not found elsewhere, and Autocade is sometimes one of the better-ranked English-language resources on Chinese cars.
   I’d love to see the viewing rate increase even further: it’d be great to reach 10,000,000 before the end of 2016. It might just happen if the viewing rate increases at present levels, and we get more pages up. Fellow motorheads, please keep popping by.

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Posted in business, cars, China, interests, marketing, New Zealand, publishing | 2 Comments »


Bye to the US news app that ranks the Steven Joyce dildo incident above Martin Crowe’s passing

04.03.2016

I’ve just switched from Inside, the much vaunted news app from entrepreneur Jason Calacanis, to Wildcard as my principal news app on my phone. I never got to use Circa (which I understand Jason was also behind), which sounded excellent: by the time I downloaded it, they had given up.
   But we all need news, and I don’t like the idea of apps that are from a single media organization.
   Inside seemed like a good idea, and I even got round to submitting news items myself. The idea is that the items there are curated by users, shared via the app. There was a bit of spam, but the legit stuff outnumbered it.
   However, I can’t understand the choices these days. A few items I put in from Radio New Zealand, Māori Television and The New Zealand Herald were fine—stories about the flag and the passing of Dr Ranginui Walker, for instance—but none of the ones about the passing of Martin Crowe, possibly of more international interest, remained.
   There were other curious things: anything from Autocar is summarily rejected (they don’t even appear) while I notice Jalopnik is fine. When it comes to cars, this is the only place where the publication with the longest history in the sector is outranked by a web-only start-up, whose pieces are enjoyable but not always accurate. The only car piece it accepted from me was about Tesla selling in Indiana, but Renault, Volkswagen, Lamborghini, Porsche, Aston Martin and other manufacturers’ news didn’t make it. This I don’t get. And I like to think I know a little bit about cars, in the week when Autocade hit 8,000,000 page views.
   Now, if this is meant to be an international app, downloadable by everyone, then it should permit those of us in our own countries to have greater say in what is relevant to our compatriots.
   Visit the New Zealand category, and you see a few items from yours truly, but then after that, they are few and far between: the Steven Joyce dildo incident, for example, and you don’t have to scroll much to see the Otago car chase being stopped by sheep last January. A bit more has happened than these events, thank you. No wonder Americans think nothing happens here.



According to Inside, these news items—separated only by one about Apple issuing a recall in our part of the world—are far more important to users following the New Zealand category than Martin Crowe’s death.

   The UK is only slightly better off, but not by much. I notice my submission about Facebook not getting away with avoiding taxes in the UK vanished overnight, too.
   News of the royal baby in Sweden wasn’t welcome just now. Nor was the news about the return of one of the Hong Kong booksellers, but news from Bloomberg of a luxury home on the Peak, which I submitted last month, was OK. Lula’s questioning by police has also disappeared (admittedly my one was breaking news, and very short), though Inside does have a later one about his brief arrest.
   Yet to locals, the rejected ones are important, more important than Gladys Knight singing to a cop or a knife on O. J. Simpson’s estate (which have made it).
   This is a very American app, and that’s fine: it’s made by a US company, and I’m willing to bet most of its users are American. However, the “all” feed, in my view, should be global; those who want news tailored to them already have the choice of selecting their own topics. (It’s the first thing the app gets you to do after signing in.) And if some fellow in New Zealand wants to submit, then he should have the same capacity as someone in the US. After all, there are more of them than there are of us, and I hardly think my contributions (which now keep vanishing!) will upset the status quo.
   Or does it?
   I mean, I have posted the odd thing from The Intercept about their country’s elections.
   Whatever the case, I think it’s very odd for an app in the second decade of the century to be so wedded to being geocentric. I can understand getting stuff weeded out for quality concerns—I admit I’ve posted the odd item that is an op-ed rather than hard news—but this obsession to be local, not global, reinforces some false and outdated stereotypes about the US.
   It’s like Facebook not knowing that time zones outside US Pacific Time exist and believing its 750 million (as it then was) users all lived there.
   My advice to app developers is: if you don’t intend your work to be global, then don’t offer it to the global market. Don’t let me find your app on a Chinese app centre. Say that it’s for your country only and let it be.
   Or, at least be transparent about how your apps work, because I can’t find anything from Inside about its curation processes other than the utopian, idealistic PR that says we’re all welcome, and we all have a chance to share. (We do. Just our articles don’t stay on the feed for very long.)


Wildcard has an attractive user interface, and its mixture of news is more appealing, especially if you want more depth.

   Admittedly, I’ve only been on Wildcard for less than a day but I’ve already found it more international in scope. It also has more interesting editorial items. It is still US-developed—east coast this time, instead of west coast—but it supplements its own news with what’s in your Twitter feed. It’s not as Twitter-heavy as Nuzzel, which I found too limited, but seems to give me a mixture of its own curation with those of my contacts. The user interface is nice, too.
   I’m not writing off Inside altogether—if you’re after a US-based, US-centric news app, then it’s probably excellent, although I will leave that decision to its target market. I can hardly judge when dildos matter more to its users than the greatest cricket batsman in our country.
   For me, Wildcard seems to be better balanced, it doesn’t make promises about public curation that it can’t keep, and I’ve already found myself spending far more time browsing its pieces than the relatively small amount that seem to remain on Inside. It is still a bit US-biased in these first 24 hours, probably because it hasn’t taken that much from my Twitter contacts yet. There seems to be more news on it and I’m getting a far better read, even of the US-relevant items. I’m looking forward to using it more: it just seems that much more 21st-century.

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Posted in business, China, culture, globalization, Hong Kong, interests, internet, media, New Zealand, politics, publishing, Sweden, technology, UK, USA | 1 Comment »


RIP Martin Crowe

03.03.2016

Martin Crowe was not only our greatest batsman, but a gentleman and all-round decent bloke. I remember him as a honourable, nice guy, and soulmate to Lorraine, and it was a privilege to spend time with them both back in 2013. Back then, we had thought the worst was behind him; I am deeply sorry to learn that that was not the case. RIP Martin, your legend will live on.

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Posted in culture, leadership, New Zealand, Wellington | 1 Comment »