Big Tech’s Latest Artist Relations Debacle: Mass Filings of NOIs to Avoid Paying Statutory Royalties (Part 2)

Chris Castle is doing excellent work on this emerging scandal. It appears that Google, Amazon and MRI may be preparing to exploit a “loophole” in the text of the copyright act to not pay these songwriters. Sort of like the pre-1972 sound recording “loophole” that ended with Sirius and Pandora getting sued in class actions.

Music Tech Solutions

co-nois-1 “1 NOI” Means “1 Excel file for the NOIs Filed That Day, each Excel file contains tens of thousands of songs

As noted in Part 1 of this post, Google, Amazon and others are filing what are reportedly “millions” of “address unknown” NOIs with the U.S. Copyright Office.  I fully expect that Pandora will eventually do the same for its on-demand service and Spotify is likely to do the same.  Note–this type of carpet bombing of NOIs would not have helped Spotify in the David Lowery litigation because David Lowery registered his copyrights that are the subject of that litigation.

If you click here, you will find the most recent iteration of these massive NOIs, which apparently are being posted on a regular basis.  The screenshot above is the first page of these filings on the Copyright Office site, most of which came this month (September 2016).


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Andrew Orlowski on the Google Trojan Horse “Unlock the Box”

It’s easy to hate the cable company. Especially if you live in a city or neighborhood where there is only one poor choice for cable/broadband.   And those clunky old set top boxes?  Who needs them right?  In fact I haven’t used my Verizon set top box in months.  It’s not even plugged in.  Neither is the television.  My entire family watches stuff on their laptops, tablets or smartphones.  Even live television.  I’m happy to get rid of my set top box. And like most people in the country that is what I thought the “unlock the box” rule proposed by FCC chairman Tom Wheeler and FCC senior counsel (and former Google Shill) Gigi Sohn was all about.   Turns out it was really about giving big tech access to our viewing data, and creating a sort of FCC mandated “compulsory license” for video content.   Songwriters can explain to you the horrors of compulsory licensing with rates set by “captured” agencies.

Andrew Orlowski lays it all out here:

The closer you look at this, the stranger it seems. The FCC initiative is supposed to be about removing the obligation to lease equipment provided by the cable and satellite PayTV services to view the content. In response, TV and tech companies are backing a new technical framework that uses open standards and “appifies” everything, making any kind of hardware redundant. But the FCC has rejected it.


The alternative plan envisaged a “virtual headend”, with a much longer transition. The details would be worked out at some point in the future. Although the FCC isn’t formally permitted to devise radical policy shifts, here it did, with Public Knowledge as the FCC’s proxy. Public Knowledge backed the virtual headend plan (the Google-y alternative) and the FCC jumped in to support it.

Earlier this year FCC chairman Tom Wheeler addressed a Public Knowledge meeting apologizing for “stealing” its chief executive Gigi Sohn to become his “special counsel for external affairs” at the FCC.

Today, watching TV is one of the few areas in life left where we spend many hours away from Google’s obsessive data collection business and its pervasive advertising machine. But this would change all that: Google would have access to all the data our TV viewing generates. It could sell its own ads against other people’s content, without paying for it, while evading the rules for minority programming or protecting children from inappropriate content. Nice work.

For more Google shenanigans in DC read this:

Like a Meth and Vodka Fueled Low Grade Stripper Google Doesn’t Give a Shit and Goes Hog Wild in Last Days of Obama Administration

Big Tech’s Latest Artist Relations Debacle: Mass Filings of NOIs to Avoid Paying Statutory Royalties (Part 1)

Good catch by Chris Castle at MusicTechSolutions. This looks like a twofer. Digital services get to overwhelm the US Copyright Office with “unknown address” NOIs (that’ll teach you to oppose 100% licensing) and they get to exploit a loophole and keep the royalties. We will keep digging and report more later.

Music Tech Solutions

If the music-tech industry has one major failing from which all of their messaging and legal problems flow, it is their fascination with loopholes that predictably harm creators.  Whether it’s YouTube’s nefarious reliance on a tortured interpretation of the DMCA safe harbors that bears no relation to the law, Pandora and SiriusXM’s bone headed refusal to pay statutory royalties on pre-72 sound recordings (not to mention Pandora’s purchase of a radio station in a failed attempt to pay songwriters lower royalties), Spotify’s absurdly unnecessary collision with Taylor Swift over windowing, the MIC Coalition’s ridiculous manipulation of the Department of Justice on 100% licensing, or Amazon’s bizarre fascination with compulsory licenses for which songwriters have no audit right, these companies rival each other in the undignified pursuit of loopholes.

