Wednesday, 25 August 2010
come and join me at the new address, where the content of this blog has been transferred :
This is mostly for my legal thoughts
For Online safety tips, join the techmums blog:
For more fun and sharing my other hubby, cooking, come and share your recipies at:
Hope you'll enjoy.
Would appreciate if you'd share your views and ideas.
SEE YOU SOON
Thursday, 8 April 2010
Nothing worked, unfortunately.
Were we wrong maybe?
We shall ask each of our MPs who disregarded our warnings to explain to us what they know that we don't.
Dear Members of Parliament, do let us know what you know that we don't.
Do let us know what we can do to comply with the regulation.
Do let us know what we can do and what we can't. Can we listen to Spotify ? Can we look at YouTube? What can we 'upload' onto YouTube? Can I post my children's musical play on Facebook? Can I offer you an iPod with music downloaded from iTunes?
How can we secure our home networks? Will the government provide us with secure wireless devices? How can we lock our IP addresses to be sure no one would download infringing material using them on our behalf?
What should we reply when we receive a solicitor's letter threatening us of legal action? Should we pay the £500 or
Do we have any means of proving we did not download any infringing material? We first need the answers to the previous questions for that.
Do we know who will intercept our private communications and how personal data will be stored?
How the Deep Packet Inspection or filtering will operate to catch potential infringers? In other words, how the internet censorship will be organised?
And last but not least, you passed a law, we need to know if this law will ever reach its goal, will the heavy downloader using VPN and encryption be caught on the net?
With my best regards.
http://ow.ly/1vVII -- http://www.theyworkforthebpi.com/ --- http://www.publications.parliament.uk/pa/cm/cmtoday/cmdebate/32.htm#hddr_2
Monday, 29 March 2010
http://purl.org/dc/elements/1.1/" href="http://purl.org/dc/dcmitype/Text" property="dc:title" rel="dc:type">A week of balance or a weak balance? by http://creativecommons.org/ns#" property="cc:attributionName">Tara Taubman - clarinette02 is licensed under a http://creativecommons.org/licenses/by-nd/2.0/uk/
Friday, 19 February 2010
Thursday, 18 February 2010
Here is copy of the chat I had yesterday with iomega customer service. I thought it would be interesting for everyone to get a test of how safe data can be.
Before, I wanted to give you few more detail:
1 - The Iomega Prestige 1Tb was purchased on August 2009 and has not been responding I guess since October-November 2009I
2- The vendor has recognised the disk failure and is happy to replace it but no recovery for to the saved data;
3 - I do understand HD can fail and you should have more than 2 backups, in my case, unfortunately, the two backups failed.
4 - What I do not understand is : why iomega didn't answered earlier, why they never even tried to have a look at the HD and try to repair it AND why can't I at least have a discounted price for recovery as a gesture.
5 - With so many digital documents to backup, just think of all these precious pictures collected for many years - we do need to trust as much as possible backup storages. How did I choose this model, simply from a friend's recommendation. You only know the value of a product and the customer support when something goes wrong. Thanks god, not every iomega products fail. Actually, talking with IT expert friends, It was pointed to me the case of iomega Zip drives:
Looking at the Wikipedia: 'In 2006, PC World rated the Zip drive as the 15th worst technology product of all time'
Further, "Iomega also produced a line of internal and external recordable CD drives under the Zip brand in the late 1990s, called the ZipCD 650... Early models of ZipCD drives were rebadged Philips drives, which were also so unreliable that a class action lawsuit succeeded." - http://en.wikipedia.org/wiki/Iomega_Zip_drive
You can read more about the class action and its settlement here on iomega website:
You will notice - see here: http://personal.riverusers.com/~s/action.htm - that the class action started in 1997 regarding purchases between January 1, 1995 and March 19, 2001 - The original settlement dates March 2001 and the revised version May 2002!!!
That means that between 1995 and 2001, customers suffered from a faulty product while iomega refused to take its responsibilities for a class action to be initiated.
Now, I hope sensitive materials such these hard drives could be appropriately tested before commercializing and receive a ranking of quality from an independent body in order to allow the customer to make a wise decision of purchase.
UPDATE: after opening the Hard Drive a small loose piece was find, Could it be repaired?
I let you read the copy of my chat with iomega.
Claudio: Hi, my name is Claudio. How can I help you?
clarinette: Hi, I have already emailed you - I believe last week - also been contacted by your colleagues on Twitter without success.
clarinette: The external hard drive is dead - after only few months - the vendor is happy to replace it.
clarinette: Of course, as you can imagine this only very partly resolve my issue:
clarinette: 1- I have all my data and backups to recover - HOW?
