Deep Backward Point

This is a developing story (FAQ, Feedback), and continues to be updated as new information is available. If you have received the legal notice below, I would love to talk with you about it. (email, Twitter, Facebook or the comments below) 

A large number of people are showing up on this blog searching for “willow tv” and “legal notices” and “offer of settlement”. Anyone know what’s up?

UPDATE:

Ok, here’s the deal. Popular cricket streaming service, Willow TV, is sending out legal notices (below) to (alleged) subscribers of (allegedly) illegal streams. The person is given a choice of either facing legal consequences or subscribing to Willow TV for $14.99 per month or paying $200/pirated-match.

UPDATE #2:

I am not a lawyer. I don’t play one on TV.

1. Is this legitimate?
   Yes, it is. I’ve had a brief conversation with the Willow CEO on Twitter, instigated by David Mutton (full conversation).
2. Is there precedent?
   Again, I’m not a lawyer. But this is similar to what the RIAA pulled off against people who (allegedly) downloaded pirated music. The Electronic Frontier Foundation has a comprehensive history of how that played out. The settlement proposed here by Willow is significantly cheaper than the RIAA shenanigans. If you have questions about this sort of thing, EFF may be a good place to start. Ultimate Fighting Championship (UFC) faced a similar problem to Willow TV, and sued streaming service providers.
3. But this is different, right?
   Yes, this is different in many significant ways. The RIAA sent letters to people who distributed pirated music. Also, unlike UFC, Willow TV is going after people who are streaming video, not those serving it. Willow TV is explicitly giving fans a chance to become customers, or face legal action. The other difference is the offer of amnesty.
   Finally, while there is legal precedent regarding downloading pirated content, there doesn’t seem to be as much about streaming. Technically, there is a difference between the more ephemeral streaming user and the permanence of a download.
4. How did Willow TV get email addresses?
   The Willow TV CEO, Mr. Srinivasan, has stated on Twitter that the information was obtained through subpoenas on service providers. Last year, Willow had sued a large number of defendants for illegal streaming of cricket in the United States. Mr. Srinivasan spoke with GigaOm last year about the piracy problem, and how his company is tackling it.

A few more points. As the Willow CEO, Mr. Srinivasan, pointed out on Twitter, I don’t think there’s much precedent regarding offering amnesty by turning pirates in to customers. It’s novel, and if both parties agree that a stream was pirated, I actually like that solution.

But that’s the problem– this approach starts with an assumption of guilt. If you receive this email, you have no recourse but to pay Willow or hire a lawyer. The cheaper option is an admission of guilt. Which means that even for the innocent, the better option may be to pay Willow. The reality of the legal system is that the party with deeper pockets wins by default, regardless of legal merit or actual guilt.

Which is why some on Twitter and in the comments below are using the words “extortion” and “blackmail” to describe this tactic. I’ve defended Willow from that language so far, but if more people (like in the comments on this post) claim to be innocent cricket fans caught in the cross-fire, this could get ugly.

UPDATE #3:

Also, here are a few recurring themes in the comments I’ve received from affected individuals on Twitter, in email and in the comments below:

• Willow’s email looks illegitimate, partly because there is no postal address or phone number which seems like a reasonable thing to expect in a legal notice.
• There is no legal guarantee of amnesty if an individual chooses to pay to become a customer. In fact, some worry that it could constitute an admission of guilt.
• The email does not state which illegal services the individual subscribed to. In fact, there is no specific information about the violation, so the email looks more like extortion than an actual legal notice.
• Some pirated streaming service represented themselves as the copyright holder. Users of that service had no idea that Willow held the rights to the broadcast.
• Some individuals claim hat the pirated stream didn’t even work, so there is no instance of an actual violation.
• Some individuals are not in the United States, and may not be in violation of the law cited in the email.

Many readers have posted their experiences in the comments below. Thank you, and keep your responses coming either by email, twitter or the comments below.

UPDATE #4:
Here is a frequently asked questions document I am putting together. Please let me know if you have additional questions for that page– either questions for me, or to pose to Willow. Thanks.

UPDATE #5:
Many people have been asking me to act as an intermediary between them and Willow, or help in other ways. So far, I’ve been reporting on this as a news story, providing a single resource for all currently known information and a forum for affected parties to communicate. I have also gotten in touch with the Willow TV CEO over Twitter, and asked him or his lawyer to look at feedback in the comments. Beyond this, there is little I can do, especially since this is a legal matter in which I am neither a lawyer, nor an affected party.