And in particular, loopholes that hurt songwriters who can’t afford the litigation and lobbying machine that is always the not-so-veiled threat brought…

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Must Read: T Bone Burnett’s Keynote Address at AmericanaFest


T-Bone Burnett’s keynote at Americana Fest Nashville TN Thursday Sept 22nd. Reprinted with permission of the author.

Technology is turning over every ten years. Their technologies don’t and won’t last.

Our art-if we do it right- will.

I have come here today first to bring you love. I have come here to express my deep gratitude to you for your love of music and of each other. And, I have come here to talk about the value of the artist, and the value of art.

When Michaelangelo was painting the great fresco The Last Judgment in the Sistine Chapel, he came under intense criticism from various members of the church, particularly the Pope’s Master of Ceremonies- a man named Cesena- who accused him of obscenity. Michaelangelo’s response was to paint Cesena into the fresco in the lowest circle of hell with donkey ears and a serpent coiled around him devouring, and covering, his nether regions, so to speak.

Cesena was incensed and went to the Pope demanding he censor Michaelangelo for this outrage, and the Pope said, “Well, let’s go have a look at it. ”So, they went down to the chapel, and when the Pope stood in front of the fresco, he said to Cesena, “You know, that doesn’t look like you at all.”

See, the Pope didn’t want to jack around with Michaelangelo. Michaelangelo was making things that were going to last for hundreds of years. His stuff was going to outlive the Pope’s ability to do anything about it, so the Pope bowed to the inevitable. The Pope was afraid of a painter.

The painter could create another dimension between Heaven and Earth. Flat ceilings seemed to come down into the room in three dimensions. He painted rooms where priests and the church could sit and be transported to- and engulfed in- a higher realm, learning ancient stories- thoughts kept alive over centuries. And he did it by mixing together things he found laying around on the ground- sand and clay and plants. He was a fearsome alchemist.

Art is not a market to be conquered or to bow before.

Art is a holy pursuit.

Beneath the subatomic particle level, there are fibers that vibrate at different intensities. Different frequencies. Like violin strings. The physicists say that the particles we are able to see are the notes of the strings vibrating beneath them. If string theory is correct, then music is not only the way our brains work, as the neuroscientists have shown, but also, it is what we are made of, what everything is made of. These are the stakes musicians are playing for.

I want to recommend a book to you- The Technological Society by Jacques Ellul.

John Wilkinson, the translator, in his 1964 introduction, describes the book this way- “The Technological Society is a description of the way in which an autonomous technology is in the process of taking over the traditional values of every society without exception, subverting and surpassing those values to produce at last a monolithic world culture in which all technological difference and variety is mere appearance.” This is the core of the dead serious challenge we face.

The first nuclear weapon was detonated on the morning of July 16, 1945, at 5:29 and 45 seconds.

At that moment, technocrats took control of our culture.

Trinity was the code name of that explosion. It was an unholy trinity.

Technology does only one thing- it tends toward efficiency. It has no aesthetics. It has no ethics. It’s code is binary.

But everything interesting in life- everything that makes life worth living- happens between the binary. Mercy is not binary. Love is not binary. Music and art are not binary. You and I are not binary.

Parenthetically, we have to remember that all this technology we use has been developed by the war machine- Turing was breaking codes for the spies, Oppenheimer was theorising and realising weapons. Many of the tools we use in the studio for recording- microphones and limiters and equalizers and all that- were developed for the military. It is our privilege to beat those swords into plowshares.

We live in a time in which artists are being stampeded from one bad deal to another worse deal. No one asks the artists. We are told to get good at marketing. I have to say- and I think I probably speak for every musician here- that I didn’t start playing music because I sought, or thought it would lead to, a career in marketing.

And, as we are being told that, our work is being commoditised- the price of music is being driven down to zero.

I am working with a group called C3, the Content Creators Coalition run by Roseanne Cash and Jeffrey Boxer to develop an Artists Bill of Rights. Jeffrey is here today to meet afterward with anyone who wants to get into this. The first right artists have is the right to determine what medium they work in. The second is the right to set the price of their work.

