Artists Rights Watch – Monday March 18, 2013

DIGI DAY:
* Why is Ad Tech Still Funding Piracy?

Visit the top torrent search engines, and you’ll find ad calls from Yahoo, Google, Turn, Zedo, RocketFuel, AdRoll, CPX Interactive and others. These sites exist to connect people with illegal downloads of intellectual property, a practice that’s estimated to cost the U.S. economy $20 billion in the movie industry alone. No matter your feelings about U.S. copyright laws, they are laws, and there’s no doubt these sites facilitate illegal behavior, even if they don’t house the content themselves. The oxygen that sustains many of these sites is advertising, delivered by the vast archipelago of the ad tech industry.

According to AppNexus CEO Brian O’Kelley, it’s an easy problem to fix, but ad companies are attracted by the revenue torrent sites can generate for them. Kelley said his company refuses to serve ads to torrent sites and other sites facilitating the distribution of pirated content. It’s easy to do technically, he said, but others refuse to do it.

“We want everyone to technically stop their customers from advertising on these sites, but there’s a financial incentive to keep doing so,” he said. “Companies that aren’t taking a stand against this are making a lot of money.”

JUNKEE:
* The Case Against Free

What is the difference between the writer who can’t sustain a career because of publishers who are unwilling to pay them because the next person will do it for free, and the musician who can’t afford to play in their band because taking time off work to play some shows makes their vocation unsustainable?

THE ONION (Thanks CopyHype!):
* Word ‘Innovate’ Said 650,000 Times At SXSW So Far

Bryant additionally confirmed the absence of the less common phrases “investment model,” “practical business strategy,” and “economic realities,” which together have been mentioned a total of zero times.

LIFE HACKER:
* Why I Stopped Pirating and Started Paying for Media

For a period I pirated everything I could. As technology pushed forward, it became less necessary, and now I don’t even bother. Here’s why.

Piracy affects pretty much every part of the entertainment industry from big corporations to independent creators. While pirating isn’t always immoral (say you already own the movie), it is illegal, and while many pirates buy more, that doesn’t mean they buy everything they pirate—and that hurts the industry in question, particularly when you’re talking about independent creators.

THE CHICAGO TRIBUNE:
* For Amanda Palmer, it takes a village

she also fretted that not every artist — PJ Harvey, Jeff Mangum, Elliot Smith, to name just a few — can be or wants to be as “hyper-social” as she is. “It’s our collective responsibility to help them because they’re not as loud,” she said.

THE WASHINGTON POST:
* Hey Internet, where’s the outrage?

Given CISPA’s legal benefits to private companies such as Google and Facebook, it’s easier to see why the corporate pillars of the Internet haven’t jumped on the outrage bandwagon.

However, it’s not as clear why other major Internet players, such as Craigslist or Wikipedia, who participated in SOPA protests aren’t being as vocal now.

COPYHYPE:
* “Manifestly ill-founded”: Pirate Bay Free Speech Argument Tossed

a unanimous chamber at the European Court of Human Rights held that the massive infringement the site enabled justified any interference with the site founders’ free expression rights. The Court, in fact, said that the founders’ appeal on free speech grounds was “manifestly ill-founded.”

MUSIC WEEK:
* More music pirated than TV, film and games combined – new Ofcom report

Ofcom has published a new report tracking online copyright infringement during Q3 2012, with music seeing far higher volumes of piracy than TV, film, video games, software and e-books combined.

PRECURSOR:
* Cellphone Unlocking Effort a Trojan Horse to Gut DMCA Digital-Locks Copyright Enforcement

Remember, this new Fix-the-DMCA coalition is just a new PR face for the old Free Culture/Free Software movement that does not believe software and digital information should be copyrightable, patentable or proprietary. It can’t be said enough that their definition of a “free and open Internet” is where “free” means no payment or permission required and “open” means no property respected.

Amazingly this movement opposes the principle of digital “locks.” In our society most people lock their house, yard, room, car, bike, money, etc. Locks are our friend and our protector. Locks are only the enemy to those who seek to take something from someone without their permission. We lock what has value and what we want to protect or control.

TECH LIBERATION:
* Who Really Believes in “Permissionless Innovation”?

That’s a great question, but let’s ponder an even more fundamental one: Does anyone really believe in the ideal of “permissionless innovation”? Is there anyone out there who makes a consistent case for permissionless innovation across the technological landscape, or is it the case that a fair degree of selective morality is at work here? That is, people love the idea of “permissionless innovation” until they find reasons to hate it — namely, when it somehow conflicts with certain values they hold dear.

NEW YORK TIMES:
* Google Concedes That Drive-By Prying Violated Privacy

Google on Tuesday acknowledged to state officials that it had violated people’s privacy during its Street View mapping project when it casually scooped up passwords, e-mail and other personal information from unsuspecting computer users.

