The Ugly Incident with MediaDefender and Further Implications

Friday, May 30th, 2008

Revision3 Denial of Service attack by MediaDefender brings Questions of Legitimacy and Accountability 

MediaDefender is becoming more of a mediaoffender. It is interesting that a company linked to the RIAA and MPAA would be behind one of the most vicious attacks on one of the most promising new media enterprises. Media Defender has previously reported problems with money flow.

This brings into question the legitimacy of MediaDefender as an incorporated entity. Is MediaDefender merely a taxicab incorporation for the old media business?

What is a taxicab incorporation? Back in the early days of cab drivers in New York City (1918-1929) a company called Checkered Cabs dominated the landscape. By around 1929 competition, manufacturing, and risk liability incentives increased the drivers to as many as 30,000 among many different companies and killed Cherkered Cab’s dominance. The liability aspect is the most critical aspect to consider. The larger cab companies discovered that if they incorporated each individual cab car as an incorporated entity, liability to the larger corporation was reduced because seizure of assets would entitle a victim to only the property of the individual driver and the specified cab. In 1937 Mayor Fiorello H. La Guardia signed the Haas Act, which introduced official taxi licenses and the medallion system that remains in place today. This act eliminated the taxicab incorporation tactics and increased accountability for cab companies to take proper care of their vehicles.

Similarly taxicab incorporations are used today in different industries. The MPAA and RIAA are shielded cab corporations for media companies like Sony, Time-Warner, and Viacom. However, the old media companies are taking it a step further by possibly adopting a failing company like MediaDefender to create new and vicious attacks on thriving new media companies. MediaDefender shields the RIAA and MPAA, who have assets with an incorporated entity without assets. The RIAA and MPAA lose nothing by empowering a “rogue” upstart company like MediaDefender to take vicious actions against their competitors.

Revision3 Chief Executive Jim Louderback is much more upset than he appears in this video from CNET.

 

What Louderback realizes is that MediaDefender has no assets to win in a lawsuit and probably would not be able to pay for the costs of his company’s downtime. If a suit is filed MediaDefender will simply declare bankruptcy and the RIAA and MPAA will move on to their next cab company to sponsor. Revision3 would win nothing and only lose in paying for their own legal costs.

What the media companies should recognize is that cab companies can work the other direction as well. It is only a matter of time before every home ISP subscriber incorporates their own cab company to pay their bills. Then if the someone should sue…the media company can end up owning a shell company with no assets…If you are going to go to war it is only a matter of time before the enemy escalate’s their tactics to match your own. The MPAA and RIAA is truly headed down a very ugly path. This could lead to an all out media war. Look for companies like Piratebay, Revision3 and even individual consumers to strike back in a way that at least equals the viciousness of these actions. It will get ugly… 

No Controls over Audit of New Century

Thursday, March 27th, 2008

Regulatory Control is Critical for Integrity of the Markets- Bad KPMG…Get the Newspaper…

It is amazing after the Enron debacle and multiple other examples which KPMG probably sees on a first-hand daily basis, that a senior partner of KPMG would assist in causing the first waves of the mortgage meltdown. This is a clear example why independence from the auditee is essential for for an effective audit. This is clearly a violation of investor trust and shady back-room executive decisions. It is sad that even the major oversight bodies cannot be trusted to ensure the validity of yearly statements. Unlike Arthur Andersen, KPMG will probably survive this misconduct. However their actions are even more vile than the actions from New Century. KPMG was expected and was relied upon by the public trust to find misstatements and cheating. The fact that they were a willing participant when the basis of their duty was to protect the public interest is equal to Arthur Andersen and should be regarded similarly.

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You no longer need to Ask Jeeves how Google Yahoos Securely

Friday, March 21st, 2008

How IT security is managed at Google

The Wall Street Journal is examining how the Google IT structure keeps up with some of the most savvy technology users on the planet.
Google is not total freedom, but allows choice and options
First Day of Spring
Security is the responsibility of each of their highly trained employees. There does not exist an single end-to-end lock-down security model. The Google security team believes that end-to-end security grants a false sense of security. Security must be performed at each human level worker rather than through restrictive structures. Restrictive structures are not immune to social engineering and tend to be used by management to replace sensible training and expertise. Google demonstrates an open model to security which may not be perfect, but it will be interesting to see how this structure evolves in the long term.

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