Every person worthy of the name artist, from Rembrandt to Paul Cesanne to Picasso to Jackson Pollack

From William Shakespeare to Tennessee Williams to James Baldwin and Jack Kerouac

From Bach to Stravinski to Mahler to John Adams

Every one of those artists made art that to be understood, the world had to change.

They did not adapt to the world, the world had to adapt to them.

The technocrats suggest we crowd source.

I suggest we not.

The very thing an artist does is figure out what he likes.

The technocrats- the digital tycoons- the iTopians- look down on artists. They have made all these tools and they think we should be grateful- subserviant even- and use their flimsy new tools happily to make them ever more powerful. But we can make art with any thing. We don’t need their tools. Music confounds the machines.

So the iTopians have controlled the medium and the message for a generation now. And they are making a complete hash of things. The clearest and most pervasive proof of this is the psychedelic political season we are in, which we can see playing out in every election around the world.

Before the atom bomb, we had begun to project idealized versions of people up on screens, while the people whose images were projected would hide behind the screens, knowing they could never measure up.

After the atom bomb, we have automated that process. On facebook, everybody is a star. The idealistic, lysergic promise of the 1960’s has been mechanized, allowing us to become ever more facile conterfeiters.

The mask has become the face.

Malcolm Muggeridge said that the kingdom Satan offers a man is to the kingdom of God as a travel poster to the place it depicts.

This internet technology that has been so wildly promoted as being the key, the final solution, to our freedom, has become our prison. What the false prophets of the internet said would replace governments and nation states and commerce, and create a free world of community and sharing, has led instead to a consolidation of wealth and power that makes the monopolies of the early 2oth Century- Morgan and Rockefeller and Carnegie- look weak and ineffective.

Ethan Zuckerman, the director of the MIT Media Lab has apologized for his part in creating what he calls a “fiasco”. Tim Berners Lee, who diagrammed the schematic for our current internet on a napkin, said at Davos last year that the internet needs to be rearchitected.

Our 21st Century communication network, regarded by its early adherents with a religious fervor, has been turned into a surveillance and advertising mecnanism. The World Wide Web is just that- a web that ensnares everyone who uses it.

Artists must not submit to the demands, or the definitions of, the iTopians.
Lastly, I am here to speak specifically about American music.

This country has been led by artists from Thoreau and Emerson through Walt Whitman to Woody Guthrie, through Thelonious Monk and Charlie Parker, to Presley and Dylan to The Last Poets and Kendrick Lamar. The Arts have always led the Sciences. Einstein said that Picasso preceded him by twenty years. Jules Verne put a man on the moon a hundred years before a rocket scientist did. Medieval stained glass windows are examples of how nanotechnology was used in the pre-modern era. Those artists were high technologists, and many other things- they were aestheticians, ethicists, conjurers, and philosophers, to name a few.

They took risks. Risks a technocrat could never take. Artists risk everything in everything they do. Risk is what separates the artist from the artisan. Art is not a career, it is a vocation, an inclination, a response to a summons.

We, in this country, have defined ourselves through music from the beginning- from Johnny Has Gone for a Soldier in the Revolutionary War, to The Star Spangled Banner in the War of 1812, to John Brown’s Body and the Battle Hymn of the Republic in the Civil War, to the incredible explosion of music of the last century that was called Jazz, or Folk Music, or Rock and Roll, or Country Music- because although our music has taken many different paths, it is all of a piece and a most important part of our national identity- of US.

Music is to the United States as wine is to France. We have spread our culture all over the world with the soft power of American music. We both have regions- France has Champagne, we have the Mississippi Delta. France has Bordeaux, we have the Appalachian Mountains. France has Epernay, we have Nashville. Recorded music has been our best good will ambassador. The actual reason the Iron Curtain fell, is because the Russian kids wanted Beatles records. Louis Armstrong did more to spread our message of freedom and innovation than any single person in the last hundred years. Our history, our language, and our soul are recorded in our music. There is no deeper expression of the soul of this country than the profound archive of music we have recorded over the last century.

This is the story of the United States: a kid walks out of his home with a song and nothing else, and conquers the world. We have replicated that phenomenon over and over. We could start with Elvis Presley, but we could add in names for hours- Jimmie Rodgers, Rosetta Tharpe, Johnny Cash, Howlin Wolf, Mahalia Jackson, Bob Dylan, John Coltrane, Billie Holiday, Loretta Lynn, Chuck Berry, Hank Williams, Aretha Franklin, Jack White, Dr. Dre. That is the American Character. That is Johnny Appleseed.

