O’Conall Street

Have been trying to get my head around the implications of yersterday’s court ruling in the States against Google, the owners of YouTube. TechCruch has an incisive and interesting and challenging perspective on the judgment which is reproduced below.

 The ongoing Google/YouTube-Viacom litigation has now officially spilled over to users with a court order requiring Google to turn over massive amounts of user data to Viacom. If the data is actually released, the consequences could be far more serious than the 2006 AOL Search debacle.

Louis L. Stanton, the senior judge on the United States District Court for the Southern District of New York, issued the opinion and order.

That data includes every YouTube username, the associated IP address and the videos that user has watched on YouTube. Google will also be required to hand over copies of every video removed from Youtube for any reason (DMCA notices or user-initiated deletions). Stanton dismissed Google’s argument that the order will violate user privacy, saying such privacy concerns are merely “speculative.”

Meanwhile, the judge denied Viacom’s request that Google turn over YouTube’s source code as it could “cause catastrophic competitive harm to Google by sharing them with others who might create their own programs without making the same investment.”

I can understand why Judge Stanton, who graduated from law school in 1955, may be completely and utterly clueless when it comes to online video services. But perhaps one of his bright young clerks or interns could have told him that (1) handing over user names and a list of videos they’ve watched to a highly litigious copyright holder is extremely likely to result in lawsuits against those users that have watched copyrighted content on YouTube, and (2) YouTube’s source code is about as valuable as the hard drive it would be delivered on, since the core Flash technology is owned by Adobe and there are countless YouTube clones out there, most of which offer higher quality video.

YouTube’s core value is in it’s network effect - the library of content along with its massive user base.

The privacy fallout of this ruling is spectacular. The EFF has already chimed in, noting that the order is highly likely to be in violation of federal law.

Judge Stanton doesn’t seem to care much about that law, for now. And he clearly doesn’t understand that far more data is being transferred than is necessary to comply with Viacom’s core stated concern, which is to understand the popularity of copyright infringing v. non-infringing material. Viacom has asked for far more data than that, and there’s only one use for that data: to sue individual users (or shake them down via the threat of lawsuit, which has been perfected by the RIAA) who have watched a few music videos or television shows on YouTube.

I say this with the utmost respect, but Judge Stanton is a moron. And Google simply cannot hand this data over without facing a class action lawsuit of staggering proportions.

Belfast’s latest brand was launched yesterday and the local papers today are full of a pretty girl with pretty a ’B’ to illustrate the event.

I was involved in the reference group which was consulted on the development of the new brand and am happy with the results but like all brands the logo is simply the tip of the iceberg. What matters is the proposition on which it is build, whether it fits the product - in this case Belfast city, and whether it is capable of being understood and adopted by the target audiences. City Brands are difficult to get right because they have to appeal to visitors and residents alike. The biggest risk is local rejection fueled by cynicism and a popular view that it is all about a logo which cost too much.

As a reference group we worked hard and long to develop a brand based on core elements.  These have been formally expressed in the brand guidelines as follows:

Brand essence
This is Belfast’s moment.

Brand proposition
A unique history and a future full of promise have come together to create a city bursting with energy and optimism.

Brand identity
Through application of this new identity, the energy and optimism of the city is brought to life. The logo acts as the heart of Belfast – reflecting the warm and welcoming nature of the city. The capital ‘B’ of the logo puts Belfast on the map. It highlights that this is Belfast’s moment by using the ‘B’ as a call to action, as in ‘be here now’.

What this means to key audiences is what is called the brand experience and so we settled on the following:

For citizens…
The time is right for us to build a thriving, vibrant city. Bringing together our strong sense of identity, our resilience and enterprise, and our renowned warmth and wit, we are seizing this opportunity with both hands. Proud of our heritage, we embrace the future to build an even better Belfast, providing a warm welcome to visitors, an exciting environment for business and a great place to live.

For visitors…
Here, between the mountains and the sea, is a dynamic city with a big personality. Proud of its heritage Belfast is alive with possibilities and open to change – vibrant, energetic and exciting. The people of Belfast provide a welcome which is not just warm, but genuine and generous, inviting anyone and everyone to join in. Belfast provides a vivid and memorable experience with new things to discover every time you visit.