UPDATE #6:
Willow TV CEO Mr. Srinivasan just sent me the link to an FAQ that they have put up on their site that addresses many questions people had in the comments below.

∞

Here is the text of the notice:
Read the rest of this entry »

India is 2-0 down against Australia, and the Indian punditry has suggested every possible cut and change except for the blasphemous.

Sharma for Kolhi. Sharma for VVS. Ojha for Ashwin. Ashwin to open. Drop Dravid. Drop Sehwag. Drop Sehwag down the order. And so on.

So many unfortunate conundrums.

Replacing Ashwin makes sense for the bowling attack, but makes the tail even longer. It’s the unfortunate side-effect of having an underperforming bowler who bats better than your batsmen. Pushing Sehwag down the order might be genius on the order of pushing Tendulkar up the order in ODIs, but then who opens?

The three 38-year old elephants in the room– Dravid, Laxman and Tendulkar– are implicit in every story about the series. In theory, India had a transition plan, but the kids have not lived up to expectations. Kohli is 74 ODIs old, Raina 135, Rohit 72. This has not translated to Test success. But Raina, Kohli, Sharma, Rahane (Pujara, Mukund) are the next generation, with proven class in the shorter form and first class. They just haven’t translated it to the longer and overseas games. This doesn’t mean India didn’t have a plan. It means the plan hasn’t worked. Yet.

The punditry calls for long-term thinking over short-term fixes. Screw long-term sense. There’s a time to build, but it’s not half-way through an overseas tour against a resurgent Australia. That’s called throwing in the towel.

Now is the time to fight with your best men, or go down fighting.

I was going to post most of this in response to Ducking Beamers’ post on (not) Dropping VVS, but figured I’d blog it instead.

I collected all the comics and infographics I’ve built in the 11-ish months the blog has been running for your Friday/weekend pleasure:
Read the rest of this entry »

I collected all the charts I’ve built in the 11-ish months the blog has been running for your Friday/weekend pleasure: Read the rest of this entry »

In March, when this blog was a pretty, young thing, I wrote a short article titled “Pakistan’s Weakest Link”:

Shehzad has a career ODI average of 27.50. Barring his one (exceptional) century, his average is 20.0 for his remaining innings. But he’s young, he’s only played 13 matches. Hafeez, on the other hand, has an average of 22.22 after 68 matches. That is untenable.

Pakistan’s run of opening partnerships over the year until that article was:

26, 8, 12, 6, 82, 7, 31*, 2, 43, 20, 14, 11, 28, 16, 5

Since then, Hafeez has been part of two century , one double century and another three fifty partnerships. Hafeez in 2011 has been a revelation, scoring over 1000 runs at an average of 37. All his career 100s came this year, as did almost half his runs. And that’s before we get to his bowling. 32 wickets at 25 runs a piece this year, including his new role opening the attack. So I take back my words. Hafeez is tenable. Not just tenable, he’s necessary. ∞ And to the inevitable griefer who comes by to say “his runs/wickets came against Bangladesh, Zimbabwe, West Indies”, let me tell you what a math teacher once told me.

See. <grand pause> Silly answers are infinite.

Previously on Deep Backward Point:

• Pakistan’s Weakest Link

Many trolls lurk in the depths of Cricinfo. The environmentalists at Deep Backward Point fear for their health. So I feed them periodically, with blog posts like this one.

Previously: Feeding the Trolls in the Cricinfo Comments: Part I

This time, I found many insightful Cricinfo comments that were too long for the average attention span. So, as a service to the reader, I provide a paraphrased shorter version. Enjoy.

Iyer  writes about Ashwin in the first India v. WI ODI:

“Ashwin cannot be criticized. The asking rate was only 3 an over with another 15 overs to go, and a such a cheeky second run wasn’t required at that situation. Ashwin was playing more maturedly and didn’t see a merit in such risky running between the wickets. Rohit should be criticized for not listening to Ashwin’s NO. Also rohit should be criticized for losing his wicket at the end without ensuring India’s victory. Rohit should also be criticized for taking too many first ball singles and leaving vinay exposed to face the rest of the over. It was a very risky strategy, and luckily vinay didn’t get out. Instead of criticizing all this, the commentators (gavaskar and arun lal) were picking soft target – Ashwin. Gavaskar is also partial bcos rohit plays for bombay.”