At last year’s MusicCares tribute to Bob Dylan, Jimmy Carter said, “There’s no doubt that his words of peace and human rights are much more incisive and much more powerful and much more permanent than any president of the United States.” I believe that is undeniable.

That’s who the artists are. We can’t forget that.

So, in conclusion, there is this sense that the technocrats are saying, “Look, we’re just going to go ahead and do this, and we’ll sort it all out later.” As they did with the atom bomb.

As artists, it is our responsibility to sort it out now.

Barnett Newman said, “Time passes over the tip of the pyramid.” By that he meant that there is a lot of room at the bottom of the pyramid to put things, but that as time passes, gravity washes them down into the sand. But if you put something right on the tip of the pyramid, it stays there.

We aspire to put things on the tip of the pyramid. That is our preference- our prefered medium.

Digital is not an archival medium.

Technology is turning over every ten years. Their technologies don’t and won’t last.

Our art-if we do it right- will.



Songwriters Lawsuit Give Scientists Clues to Location of Home Planet of Public Knowledge Staff, GiGi Sohn and Jeff John Roberts

Public Knowledge founder Gigi Sohn exhibits a large phone that may be capable of communicating with half-human half cephalopod neo-marxist extraterrestrials. 

We have written much about Public Knowledge and the hypothesis that the Google/Soros funded group are half human half cephalopod neo-marxists.    While there exists substantial evidence that Google funds this group, and while other google funded groups have neo-marxist affiliations, scientists have found no evidence to dismiss the theory that Public Knowledge (and now possibly journalist Jeff John Roberts) are half human half cephalopod neo marxists.

One of the hypotheses that attempts to explain the presence of possible half human half cephalopod neo marxists at the heart of the executive branch (Public Knowledge founder Gigi Sohn is Senior counsel to FCC Chairman Wheeler) is that they are of extraterrestrial origin.   The question then becomes “what planet are these suspected half human half cephalopods neo marxist from?”   Scientist may soon have an answer.

Scientists were recently able to validate Einstein’s General Theory by proving the existence of gravity waves produced by the collision of two massive black holes. Two days ago Songwriters of North America filed a lawsuit against the DOJ alleging both constitutional violations and violations of the Administrative Procedure Act.  This is the music licensing public policy equivalent of two massive blackholes colliding  This lawsuit allows a similar observational experiment.  The lawsuit gives scientists a way of measuring  disturbances in the Google-Soros-Shill-Space Continuum.   By examining the timing and the specific wording of “blog reactions” to the event by suspected half human half cephalopod neo marxists at Public Knowledge it is possible to extrapolate the source of  “policy directive waves” or PDWs.

The first sign that the lawsuit was producing PDWs and activating suspected half human half cephalopod neo marxists came when Public Knowledge filed this “blog reaction” about 24 hours after the lawsuit.   Scientists measured “inhuman levels of smugness”  and “false progressive hive mind reasoning”  in the blog and concluded the blog was influenced by extraterrestrial PDWs.

Yesterday radio astronomers released preliminary results which seem to indicate that Public Knowledge seems to be reacting to policy directive waves that  emanate from a planet orbiting Alpha-Beta-Centauri  or GOOG-94043.  This would make sense because scientists have previously hypothesized that the extraterrestrial Pharrell is suing a planet (UTUBE- orbiting the same star for 1 billion dollars. The constitutional and administrative challenge by songwriters would disadvantage UTUBE- in this lawsuit if courts agree “that the music licensing system wasn’t broke and DOJ needs to unfix it.”

The big surprise was that the PDWs may have activated a previously unknown half-human half-cephalopod  neo-marxist.  Journalist Jeff John Roberts at Fortune Magazine appeared to have exhibited a blog reaction to the policy event.  However scientists at Columbia Business School of Broadcasting were divided as one noted “Roberts has exhibited inhuman levels of  smugness for years, he may just simply be an asshole.”


Songwriters Sue DOJ, Loretta Lynch and Renata Hesse

It’s about fucking time.  Read Ben Sisario’s story at NY Times.