Claudio: unfortunately we do not provide data recovery directly. You can contact our data recovery partner at http://www.iomegadatarecovery.com or alternatively you could go through a local company who provides this service.
clarinette: 2- how to trust a second Iomega product if it's to loose precious files I've been happy to spend money to protect
Claudio: every electronic device can fail, that does not depend on the brand or the specific model actually
clarinette: ok, I have to move to them now. Shame you didn't answered my previous email.
clarinette: you think then that backing up on iomega devices are by definition 'hasardous' and no recovery to envisage?
Claudio: every hard drive of whatever brand or model can fail suddenly with apparently no reason, that's why we always recommend to have a backup of the data and the reason why we sell backup solutions
clarinette: If I go 'through a local company who provides this service. ' would that be charged on me or iomega?
Claudio: I am sorry; warranty does not cover data loss.
clarinette: ' every hard drive of whatever brand or model can fail suddenly with apparently no reason, that's why we always recommend to have a backup of the data and the reason why we sell backup solutions' and the customer should be the only one to suffer from the failure.
Claudio: I am very sorry to hear of the problems you have experienced with your Iomega product and empathize with your data loss. I recognize that your data is priceless to you which is why Iomega, along with the computer industry stresses the importance of having a backup location for your critical data. If the unfortunate situation arises where data was stored only in one location, we do offer a data recovery service for a fee. You are also welcome to check with other data recovery services of your choice if you wish to have this service performed.
Claudio: At Iomega we pride ourselves in providing outstanding customer service to our customers. With millions of drives sold, we believe we have an outstanding track record in providing a very high quality product and excellent customer service and support. Iomega cannot, however, guarantee that no one will ever lose a file. Iomega makes plain in every statement of our warranties for all Iomega product sales that data loss is explicitly NOT covered by our warranty.
Claudio: Data recovery services are very expensive to provide, and are not built into the cost structure for each Iomega product, and indeed, the computer industry in general does not make any guarantee that you will never lose a file or lose any data once you buy a computer. For example, if your computer crashes and you lose a file from your Dell or Gateway computer, you cannot recover for data loss. Data recovery is an extra service performed by trained specialists, after studying the specific details in a particular data loss situation.
clarinette: Would you have any idea of how much it would cost me for the recovery by your colleagues you mentioned?
Claudio: sorry, I cannot tell, that depends on the damage, the machineries they have to use and the time they have to spend, you can ask a free evaluation though
Claudio: you can find all the contacts at http://europe.iomegadatarecovery.com/datarecoveryfaq-contactus.html
clarinette: This is a different link, does it replace the previous one? I have already sent a request to the first.
Claudio: that's the same company, it's just the direct link to the contact page
clarinette: Last question: Would they charge me as a iomega client victim under warranty or careless of the rapid failure of iomega product?
Claudio: I'm sorry, they are our partner but I don't know exactly which is their policy, I still confirm that the price will basically depend on the damage
clarinette: Ok, I'm going to talk to them.
clarinette: I guess I should thank you for your assistance.
Claudio: thanks for your understanding
Claudio: do you have any other question at the moment?
clarinette: oh, last point, yes, Do I have to give pack the faulty HD to get a new one? or can't I keep it for eventual recovery as I have been deprived of HD the last few months and now urgently need a new HD?
Claudio: yes, sorry, the unit must be returned for the replacement, there's the possibility to have an advance shipment but this service costs 23.80 euros
clarinette: Therefore, you are not offering your customers any hope of help on data recovery. Thanks
Claudio: the replacement can be still provided after you have recovered your data
clarinette: on their page, your colleagues mention: if need to open, no warranty, if no warranty no replacement isn't it?
Claudio: if you contact our data recovery partner the warranty will not be voided, even if you contact a local company and the you provide a data recovery documentation we can still replace the unit
clarinette: If I wanted to use the replaced iomega HD, how many mirrored hard drive should I need to secure the backups?
Claudio: a backup is "two or more up-to-date copies of your important data located on different disks."
Claudio: this is by definition, so at least two copies of the data, but in different disks
clarinette: I had two copies: for most data: one on my Vista desktop and the other on the iomega. I could not believe both would fail and the iomega failed after only a short time - I guess 3 months!!!
Claudio: sorry, this is a very unfortunate situation, actually that doesn't happen so often
Communication with the RightNow Live service has been lost. Please wait while attempts are made to restore the connection. (retry 1 of 47)
Tuesday, 9 February 2010
Tuesday, 19 January 2010
Monday, 18 January 2010
He won't tergiversate, for him, the bill is one of
"...the most dangerous and misguided legislation to have come before parliament in recent years.