For investors…
Belfast is a vibrant city full of opportunity. A spirit of optimism and a real sense of purpose fills the air, inspiring enterprise, creativity and change. The people of Belfast – witty, lively, welcoming and determined – are proud of the city’s past, positive about its future, and ready and able to seize the opportunities on offer. Now is the time, and Belfast is the place, where anything is possible. 

As I said, today’s papers are full of pretty pictures. They get the message across that there is a new brand in town but do not in any way explain the proposition or bring the brand to life in a meaningful way. The City Council faces a significant challenge to ensure buy in from key stakeholders and the business community although in their defence the work on this is already underway. The bigger and more daunting task is to secure public acceptance and adoption. That will take a lot more then a photo and a short press release.

The opportunities to use digital and social media to bring the new brand to life are immense I will be watching with interest to see if City Hall adopt them.

The Irish Times  today goes free to view on the World Wide Web and not a day too soon. I posted previously about the irony that a decade ago the Guardian website and Ireland.com competed for roughly the same market share. That all changed with GuardianUnlimited went free stealing the march on the other major independently owned, progressive broadsheets in Britain and Ireland.

I have no doubt the Irish Times online readership will increase and increase exponentially from today and that Ireland’s share of voice in the digital and social media space will also increase as Irishtimes.com stories become available to share. To get the ball rolling on O’Conall Street, there is a story today about the IDA warning the southern government of the potential threat to foreign direct investment from the North which is well worth a read.

One of the first significant opportunities for the Irish Times to increase its profile in global terms will come when the government takes the inevitable decision to rerun the Lisbon Treaty referendum.

Meantime and much closer to home the ‘big four’ political parties north of the border are now turning their attention to the selection of candidates for the European elections next June. I can see no reason why Bairbre de Bruin will not be on the Sinn Fein ticket and Jim Nicholson should be safe as the UUP standard bearer. As for the DUP and the SDLP, things are still very much in the air.

The SDLP is under real pressure of identify a candidate capable of a credible run. The party may also want to take the  opportunity to test possible future more permanent arrangements with other partes on this island. The nomination process was reopened last month and members have until the end of August to nominate with a selection convention / special conference rescheduled September 20th in Belfast. It will be interesting to follow the debate over the summer. Will the only pro Europe party in the North opt for a seasoned stalwart or is their an outsider waiting in the wings? Either way the succesful nominee will face a long uphill marathon run to put him or herslf in the final shakeup.

Peter Robinson will not be looking forward to this particular election. Jim Allister will vigoroulsy defend his seat from the dissident DUP corner. There has been some talk that Edwin Poots might be the DUP nominee. On the other hand a William McCrea, Lord Morrow or even Ian Paisley Junior could make formidable challengers for the Belfast barrister.

With a more fragmented unionist field then ever before and Sinn Fein on the back foot on issues like education this may be the most open European Parliament Election since 1979.  

Am speaking at a conference on lobbying in Europe today and have been researching the reaction to the Lisbon Referendum and how that might impact on the nation’s influence in Europe. 

Scanning the news coverage and commentary from across the EU things are not good for Ireland. With the sole exception of the notoriously eurosceptic Czech president, the other 25 premiers left Brian Cowen in no doubt as to how determined they were to progress with ratification.

The no campaign are on a roll. Republican blogs are proclaiming the nation’s blow to European imperialism and making no bones about the fact that their ultimate goal is to hold back the tide of European integration by painting the EU as some monstrous superstate not a collection of sovereign ones. It’s all a bit ironic given the potential to use the EU to push a united Ireland agenda.

Couple of pieces on You Tube sum it all up. First the Apre Match boys then a video from someone on the no side with their take on things.

Just back from a really stimulating day debating the future of earth science at an event hosted by the Royal Irish Academy, the Geological Survey of Northern Ireland and the Geological Survey of Ireland.

The most senior earth scientists on these islands as well as the profession’s European leaders identified the emerging skills shortage as an immediate priority for the sector over the next decade and spent some time discussing ways in which to bring a new generation of geologists forward.

Manuel Rugueiro, the President of the European Federation of Geologists, wrapped up his talk on that theme with a Youtube video which is worth a look at.

The news agenda across Europe features prominently today’s referendum on the Lisbon Treaty. Less then 1% of the electorate of the European Union have been handed a veto on this important agreement and latest polls suggest it could go either way. O’Conall Street makes no apology for saying yes to Lisbon. We are happy to stand alongside the main political parties in the state, the social partners and the vast majority of stakeholders in Irish society. Not to mention the governments of every other member state in the EU.