The lawsuit by Songwriters of North America contends that the Justice Department’s ruling on 100 percent licensing violates the property rights of songwriters, since it would mean that private contracts among songwriting collaborators — a common arrangement — might not comply with the new rule. In its announcement last month, the Justice Department suggested that writers with such agreements would need to renegotiate those deals.
The songwriters’ lawsuit argues that this change violates the Fifth Amendment by removing property rights without due process and seeks a declaration that the new rule is unlawful. In addition to the Justice Department itself, the suit names as defendants Attorney General Loretta E. Lynch and Renata B. Hesse, who oversees the agency’s antitrust division.

“The 100 percent mandate,” the suit says, “is an illegitimate assertion of agency power in gross violation of plaintiffs’ due process rights, copyright interests and freedom of contacts, and needs to be set aside.”

We Can Not Definitively Rule Out FCC Chairman Wheeler is Taking Direction from Marxist Half Cephalopod Aliens on Copyright



©© Tom Vollmer 2009. Viva La FCC Revolution! $20 more and Harold Feld will sign it for you! It is clear that Harold and pals began plotting a Che Guevara inspired takeover of the FCC in 2009.   Whether Feld and other members of the PK staff are half human half cephalopod neo-marxist aliens can’t be determined from this photo.

(Don’t understand what this is all about?  Start here. Then here. Then here)

Look I have plenty of half cephalopod friends with extremely radical views. (I also have plenty of non-cephalopod friends with radical views.)  Some friends are on the far right,  half cephalopod anarcho-capitalists while others are on the far left, staunch half cephalopod neo-marxists.  I often enjoy sitting around with them and arguing politics and philosophy.  You probably have similar experiences.

But like most Americans  I’m a pretty moderate politically.  Somewhere in the hazy middle with most Americans: socially liberal; fiscally conservative; opposed to overbearing regulation and in favor of fair and free markets. But like many Americans I’m unhappy when the system/markets seem rigged to benefit only the elites.  Sometimes reasonable Americans get so frustrated they want to vote for a candidate from the extreme left or right to simply break the system.  But mostly when they walk into the voting both Americans abandon that impulse and stay in the much maligned middle.

When Americans vote for a mainstream Republican or Democratic candidates they are generally communicating support for policies that lie in this middle ground.  And as fun as it may be to argue hypotheticals with half cephalopod neo-marxists or anarcho-capitalists (we may even flirt with these ideas ourselves) we don’t really want folks on the fringes of the political spectrum having great influence in Washington DC.  ESPECIALLY IF WE DIDN’T VOTE FOR THEM!

Thus comes the troubling news that FCC Chairman Wheeler may have come under the influence of individuals that are possibly half human half cephalopod neo-marxist aliens. No, we can’t prove that the staff of Public Knowledge and Free Press are half-human half-cephalopod neo-marxist aliens, but we can’t rule it out either.  Let’s look at what we do know and what we don’t…



  • Senior Vice President of the Google funded Public Knowledge is Harold Feld. Harold Feld likes to think of himself as Che Guevara.   That may or may not mean he is a Neo-marxist.  However many of the policies that he and Public Knowledge advocate involve collectivizing the intellectual property rights of individuals and companies.  The intellectual property would then belong to the state and the state would impose some sort of renumeration scheme for the former rights holders.   This in and of itself does not indicate that he is half human and half cephalopod of extraterrestrial origin.


  • However, none of the photos of staffers at Public Knowledge show their lower body.   Thus we can’t use these photos to rule out the possibility that many staff members at Public Knowledge including Feld are in fact half human half cephalopod hybrids.


  • Founder of Free Press Robert W. McChesney doesn’t bother to hide the fact he is some sort of Marxist. This of course does not imply the “sort of marxist” he is, is in fact half cephalopod.  Remember even if a significant percentage of neo-marxists are half cephalopod, there may be some marxists who aren’t half cephalopod.

Nanu Nanu is Tom Wheeler there?

  • Gigi Sohn is Senior Counsel to the Chairman of the FCC Tom Wheeler.  She was also a co-founder of Public Knowledge.  Even though the policies and funding sources for Public Knowledge and Free press are very similar (Google/Soros) we can’t say with any certainty that Gigi Sohn is a half human half cephalopod neo-marxist.  She does however have a very large phone that looks capable of making extraterrestrial calls to planets that may harbor intelligent cephalopod lifeforms.
  • FCC Chairman Tom Wheeler praised both Public Knowledge and Free Press for “representing the people.”  While it’s tempting to associate the use of the phrase “the people”  with Marxist things like “The People’s Republic of China” or “The People’s Patriotic Firing Squad for Counterrevolutionary Authors”  I don’t think he intended it in a marxist way.  Countering that is the  fact Wheeler thinks that Public Knowledge and Free Press represent the people rather than arch capitalists. This indicates Wheeler is living on another planet. And some people think that half-human half cephalopod neo-marxists can only be of extraterrestrial origin.






