July 5, 2009

Providers not eager to (multi)play

Filed under: Online by Branko Collin @ 1:38 pm

Four years ago I wrote a piece for the Teleread blog called “Consumers won’t (multi)play.” It told about how telecom providers had lined up all these great packages that combined television, internet access, and telephony. No more hassle with double or triple contracts and bills, just one easy, clean, simple package from a single provider. And the consumer wouldn’t have it, for reasons that remained unclear.

Well, it appears that consumers have finally started to make the move towards a single bill, and I have been caught up in the drift. My internet access provider of many years sent me a rather threatening letter, telling me to get with the program or else… The situation there has been rather more convoluted than elsewhere. My provider offered ADSL before the phone company did (former monopolist KPN), and as a result its customers had to have a contract both with the internet provider, and the phone company (which provided the physical lines).

Later the provider somehow acquired the possibility to offer ADSL without forcing the customer to tango with KPN (I don’t know why, I presume this has to do with some sort of liberalisation of the phone lines), and now it understandably wants to move all its customers that couldn’t be arsed to go the single bill route. So this is the sugar with which they are trying to coax us: “If you don’t move, we’ll raise the price of your subscription.” Naturally, I have been checking out the competition.

Oddly enough, the competition doesn’t seem to be too eager to take me on as a new customer.

UPC offers a handy looking tool to select your package with a great promise: they’ll pay for the cheapest of the three services. But you don’t even have to click around to realize that it’s pretty much the price of the internet service you choose that determines the final cost. Still, you have to choose all the premium deluxe services with all the bells and whistles and free champagne and hookers for a year to get at a price that’s substantially higher than what you would pay at the competition. Wait, there’s some dirt on the screen. Hm, I cannot get it off. Would it be …? Yes, it’s the tiny print that informs of all the extra costs that add 50% to your bills for many moons to come.

All this dancing around the do to hide the true costs.

KPN, that good old phone company, also offers triple play, and they also dance around. They’ve got a couple of special offers lined up right now that make their Basic and Premium package look much better than their Lite package. Well, for the first three months that is. Again, what’s with the deception? Why not give everybody the premium service for three months, and the choice to switch back for free after that?

Telegraaf reports (Dutch) that a change in the Telecommunications law last Wednesday no longer allows contracts to be silently renewed without the customer’s explicit consent, and predicts this change is going to cause a price war in the telecom world. Price comparison whizz-kid Ben Woldring tells the paper consumers can save hundreds of euros a year. So far, I have not noticed any participant who seems to take this war seriously.


Illustration: UPC’s two-out-of-three picker always yields pretty much the same price depending on the internet component you choose.


Illustration: If KPN’s premium packages are cheaper than their Lite package, why do they offer the latter at all?

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June 23, 2009

Man dies during Dutch ‘RIAA’ raid

Filed under: General by Branko Collin @ 9:11 am

Anti-‘piracy’ bureau BREIN, the Dutch equivalent of the infamous RIAA, scored its first kill last Saturday. Literally, I am afraid. During a raid on a market in Beverwijk, a 47-year-old man from Waalwijk accosted by the raiders died of a heart attack, reports Blik op Nieuws (Dutch). The police were presumably testing that the requisite taxes on empty CDs and DVDs had been paid, and were accompanied by a posse consisting of people from the FIOD (tax police) and the Thuiskopie and BREIN foundations.

Interestingly, the story of the police and of witnesses differ substantially, writes Noordhollands Dagblad (Dutch). According to the former, the man had a heart attack after running away from the merry band of official and self-appointed copyright hunters, after which the police tried to administer first aid. Witnesses however claim that the man did not run away, and that everybody just stood there, without helping the victim.

You have to wonder why private organizations like BREIN are even allowed to accompany the police on raids like this.

(Photo by Flickr user Sheep Purple, some rights reserved.)

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May 30, 2009

Supply the poor government with some much needed transparency

Filed under: General,Online by Branko Collin @ 7:15 pm

Brenno de Winter needs your money to force the government to become transparent. On June 11, he will organize a benefit in Amsterdam of which the proceeds will go to this war chest.