LA TIMES:
* SXSW 2013: Spotify predicts a ‘decent living’ for artists

“My goal is to not just convert the 24 million into buying [a subscription],” Ek said. “My goal is to get  1 billion using streaming services rather than a piracy service.”

DIGITAL MUSIC NEWS:
* Because as Long as Fans Aren’t Stealing, It Must Be Okay…
* The European Court of Human Rights Rejects an Appeal of The Pirate Bay Verdict…
* Why Those Who Claim Copyright Enforcement Stifles Innovation Are Wrong.

If, as anti-copyright campaigners claim, copyright stifles innovation, then how come the interfaces of pirate websites are so unimaginative and, let’s face it, crap?

DIGITAL TRENDS:
* Indie band Quiet Company and the terrifying, murky waters of streaming sites and social networks

“After everything, I’m not sure there is a new model. The old model is still the model, it’s just that the Internet made it way worse.”

HYPEBOT:
* On Gaining Visibility Through Grooveshark: Mike Masnick vs. Bruce Houghton

But there has to be a line that we don’t cross. If I told Quiet Company that they could build their fanbase by working with a company that stole musical instruments from working musicians, would that be an acceptable path to success?

TORRENT FREAK:
* Kim Dotcom: “I Will Never be in a U.S. Prison”

BRETT DANAHER:
* Explanation of Megaupload Study (or: Econometrics 101)

Perhaps lots of invisible fairies *just happened to appear in January 2012* in countries with high Megaupload use and told consumers to start buying more movies.  And some fairies appeared in medium Megaupload countries and told consumers to start buying a few more movies.  And no such fairies appeared in low Megaupload countries.  But how likely is this counter-explanation?

ARL POLICY NOTES:
* Notes from Register Pallante’s “The Next Great Copyright Act”

Stronger Enforcement

—The new law must respect the integrity of the internet, including free speech

—There needs to be, however, a mix of legislative and voluntary efforts to combat infringement online

—On solution may be to increase criminal penalties for streaming, or at least bring them in line with the penalties for distribution through downloads

DOTTED MUSIC:
* Music Industry Plagued By Retitling Of Songs #Infographic

A new infographic report “State of the Music Licensing Industry: 2013” just published by The Music Licensing Directory provides alarming new data that shows an increasingly problematic music licensing landscape for recording artists, labels and publishers.

MUSIC TECH POLICY:
* Best SXSW Panel: Recording Academy’s Artist Rights Panel Includes…Artists! @nakia, @davidclowery and @eastbayray1
* Pandora Promo Campaigns: Disinformation by Internet Radio Fairness Coalition?
* SXSW: The Governor’s Salute to Texas Music (Don’t Tell the Broadcasters)

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One thought on “Artists Rights Watch – Monday March 18, 2013

  1. When I heard about Cyprus seizing everyone’s personal savings, I thought to myself, “How lucky they are to only have 10% of their life’s savings seized!”

    At SXSWi the artist is told (by the very same ivy league banker legalista elite) that 100% of their personal savings–their blood, sweat, and tears–will be seized, shared on youtube with abandon, and used to provide content to pirate sites where google et al. profit massively by selling its ads.

    Remember when art was cleaner and purer and about the music and the musician, and not about ivy-league leftist lawyers who seize music when they are not seizing personal assets? Remember when Kurt Cobain made money not by letting billionaires slap ads around his songs (both pirated and shared on streaming services which compensate artists in fractions of a penny) but actually selling his music?

    Imagine if google open sourced all of its patents, gave away all its IP, and then made their living by selling t-shirts with Larry Page and Sergy and Corey Doctorow and Larry Lessig posing with band instruments. The caption could read “The three stooges only had one Larry. We have two, and thus all your content are belong to us.”” Would they still fly around in their 747? Would they be able to afford health insurance? Would they still be able to purchase dozens of shill lawyers and front groups?

    Perhaps Derek Kahana could give his “legal” advice for free, and sell t-shirts on an ivy-league legalista tour with all the other “heads of copyleft” Centeres funded by google? Now that SXSW has replaced music and musicians with google-funded “”Rockstar” copyleft lawyers who are attacking and destroying the foundational infrastructure upon which SXSW was born, it is time for the new “rockstars” to make a living like their brethern.

    Something has been bothering me about SXSW for a while, with all the artless, soulless, anti-artist, anti-creator, law-and-constitution-debauching fanboyz. All the baseless VC hype, all the crap that that will never go anywhere, and how the very soul–the music–has been forced off stage and replaced with soulless, kniving, smirking, anti-artist, uncreative, talentless hack Derek Kahanas, whose only innovation has been trying to destroy that which cannot be destroyed–exalted, immutable, timeless Truths and Natural Human Rights, just to put a few more pennies in in billion-dollar master’s pockets.

    SXSW kinda sux. Though I have spoken there twice, and often attend, I missed it this year. I’ll miss it next year two. Have fun drinking beer and parting with your talent-free, copyleft legions of anti-Law, anti-Music, anti-Artist lawyers.

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