Public Knowledge: We Stand In Front of Shelves of Books So We Don’t Look Like Google Shills


From these photos we can’t rule out the possibility that the lower half of these Public Knowledge staffers are cephalopod.

While it may be tempting to get sidetracked measuring the freakish non-gaussian variation in cranial widths of various staffers at the Google funded Public Knowledge, it’s important to note that the real reason they are standing in front of books is not so that we can easily measure their craniums, but because they are saying: “Hey we’re not Google shills!”

You don’t have to be Roland Barthes to figure out what they are up to.  Even if two of the books on the shelves behind you appear to be Idiot guides, books still lend a sort of scholarly vibe to your headshot.  And of course scholarly implies neutrality, and neutrality says :”Just because I’m funded by Google I’m not a shill for Google.”

Even with cranial width variations that exceed 4 standard deviations, still neutral!

Now I suppose that I need to prove that I can use Microsoft Word tables as well as Public Knowledge in their recent “scholarly” study that was NOT a dishonest personal attack on the Register of Copyrights written by half human half cephalopod staff.

So here is a table that demonstrates the alignment of Public Knowledge policy positions with Google


Wait I don’t understand what is happening here?  Cephalopods?  Cranial width?

Like a Meth and Vodka Fueled Low Grade Stripper Google Doesn’t Give a Shit and Goes Hog Wild in Last Days of Obama Administration

Kapture: Systemic Bias at Public Knowledge; Also Freakish Cranial Widths of The Public Knowledge Authors



Kapture: Systemic Bias at Public Knowledge; Also Freakish Cranial Widths of The Public Knowledge Authors


“Public Knowledge? Most of the money and all the policy is Google” – Former board member.

The Google/Soros front group that is Public Knowledge just released an unprecedented attack on the Copyright Office and staff.   This is notable for several reasons.

First,  the attack is in retaliation for the Copyright Office opposing  the FCC and DOJ Antitrust  on two recent proposed rule changes that favor Google.  I’m mean they don’t even hide it.  See screenshot above.  They are going hog wild.  BTW we should note,  the CO does not oppose set top box competition, they oppose all the little copyright goodies for Google stuffed into the proposed regulation.  But PK and FCC are dishonestly portraying it very differently. These people are real <Poll Results>.

Did Gigi Sohn phone home to Public Knowledge/Google and ask them to attack the copyright office?

Did Gigi Sohn phone home to Public Knowledge/Google and ask them to attack the copyright office?

Second Gigi Sohn Senior Counsel to FCC Chairman Wheeler and the driving force behind “Unlock the box for Google”  is also founder of Public Knowledge.  So think about it. It appears that a high ranking federal official has used her own foundation to publicly attack other federal officials in a disgusting and underhanded manner.  Is this even legal?  What <Poll Results>! Regardless, it’s FOIA time!

Third Public Knowledge seems to be trying to set the stage for a putsch at the Copyright Office now that they have a new Google/Soros endorsed and funded Librarian of Congress coming in.  The Copyright Office is marginally a part of the Library of Congress. Carla Hayden the new Librarian was (is?) a board member at the Soros OSI.

Fourth, Public Knowledge won’t be invited to the Copyright Office holiday party this year.  You may thinkn I’m being funny but this is significant.  Would you invite these <Poll Results> to your holiday party? If the Public Knowledge/Google/Soros orchestrated putsch at the Copyright Office fails we can expect future Public Knowledge reports to go directly into the shredder at the Copyright Office.   So either these folks are extremely confident in their ability to remake the copyright in their image or they have completely lost any ability to shape future Copyright policy.

Clarinet playing William Patry senior counsel for copyright at Google and former Copyright Office employee was left off of Public Knowledge’s “Revolving door” list.   It contradicted their false narrative so they seem to have let that *ahem* slide.  