During his recent attempts to figure out how many local governments are using so-called Free and Open Software, several of these governments have been actively conspiring to thwart De Winter’s efforts. They ‘forgot’ to send some of the required documents, billed him for their time, and 22 municipalities and three provinces outright refused him the documents they are obliged to send, forcing him to start a separate law suit against each one of them.

De Winter expects costs to run up to EUR 7,000, an amount he is unable to cough up himself. If you can spare some cash, you can send some his way to bank account 4241287 c/o Stichting Vrijschrift in Workum. You can also visit the benefit event at the Pick-up Club at the NDSM wharf in Amsterdam, which starts at 5:30 pm on Thursday, June 11, and which features an introduction to WOBing by De Winter, and a debate about transparency between journalists, hackers and civil servants.

I am an adviser to the Stichting Vrijschrift (Scriptum Libre in English) and can tell you they are legit. Their only weakness is their unwillingness to toot their own horn, so let me list some of their feats:

  • Instrumental in defeating software patents in the EU
  • Acquired financing for GPS devices for the Dutch chapter of Open Street Map
  • Working to convince the government of the benefits of open educational materials, such as text books that any teacher can edit and improve.

(More info at Iusmentis (Dutch). About the picture, is it normal that spray bottles like this one have an extra grip for a sixth finger?)

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Optimize websites, lose lawsuits

Filed under: Automobiles,Online by Branko Collin @ 12:18 am

Remember that story about the website that lost a lawsuit due to how Google summarized its contents in search results? Well, the judge’s opinion came in yesterday, and it gets even crazier.

What went on before? Miljoenhuizen.nl had a web page on which the words “Zwartepoorte” and “failliet” (bankrupt) appeared together, although totally unrelated. According to Zwartepoorte the Google summary of that page caused people to conclude that the company had gone bankrupt, and so it asked Miljoenhuizen.nl to change the webpage to undo that impression. The latter refused and the former sued.

Miljoenhuizen.nl’s owner had—let me quote the court—“organized his website in such a manner that it scored “high” in Google, [so] the defendant has a responsibility in this matter.” In other words because the defendant ranked high in the search engine, he lost the case. He probably never helped himself by telling the judge how easy and trivial it is to change the page in a way that Google would no longer produce the damaging text.

Some good news for Miljoenhuizen.nl though is that it managed to net Solv (Dutch), the respectable internet law firm of amongst others Christiaan Alberdingk Thijm—he who once convinced a court that Kazaa was legal, although by then the filesharing company had fled to Australia only to be convicted there, perhaps because lesser legal minds roam the steppe of Southland.

(Full verdict here (Dutch, PDF). Link: Iusmentis. Joris van Hoboken, expert on the confluence of law and search engines, has an opinion in English.)

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May 17, 2009

Site convicted for Google’s automatic abstracts

Filed under: Automobiles,Online by Orangemaster @ 1:44 pm

If the case of car dealer Zwartepoort against website Miljoenhuizen.nl has been in the news before, it can only have been as the sort of easily mocked example of how some folks start lawsuits over really anything and everything, no matter how trivial and unwinnable their cases are. But now Zwartepoorte have gone and won theirs. When you searched Google for the company name, you would get amongst others a result from Miljoenhuizen.nl seemingly explaining the car dealer had gone bankrupt. You know the type:

Full name: Zwartepoorte. Specialty: BMW … This company has gone bankrupt.

These abstracts are machine generated. Google takes disparate phrases from a website and combines them into an abstract. Miljoenhuizen.nl obviously feels that the wrong people have been sued. Miljoenhuizen.nl told De Telegraaf (Dutch): “If the search result were to imply or insinuate that Zwartepoorte has gone bust, it would be Google’s responsibility, not ours.” I would take that a step further and say that nobody should have been sued in the first place.

