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OXMUK

We've just been sent a nice, smiley email by Vanessa Barnett, a technology & media partner at "full service law firm" Charles Russell LLP, on the subject of a Microsoft patent that theoretically empowers Xbox One to monitor your TV consumption. According to Barnett, uproar over the implications for privacy in the mainstream press is unfounded - providing, that is, the functionality is both transparent and optional.

"The patent filing by Microsoft is an interesting one - proper Big Brother in my living room, it seems," she began. "But, pause for thought, is this not what many products and services already do? If we think about the functionality of online shopping, personal video recorders and loyalty cards, it's the same end game isn't it.

"What's new with Microsoft is that the deployment of the 'Big Brother' aspects are very evolved, technologically. So I predict the usual strong 'anti' reaction, followed by a spell of calm, followed by mass adoption.

Why? Because that's what happens every time we see new technology - and this one has some consumer benefits wrapped up inside. The key to this, from a legal perspective, will be transparency - being clear about what data is being collected, how it's being used, and - of course - the ability to say 'no thanks'."

Among other things, the Microsoft patent envisages technology that "[encourages] a user to watch one or more particular items of video content" by offering "awards and achievements". Activities that could merit a reward include "watching an episode of the linear video content", "watching an entire series of the linear video content", "watching one or more commercials", and "performing a specific action while watching the linear video content."

It's suggested that either Microsoft or the associated advertiser might throw together quantifiable rewards "such as coupons for an advertised product or service, or an actual product."

http://www.oxm.co.uk/54967/legal-expert-xbox-ones-big-brother-approach-to-tv-is-nothing-new/