Fifth,  The Public Knowledge report seema to engage in some extreme cherry picking of data to create the impression that the Copyright Office is “captured” by the “copyright industry.”   The “white hot smoking gun” as Disney fan boy and spam science fiction writer Cory Doctorow describes it is the “fact” that 7 copyright office employees over the past 22 years have gone on to work in the “copyright industries!”    That’s almost one employee every 3 years!  Scandalous!!! Compare that to the Obama administration’s 200+ employee revolving door with Google.   Apparently the scandal  is that the Copyright Office are just not doing a very good job of cashing in!   Try harder folks.   But seriously back to the cherry picking.   The folks at Public Knowledge omit many many former Copyright Office employees that went on to work at companies that don’t like copyright very much.  The most glaring omission is Willam Patry who is now Senior Copyright Counsel at Google.    A quick search of the Public Knowledge website reveals the organization is well aware of Patry.


New playground game for the kids  “Where in the world is William Patry?”


But then there is also the matter of the freakish variation in the widths of the heads of the authors of ©APTURED: Systemic Bias at the Copyright Office .  I mean this is some X-files shit right here.  Obviously there has been some slight reshuffling of the books between photos to try to downplay this, but clearly this sample does not represent typical human variation in cranial sizes.  Clearly a non-gaussian spread.  There may very well be something extraterrestrial going on here.  I wouldn’t be surprised if the lower half of one of these authors was mostly cephalopod. Scully?






Like a Meth and Vodka Fueled Low Grade Stripper Google Doesn’t Give a Shit and Goes Hog Wild in Last Days of Obama Administration

Perhaps that’s a tad bit hyperbolic.  I mean it’s probably unfair to compare Google to meth-heads and low grade strippers.   Clearly Google and its DC proxies are much more dishonest and dangerous!

Let’s  do a quick round up of all the Obama Administration lame duck favors being called in by Google.  And remember this is just copyright and it’s still just the pre-lame duck session.  The election hasn’t even happened.  It’s gonna be insane after the election.  Taxpayers will be lucky if there’s any office furniture left in federal offices by the time inauguration day rolls around.

The DOJ Antitrust Division 100% Licensing Rule For Songwriters


Assistant Attorney General Renata Hesse is also former lawyer for Google. 

We have covered this extensively. Read the links at the end of this section if you need to catch up.  But this is a rule that only makes sense if you understand that it benefits Google/YouTube in the purported $1,000,000,000 dispute with Pharrell.  The rule in every other respect makes no sense.  The rule itself reduces competition;  it will entrench dominant market players on both sides (licensee and licensor); it reduces licensing efficiency;  it violates the constitutional rights of songwriters; it violates the DOJ ATR Division own rules; flies in the face of the previous 75 years of antitrust regulation of songwriter organizations;  and it benefits a single company.  Fucked up.

The rule was apparently pushed through by former Google attorney Renata Hesse who is now an Assistant Attorney General in charge of the Antitrust Division.  This is particularly rich because when Renata Hesse worked for Google she argued and lobbied against the antitrust regulation of the  search advertising  monopoly. The fox is in the henhouse.  And this fox has just overseen one of the most regressive pro-monopoly applications of antitrust law against individuals (chickens) since the 1890s when the antitrust laws were routinely used against labor unions and in favor of the trusts (foxes) they were supposed to limit.

But here is how you really know that the rule is  corruption at work.   The DOJ ATR very carefully phrased the 100% licensing rule as a “clarification” of the original consent decree rules.  In other words it isn’t a new rule.

Why is this important?
Because it is a transparent attempt to get around the constitution, which explicitly forbids ex post facto law.  That is, “A law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law.”  Essentially Renata Hesse loads the entire US antitrust enforcement apparatus into a time machine and goes back to 1941 and “clarifies” the existing rule. Thus making those legal agreements between songwriters, co-writers and  performing rights societies illegal before they were signed!

Presto-changeo no ex post facto.

Hey, that makes a great album title.  Or title of a memoir.  Preferably one written from a federal prison.

Complexity is theft and the sure sign of a scam.   No honest person does something this complicated to fix a simple problem.  Surely we are all being scammed here.

So how is this not an unconstitutional “taking” from songwriters that solely benefits Ms Hesse’s former client Google?  This takes any co-administration agreements that Pharrell may have with cowriters and makes them illegal.  Further the new rule forces his co-writers who are members of ASCAP and BMI (already under DOJ consent decrees) to license his song without his consent.  It thus deprives thousands of songwriters like Pharrell of the valuable right to cut their own deal with Google/YouTube.