It will be interesting to see what reasoning judge Sj. A. Rullman will come up with to explain her judgment. Meanwhile, I am waiting with trepidation to be sued by BMW car dealers, as I have my own story of the power of Google to tell. The last few weeks of December I got a constant stream of phone calls from people wishing to buy a nice shiny Beamer. My initials are B.M.W., and as it turns out I used to be the first link people would find when they googled for “BMW Amsterdam,” displayed prominently as part of Google Business with a map and a phone number. It got so bad that I stopped answering the phone, and started the message on my machine with the statement that “I am not a BMW dealer.” I must has cost some poor sod a lot of lost business that way.

Update: fixed type “Miljoenenhuizen.nl” to “Miljoenhuizen.nl.” Thanks, Nico.

Link: Iusmentis (Dutch). Photo by Gyver Chang, some rights reserved.

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April 26, 2009

Five ways to lose your employees during a crisis

Filed under: General by Branko Collin @ 10:46 am

If you want to fire staff you have to go through the courts, a costly process, and a judge may deny your request altogether. Z24 has compiled a list of 5 ways (Dutch) that modern, mid-sized to large companies use to ditch their workers.

The idea behind the list is that in this time of crisis, the courts will at least grant you a permit for some dismissals. The courts will have to follow certain methods to compile this list, which basically comes down to maintaining a certain diversity of age within all levels of the company. Employers that want to keep only the eager-beaver young workers, or the workers that contribute the most, may feel compelled to game the system in order to trim the fat.

Z24’s list:

  1. Promote favourite employees to other functions
  2. Create a new department, discontinue the old, and let the workers of the latter apply for jobs in the former
  3. Have a few, quick evaluation rounds; trump up charges of bad functioning in the first, conclude that the worker isn’t willing to improve in the second
  4. Give certain employees only boring tasks, and hope they’ll leave by themselves
  5. Promote creeps to become the bosses of the ones you want to get rid of; again hope the latter will leave by themselves

Another method that used to be popular was to rely on the lack of familiarity most employees have with the law by simply stating to an employee that they were fired. This happened to my mother once in the 1960s: her boss told her she was fired, and that she had to pack her stuff and leave. When it came to a court case, the boss denied ever having said anything of that nature, and since there were no witnesses of the dismissal, but plenty to the ensuing ‘dereliction of duty,’ the court could do little else than to allow the company to fire my mother.

I don’t know why this latter method isn’t more popular, although I’d venture to guess it’s because it might backfire so easily. You can fool the first employee, but not the next few hundred, which makes it a method larger companies would be unlikely to use.

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April 23, 2009

Family sues dictionary maker over inclusion of name

Filed under: General by Branko Collin @ 8:36 am

The Tokkie family is suing dictionary makers Van Dale—the Dutch Duden / Larousse / Webster / what-have-you—for 50,000 euro over the inclusion of their family name with the definition “anti-social behaviour.” The Tokkies are also suing weekly Revu according to Telegraaf (Dutch), although the newspaper doesn’t quite explain why.

The Tokkies gained national fame notoriety in 2003 when they had a friendly chat with their neighbours set their neighbours’ house on fire. This drew the attention of the IKON broadcaster who followed the family around for a documentary series (Dutch). Turns out that the few families that occupy that particular part of the Slotermeer neighbourhood in Amsterdam have been living in a state of war for twenty years.

The documentary drew the attention of the country, and while a court evicted the Tokkie clan for anti-social behaviour, the family capitalized on their newly gained fame by making a Christmas song, a carnival song and hiring themselves out as famous Dutch persons. But their fame dried up, and when earlier this month the city of Rotterdam introduced a behavioural test for anti-social tenants that it dubbed the Tokkie-toets (NRC, Dutch), the family declared it had enough of its bad image, and sued the dictionary makers.

See also: definition of Tokkie at Dutchnews.nl.

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March 26, 2009

Dutch municipalities reticent to comply with freedom of information act

Filed under: General by Branko Collin @ 11:34 am

Several municipalities have not only refused to comply with a WOB request (Dutch freedom of information act), but are actively discussing with each other how to frustrate the process. Webwereld reports this (Dutch) where Brenno de Winter is trying to find find out in how far municipalities are using Free and Open Source software.