...sets out to tackle online copyright infringement - frequently referred to as 'illegal peer-to-peer file- sharing' - in order to support Britain's creative industries.
There is no doubt that some people do use the internet to watch films and listen to music without paying. TalkTalk does not condone or encourage copyright infringement, but I believe that the government's proposals are disproportionate, impractical and deeply unprincipled".
Though not encouraging copyright infringement, he states:
He crticizes the abusive presumption of fraud that weight on users.
"...the Bill effectively gives music labels and film studios the right to instruct internet service providers, such as TalkTalk, to cut off the internet connection of anyone that the labels and studios suspect of copyright infringement.
He then challenges the methods of censorship:
"We know many broadband customers caught up in this Orwellian nightmare will be innocent since the detection method cannot establish the individual who is file-sharing. It can only identify the connection, which many - including the unauthorised - can use."
Reminds the case of innocent customers abused by lawyers victim of hijacking of their broadband connection rescued by the consumer group Which?
I share his views on that and have been blogged earlier on the technical limits of such regulation. The remarks equally apply to the French HADOPI law.
Yes, file-sharers can easily avoid detection using Wi-Fi hijacking and a growing array of other tools and applications, it will be innocent broadband customers who suffer the consequences of this nightmare.
Yes, it is the music and film industry the real beneficiaries of these measures.
Yes, the cost of tackling the problem will be massive - maybe hundreds of millions of pounds a year.
Yes: who foots this bill? The music and film companies? Not a chance. You will pay for it - an extra £2 per month on your broadband bill, according toBT.
...the cost of copyright protection plus the socalled 'phone tax' will jointly add about £30 per year to broadband bills.
Demand modelling shows this could make internet access unaffordable for 600,000 hard-pressed families. So much for the government's claimed commitment to 'digital inclusion'.
"The creative industries' arguments are phoney and the government's response will turn our digital economy into a disaster zone.
More than 31,000 people have registered their opposition to these absurd proposals by signing our petition on the Number 10 website. You can also sign at www.dontdisconnect.us."
Tuesday, 12 January 2010
Je reviens sur la position Europeenne sur les moyens d'investigation des telechargement illegaux. Le Working Party Article 29 (ou Groupe de travail Article 29 sur la protection des données WPA29) est une autorite consultative independante pour la protection donnees privees Instituee par la Directive 95/46/EC. Sa mission est definie par l'Article 30 de la Directive 95/46/EC et Article 15 of Directive 2002/58/EC. WPA29 rassemble les représentants de chaque autorité de protection des données des pays membre de l'Union européenne. (Meme si les avis du WPA29 sont consultatifs et ne s'imposent pas, les etats Europeens generalement les traitent comme tel).
WPA29 a rendu un avis WP104 dans lequel il :
"...a constaté que certaines mesures destinées à assurer la protection efficace de matériel soumis à droit d’auteur contre un échange illicite présumé, prises à différents niveaux par les détenteurs de droits d’auteur, impliquaient le traitement de données à caractère personnel...."
"Le groupe de travail considère donc nécessaire, dans ce contexte en pleine mutation, de rappeler les grands principes de la protection des données et leur champ d'application dans le cadre de la gestion des droits numériques et du respect du droit d’auteur."
Ce n'est malheureusement pas une nouveaute que de tenter de bafouer les droits fondamentaux en conlit avec le droit de la propriete intellectuelle.
A l'issue d'un proces qui aura duree 10 ans opposant l'Eglise de la Scientologie a des FAI Hollandais (XS4ALL et Karin Spaink), la suprematie des droits fondamntaux sur les droits d'auteurs a ete reconnue.
Par ailluers, conformement au principe de la proportionalite (Convention Europeenne sur protection individuelle pour le traitement automatiques des donnees personnelles et la Directive 95/46), les gouvernements qui souhaitent imposer des limitations a la protection des donnees personnelles doivent demontrer au prealable que l'atteinte au respect de la protection des donnees personnelles est proportionnee au but recherche tout le long du processus de collect des donnees.
Instituer le DPI dont on ne sait quel organisme en prendra la charge ni sous quelle precaution, ne parait nullement proportionne a la defense des interets prives des maisons de disque.
Il est donc avere que le DPI ou autre methode de flicage n'est en rien un remede au probleme de telechargements illegaux.
Que les telechargements illegaux se feront par la voie du VPN et de l'encryptage. Par consequent, l'attention a la protection des donnees privees ne pourra se justifier, le but n'etant pas 'ATTEIGNABLE'.
Les trois elements indispensables du test de proportionalite font defauts: action indispensable, absence de moyens alternatifs, represente une contrainte injustifiee.