Techdirt Is A Never Ending “Dumb Off”

A long time ago my good friend Dan Vickrey of the Counting Crows  explained to me the concept of  a Dumb Off.   Essentially this is what you call an argument between two people  that actually agree.  Generally this is because one or both  parties insists that the other person is saying something that they are not.  In the music world these Dumb Offs usually occur in the van or on the bus after the show when people are really really drunk.

In the internet world  they occur (with  alarming frequency) on Techdirt.

Most of you are not be familiar with Techdirt.com.  Allow me to explain.   This is an obscure blog that is run by He-who-was-named-on-the-Google-Shill-List (Mike Masnick)and his Canadian sidekick Barnacle Boy - I mean Leigh Beadon.   We at The Trichordist mostly know about this blog cause every time they write about us we get a barely perceptible  extra dozen views.    They generally write minitrues that benefit Google/Oceania  when argued in the broader much more popular  tech blogs. The reason you’ve never heard of Techdirt is cause this is the place where they try out these arguments  before they turn them over to the thinner, better looking and more professional  bloggers.  Bloggers that likely went to Harvard or Yale, not Cornell.

Last week I heard Techdirt ran a story claiming I was wrong about my claim that Copyright is in Human Rights treaties.  I was curious since they (once again) were rebutting something I never said so I decided maybe I should read this article.  It took a while. I fell asleep three times  and it was only after an injection of cheap Guatemalan adrenalin that I managed to finish it.

In yet another attempt to discredit us, Barnacle Boy- I mean the unsuccessful  Canadian hip hop artist Leigh Beadon falsely and knowingly claims I say copyright is in human rights treaties.  To bolster his case he links to an article that I didn’t write and says nothing of the kind. But these kind of real world facts have never stopped the Google policy id- oops  I mean Techdirt  from writing stuff like this before. What the linked article does say  and what I often say is: Artists’ Rights (not copyright) are enshrined in Human Rights treaties. These rights are then expressed on the national level in copyright laws.

Whoops, your bad.

Looks like we are agreeing on this one point.   Thus I declare this a  Dumb Off.  In my band you get a $250 dollar fine for participation in any Dumb Off.  Pay  it to the tour manager.

Now normally we’d ask for a correction but we’re not exactly sure who to ask? See we are not entirely sure that Masnick  and Beadon actually exist.  Reading Techdirt one might be forgiven for assuming Masnick and Beadon are simply mildly sophisticated AI from some half assed Google AI project tucked between Google’s space program boondoggle and the driverless car boondoggle.   Certainly Masnick’s attempts at humor AND Leigh’s rhyming style fall into the unfortunate  “Uncanny Valley” between human and robotic. Thus lending credence to our theory.

So we ask:  Are they programmed to make corrections?  Or do we just write the AI programmers and ask for the correction? This is uncharted territory for us.

So however much we have enjoyed seeing Techdirt bravely taking a stand against human rights treaties and morality itself,  and however excited we are about using this against them later,  we do have to correct the record.  You just can’t make shit up.  Even on the internet.  Here is the main blog that The  Trichordist published on Artists Rights and Human Rights.    This was written by Chris Castle.

The Human Rights of Artists

…These rights resonate in a number of international and national documents, but a good international agreement to consider first is the International Covenant on Economic, Social and Cultural Rights that was ratified by the United Nations General Assembly on December 16, 1966. It is important to remember that human rights are fundamental, inalienable and universal entitlements belonging to individuals, individual artists in our case. As a legal matter, human rights can be distinguished from intellectual property rights as intellectual property rights are arguably subordinate to human rights and actually implement at the national level the human rights recognized as transcending international and national intellectual property laws…

Ergo a “Dumb Off”.  I think the judges will agree. $250.

Last Class for 2012! The Fourth Night: Music Tech Startups, HAAM, SIMS and David Lowery on Artist Rights

Reblogged from Four Nights of Music Rights:

Can you believe that we made it to Meeting 4!!

October 30: Music Clearances for Tech Startups and Artist Rights: Do Good Business and Protect Your Work

Guest Speaker:  David Lowery, of Cracker and Camper Van Beethoven and editor of The Trichordist, on artist rights.

Band Basics Mini-Topic: Bank accounts, bookkeeping, taxes, health issues and insurance coverage. Staying Healthy:  SIMS Foundation and HAAM Guest Speaker: Jennifer Stowe, Director of Services, Health Alliance for Austin Musicians

Please register at this link.

Austin readers of Trichordist please save the date! David will be speaking in Austin tomorrow night, see this post for details!

Weekly Recap Sunday October 28, 2012

Grab the coffee!

Recent Posts:
* Is Tim Westergren (Pandora) Really Just A Beard For Clear Channel?
* “We’re Gonna Boycott Your Band” And Other Empty Freehadist Threats- 6 Months Of Campaigning Against Piracy.
* Pittsburg Post-Gazette TV Critic Instructs Readers In How To Get Pirated Copies Of DVD’s…and Fund Terrorism?
* UPDATE : Pittsburg Post-Gazette Published Piracy Link
* Pandora Comes Out Of The Closet; Confirms Clear Channel and Pandora “More Than Just Friends’

From Around The Web…

COPYHYPE:
* Essential Reading of the Week as Compiled by Terry Hart at Copyhype.