On a closed mailing list, the municipality of Boekel (Noord Brabant) pointed out that not only would these WOB requests generate a lot of work, but also have “far reaching consequences,” whatever they may be. Boxtel and Schijndel, also from Noord Brabant, apparently replied that they too have received “nonsensical questions.” One of the suggestions was to hire an IT savvy lawyer. The name of Arnoud Engelfriet, formerly of Eindhoven, Noord Brabant, was dropped, who told Webwereld that he has no interest taking a job that “endangers a citizen’s right to freedom of information.”

In the meantime, De Winter has been replying in Webwereld’s comment section, and he seems to be suggesting that most municipalities that have responded, have done so in a positive manner: “[…] several municipalities have answered already. […] My phone is ringing all the time, and every time we manage to get to get a positive outcome.”

A 2008 informal study by journalist Jeroen Trommelen (Dutch) revealed that of 51 WOB requests sent to several ministries, only one came from an actual journalist.

Disclaimer: according to Webwereld De Winter’s WOB requests were made on behalf of him and the Vrijschrift foundation. I am an advisor to the latter.

Photo by Mark Crossfield, some rights reserved.

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March 21, 2009

Bailliff to leave PC, TV behind

Filed under: General,Technology by Branko Collin @ 12:22 pm

The trade association of deurwaarders (bailiffs, court appointed debt collectors) has decided that its members should leave PCs, TVs and refrigerators untouched from now on when collecting debts because they are considered basic needs. The association, KBvG, which represents all 900 bailiffs in the Netherlands, has a list according to Algemeen Dagblad (Dutch) of basic necessities that a bailiff should not repossess, but the list stems from the nineteenth century and only contains items such as beds, books and food.

KBvG chairman John Wisseborn pointed out that people need a PC nowadays to apply for jobs and fill out tax forms.

Sociaal Raadslieden (municipal advisers) is happy about the change. According to them bailiffs can use their own discretion on what to take and what to leave behind, and have apparently figured out that just the threat of taking the PC can be a powerful means of putting pressure on the debtor.

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March 13, 2009

Companies to pay for employees’ (already paid for) music

Filed under: Gadgets,Music by Branko Collin @ 10:56 pm

Judge J.H. Huijzer has ordered in what must be one of the silliest court findings of recent times that companies whose employees bring iPods to work, must pay copyright collectives for the music.

In practice that means you’re going to pay several times for the music you listen to. Imagine you’re listening to the radio on your Digital Audio Player. First, the radio station had to pay for buying the medium. Then they have to pay for broadcasting the song. If they burn a back-up to CD, they have to pay for that too. If you bought your DAP in Germany you paid a copyright fee on the hard disk, and now when you listen to the radio at work your boss has to cough up some extra cash.

I wonder why people download their music so often instead of buying the CD. Hm…

The court’s very tortuous reasoning goes like this (Dutch):

4.3. The judge finds that the mere fact that employees are allowed to listen to music during working hours, even on an iPod or mobile phone, means that Suplacon [the defendant – Branko] has an interest in its employees listening to music. After all, happy employees work harder. This means that publication of music as defined in article 12 of the Auteurswet has taken place.

(The Dutch copyright law, Auteurswet, distinguishes between publication and copying, both acts forbidden by the law unless you have the author’s permission or unless you cross the palm of copyright collectives with some silver.)

BUMA, the rights organisation that brought the case, says (Dutch): don’t cry, the judge did not mean it like that, and we’re not going to collect money from companies where employees listen to their iPods. If the judge didn’t mean it like that, then why did he say it like that?

I imagine the next Eddy Murphy movie to be called The Nutty Judge, based on true events. Eddy, let your people call my people, I can have this peach of a script ready in no-time. All I ask is that you pay me upfront, and then when the movie is shown in theaters, and then when it is brought out on DVD, and then just because I feel like it, and then when it’s a Monday, and then when I see three pigeons in a day, and so on and on and on and on.

Via Iusmentis (Dutch) and others. Photo: Universal.

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