The rules of Irish referenda give each side of the argument equal billing even if one side has little or no mandate. Many may want to reflect on whether it is right to give people who believe Lisbon will lead to the micro-chipping of babies free airtime on important issues of national concern.  

On another matter all together. The Irish News this morning brings us news of Obama’s latest online endorsement. Apparently there is none as Irish as Barack Obama!

There has not been a post on Slugger O’Toole, Ireland’s top political blog since yesterday (Sunday) at 6.24pm which is most unusual. I am presuming this is a technical glitch but have not had this confirmed.  Everyone on O’Conall Street hopes this influential and informative site is back in business soon.

What a day to go down boys.

The two major parties are now playing tag for the negative headlines. No sooner has the SF’s march to London dropped off the headlines that Iris Robinson guarantees the DUP a whole weekend full of negative publicity. This has not been helped by uncertainty about the DUP’s approach to discussions with the government on how they might vote on the extension of detention without trial for terror suspects to 42 days. Surely nobody in the the main unionist party or the British government is seriously considering a side deal on this issue.

Staying with the DUP it will be a good week for one or two MLAs when they find themselves promoted into government. For what it is worth the word on O’Conall Street is that following Nigel Dodds promotion to Finance, Arlene Foster will move to DETI and Gregory Campbell will enter the executive possibly in DCAL after Edwin Poots sacking.

Question is who gets environment?

Mr Robinson has a couple of options here. He could promote Jeffrey Donaldson, creating a vacancy in OFMDFM for the up and coming Simon Hamilton who is close to the new leader and his dear lady wife. Dark horse could be Michelle McIlveen who has impressed and would provide a much needed gender balance to the ministerial team or Sammy Wilson who would bring experience and a certain edge,  although the party is unlikely to want to let Caitriona Ruane off the hook that easily and will opt to keep him marking her closely as Chairperson of the Education Committee.

As for Ian Paisley Jnr I think it’s another stretch on the back benches.

 Of course I am probably totally wrong but a little speculation never hurt anyone.

When is an abomination not an abomination?

Well according to DUP First Lady, Iris Robinson, the bible says gay people are an abomination and that presents a moral question in her mind but does not nessesarily mean they are an abomination (or at least that is what I think she means). Actually after listening back to today’s Nolan show I now know she definitely believes gay people are an abomination and that she feels very, very strongly about that.

I would not be splitting hairs on this issue except homophobic violence is on the up in Ireland and today we all woke up to a particularly disturbing story on the issue from Derry.

Political leaders north and south can be very ambiguous on issues of sexual equality. Across the divide and the border faith is used to hide prejudice and vagueness is given space. The tragedy of this situation is that young men in the estates take cover from the double speak and perpetuate terrible acts of violence and intimidation on ethic minorities, homosexuals, migrants workers or someone of a different religion. And in their minds they are just doing what the majority are thinking.  

As we settle into a period of sustained political stability until the next Assembly election in 2011 and general election in the south their is much politicians could do to ensure their words are fuel for social progress and that prejudice in any form is excluded from political discourse although filling the policy vacuum is where the real job lies.

A non prejudice pledge in the Assembly and the Oireachtas would be a good start. This is one issue which could also truly be tackled on an all island basis.

Sinn Fein are doing the right thing by averting a crisis and supporting the First and Deputy First Ministers’ election today at Stormont.

That said it has been a bad week for Sinn Fein and particularly for party president, Gerry Adams, not made any better by his interview on Good Morning Ulster this morning. SF used the media to fly a kite and found that whilst there was enough wind to get it up in the air nobody was interested in hanging onto it when things got gusty.

There can be no doubting as I wrote earlier in the week that there are some legitimate issues with the DUP but raising these at the last minute and taking off to No 10 just gave their opponents in the DUP, the UUP and particularly the SDLP space to point out that these were matters they should have settled over a year ago at St Andrews or on a day to day basis around the executive table. 

The whole thing is pretty good case study in poor political communications.

Whoever was behind this escalation did not consider how civic society, so supportive of the party in recent years, might react. Fact is a year into devolved government nobody wants to see an Irish politician heading off to a British Prime-minister for assurances or comfort. The job of work is back here at home and the challenges are the bread and butter issues which require urgent and detailed attention of the Executive and Assembly.

Managing your communications in the hot bed of international negotiations (which SF excelled at) is something quite different to managing them in day to day power sharing government.