HUFFINGTON POST:
* John Mellencamp Talks Internet Piracy

CNET:
* Commentary on John Mellencamp Talks Internet Piracy

BBC:
* More piracy sites faced with blocking as BPI contacts UK ISPs
“since the April court order, The Pirate Bay has lost three quarters of its visitors.”

SPIEGEL ONLINE:
* Voters Growing Disillusioned with Germany’s Pirate Party

THE CYNICAL MUSICIAN:
* Got Change?

TORRENT FREAK:
* TV Shack Admin Richard O’Dwyer “Almost Certain” To Be Extradited To US
* Torrent Site Webhost Ordered to Pay “Piracy” Damages
* Pirate Bay Censored in Ireland After Mysterious Court Order (Updated)

DIGITAL MUSIC NEWS:
* Taylor Swift’s Label: Streaming “Doesn’t Make Sense to a Small Record Company…”
* It Was 2012. And Streaming Hadn’t Yet Gone Mainstream…

HYPEBOT:
* Metallica Prepping First Independent Release

MUSIC TECH POLICY:
* Friends Don’t Let Friends Get IRFAd: Five Simple Facts About the “Internet Radio Fairness Act”
* Google and Clear Channel Send Their Shills Out for IRFA Lobby Fest
* Constitutional Opportunism Continues with IRFA: Copyright Royalty Judges are Properly Appointed

Pandora Comes Out Of The Closet; Confirms Clear Channel and Pandora “More Than Just Friends’

Editor’s note:  The Internet Radio “Fairness” Coalition Launched yesterday and as we predicted this is just old line radio broadcasters (including Clear Channel) cross-dressing as Internet Radio Broadcasters in attempt to trick public into supporting this bad bill. 

Hey music  business journalists.  Hear that?  It’s the wake the fuck up alarm.  And it’s telling you that The Trichordist was right all along: Pandora is simply bearding for Clear Channel. It says so right here.

This is not about making rates “fair” for Pandora. Pandora already has fair rates, it’s not musicians problem they don’t want to sell more advertising. Pandora plays 1 minute of advertising per hour compared to satellites 13 minutes an hour.

If this bill were really about Pandora getting fair rates why the fuck would  both Pandora and Clear Channel  be supporting this bill?  Do you really think Clear Channel wants to help Pandora steal more audience share from them?  No of course not.    That’s why, by every measure (including wordcount) ,90% of this bill is serious special interest bullshit. Things like:

*Fires Current Copyright Judges

*Mandates what new judges can consider as “evidence”.

*Judges can’t consider previous rulings.  Or as we prefer to call it “the Orwellian He who controls the past controls the future clause.”

*Eliminates requirements judges have experience in copyright or economics.

* Stands the anti-monopoly Sherman Act on it’s head by using it to limit free speech  of performing rights organizations, industry associations, artists guilds even unions.

This bill is so shitty it may achieve the impossible: Bipartisan consensus.

Conservatives hate it cause it’s crony capitalism.  Silicon valley asking the US government to fix their business model.  Most real businesses outside  profitless-innovation-land  (Silicon Valley) negotiate with their suppliers instead of running to the Nanny State to fix their business model.   It’s 2012 Silicon Valley, grow up!

Liberals hate it cause it’s Agency Capture.  These large corporations couldn’t get their way with  the CRB so now they are trying to dismantle the board and remake it in their image.

We ask Tim Westergren to come clean. Quit pretending this fight is about his “cool” internet radio broadcaster being treated unfairly by “uncool” corporate broadcasters like Clear Channel.  You guys are on the same side!  No more bullshit.

The Internet Radio Fairness website was registered way back in June 2012. This has been planned for a while.   “Tim you go first, then we’ll launch this site later”  The contacts are all in Richardson TX. Pandora is not based in Texas.. which of these members of the coalition are based in Texas?.. .hmm.

UPDATE : Pittsburg Post-Gazette Published Piracy Link

See what happens when you call people out on their foolishness?  Things get fixed.

On wednesday we called out The Pittsburgh Post Gazette and their TV critic Rob Owens for instructing readers in how to get bootleg DVDs from an illegal website in Kuala Lumpur ,Malaysia.

As a result they took action.  They removed the offending link and the copyright theft inducing language.

While we applaud the Post-Gazette for taking this action.  It would be super extra nice if they alerted and apologized to their readers for sending them to a site  that appears to be co-located  with various scam and terror sites.  Hopefully none  of the Post-Gazette’s readers  gave this site their credit card numbers or personal information.

And  thank you to our readers who alerted us to this story.  Here is the link to the original post:

http://thetrichordist.wordpress.com/2012/10/24/pittsburg-post-gazette-tv-critic-instructs-readers-in-how-to-get-pirated-copies-of-dvds-oh-and-fund-terrorism/

And then we got this nice letter from Kate Parry Assistant Managing Editor/Special Projects and Features Star Tribune Minneapolis. They also ran this story because they syndicate Owen’s column.

Dear Mr. Lowery,
Thank you very much for taking the time to contact us about the reference in the Rob Owen tv column to the piracy website. Mike Klingensmith forwarded your email. We’ve removed that paragraph from the column. Owen is a writer for the newspaper in Pittsburgh and his column comes to us through a syndication service and feeds into the website. We’ll keep an eye on his columns in the future to see if any other references show up. I’d welcome you to contact us any time you see something that appears to be amiss on our website.

Sincerely,

Kate Parry
Assistant Managing Editor/Special Projects and Features
Star Tribune
Minneapolis