Shorter version: I’m from Tamil Nadu.

∞

khiladisher shouts from the rooftops:

“THE WORLD CHAMPIONS INDIA ARE VIRTUALLY UNBEATABLE IN INDIA EVEN WITHOUT GREAT ONE DAY PLAYERS AND FINISHERS LIKE SACHIN-DHONI AND YUVRAJ.THEY HAVE NOW HAD THEIR 10TH CONSECUTIVE WIN AND THE THE ONLY LOSS THEY SUFFERED THIS YEAR WAS AT THE HANDS OF SOUTH AFRICA{A MATCH THEY SHOULD HAVE EASILY WON} WHEN THEY WERE 267-1 IN THE 39TH OVER AND WERE ALLOUT FOR 296-WITH SOUTH AFRICA WINNING WITH 2 BALLS TO SPARE. EVEN AT 59-5 THEY HAD A FUTURE GREAT ROHIT SHARMA AND THE FAST LEARNING ALL ROUND CRICKETER RAVINDRA JADEJA AT CREASE-WITH THE BOWLERS UMESH YADAV AND VARUN AARON PROVIDING THE FINISHING TOUCHES. INDIA SHOULD NOT UNDERESTIMATE THE WINDIES AND SHOULD WORK HARD FOR A SERIES WIN AND IF LUCKY A 5-0 RESULT.”

Shorter version: I have discovered the CAPS LOCK key. I have the power.

∞

ramps_wi riffs:

“Gayle scored a Hundred in Zimbabwe when that should of been in India in today’s match, martin favored over narine, when narine was one of the best bowlers in the champions league. But I guess the selectors ensuring that too much trinis cannot be on the team. And now we left to wonder where we going wrong. Sammy has been proven time and time again, that he cannot win matches. Today’s match could of been won by better captaincy and woth narine bowling”

Shorter version: I can name more than three West Indian players.

∞

piyo_thanda_jiyo_thanda fails to live up to his name:

“I think Pakistan can be happy only by beating minnows. Once they run into better teams, they will be found out. Enjoy it while it lasts (not for too long, i bet)”

Shorter version: I have short term memory loss. Sorry. Wait, who are you?

∞

Stephon Joel Ramlogan says, while rubbing his eyes:

“ok kinda wierd because last time i watch cricket chris G was playin for west indies in world cup ….WHATS GOING ON PEOPLE how he playin in zim ..and not wi”

Shorter version: I have been asleep for 7 months. Literally. Asleep. I woke up, and it seemed really important to me to come to a page about domestic Zimbabwe domestic cricket. And then write this comment. No, I’m not curious why I fell asleep for 7 months. No, it doesn’t seem odd that I have no clue what happened in the interim. You’re saying people don’t comment on web pages about Zim cricket all the time? Who are you? Stop paraphrasing me! Stop! Stop it! *snore*

∞

Ok, that last one wasn’t shorter.

Previously: Feeding the Trolls in the Cricinfo Comments: Part I

A couple of short months ago, the idea of a web site began as a series of conversations across four time zones over Twitter, email and Skype. The idea was for a fan-driven, magazine-style web site for a broad range of opinions. Opinionated, passionate but always fair.

Today, we launched The Sight Screen.

There is a section for Opinions called The Late Cut, where Karachi Khatmal’s article on cricket in Pakistan is a real masterpiece. There is a section called Replay for nostalgia, where Minal and Aashish (co-founders of The Sight Screen) address the lost promise of Sanjay Manjrekar. There’s a Stadiapedia, where we will catalog details about cricket stadiums around the world. And finally there’s the section that I’m proud to have named: Damned Lies and Statistics. It’s empty at the moment, but you’ll see something interesting from me and other authors there very soon.

So look around and let me know what you think. We’re very new, so there are bound to be glitches. Help us whack the bugs.

And finally, if you want to write about cricket, give us a shout. We want great articles from all walks of life. And here are our Editorial Guidelines.

∞

Congratulations to the awesome core team: Aashish, Minal, Dilip, Masuud, Subash and Shrikant.