Maybe in a few years when songwriters begin to notice that their ASCAP and BMI checks are reduced by the extra administrative deductions required by the 100% licensing rule, remember this: a single apparently corrupt (didn’t recuse, ethics violations)  government employee Renata Hesse took money out of your pocket.  I’m looking forward to some clever songwriter with a clever lawyer finding a way to hold her personally responsible for the loss of income to all songwriters.  This is not as unlikely as you think because federal officials that violate constitutional rights of individuals are not always immune from personal liability.

Let’s see what happens when the FOIAs start rolling in.

Google, the FCC and the So-called “Unlock the Box”

 Hahahahahahahhahahahahahaahahahahahahhahahaha… phew…. good one Mr President!… about set top boxes … consumer choice, that’s rich”

Honestly this is mostly above my pay grade, but I know enough to say the Google shadow government in Washington DC is doing something that is bad for copyright owners while helping Google cash in.

“Unlock the set top box.”  That sounds good.  Right? How could this be bad?  Well,  it is definitely being pushed by Google and their well funded proxy Public Knowledge.  And it’s also THE classic Google ploy: Take a position that seemingly has some small benefit to the public or consumers (functional cable boxes you can purchase not rent) and then load up the regulation like a trojan horse with all kinds of goodies for Google.

In this case all you need to know is this: the “unlock the box” rule requires the FCC to institute some sort of panel or process to “oversee and adjudicate copyright licensing issues.”  I’m not an expert but I don’t understand how congress has given the FCC any right to regulate private copyright licensing agreements?  Did congress act? No. So once again this  sounds more like some sort of extralegal compulsory licensing scheme that would benefit Google and once again give the monopoly access to content they have not licensed.

Indeed as Precursor blog notes the copyright office weighed in on the proposal:

“The Copyright Office is therefore hopeful that the FCC will refine its approach as necessary to avoid conflicts with copyright law and authors interests under that law. As a threshold matter, it seems critical that any revised proposal respect the authority of creators to manage the exploitation of their copyrighted works through private licensing arrangements, because regulatory actions that undermine such arrangements would be inconsistent with the rights granted under the Copyright Act, and to some degree, as discussed below, the authority of Congress to decide whether and when limitations on these rights should apply.”

Doesn’t this seem like the same playbook that Google used over at the DOJ Antitrust Division?  A novel and likely unconstitutional reinterpretation of the rules to get what they want? This is Google running wild as the clock runs out on the Obama administration.

Why do I say that? This proposal by all accounts is being pushed by Gigi Sohn who is senior counsel to the Chairman of the FCC Tom Wheeler.  Gigi Sohn of course was the founder of Public Knowledge.  And Public Knowledge is funded by Google.  In the Oracle v Google case the Judge forced Google to produce a Shill list.  Guess who was on it? Public Knowledge.   Does Gigi Sohn play the same role at the FCC that Renata Hesse plays at DOJ ATR? Looks like it.

Just look how fucking cozy FCC chairman Wheeler is with Public Knowledge. It makes you wonder if the FCC and Public Knowledge for all practical purposes have merged.   Here’s what Wheeler said at the most recent Public Knowledge awards dinner:

“I’m a little surprised that Public Knowledge would actually ask me to come here today since I stole Gigi Sohn,” Wheeler said as the keynote speaker at a Public Knowledge awards dinner in September.

“We cannot have debate, we cannot have the essence of how [James] Madison said this government would work without organizations like Public Knowledge,” he continued. “There is plenty of ambition on the other side of issues. There is plenty of ability to speak out. Plenty of voices, which many times are presented as ‘independent,’ but aren’t. But the ability of Public Knowledge, Free Press, Common Cause — that ability keeps the process on the straight and narrow. So I’m here to salute you for the job you do in making sure that ambition is countered with other ambition representing people.”

Either Wheeler is totally in the tank for Google or he is an idiot who doesn’t realize that Google funds and calls the shots at Public Knowledge.  There is no “independent” public voice that is represented here.  Free press ain’t  the public either.  It’s just Google’s BFF Soros.  See Soros hack.

I wonder which large technology company Wheeler works for after his term?

(Also Madison is rolling in his fucking grave: “[government] interference is but the first link of a long chain of repetitions, every subsequent interference being naturally produced by the effects of the preceding.” Have you ever read Madison you dumbass?)

FCC/Google/Public Knowledge Attack on the Copyright Office

Did the FCC’s Gigi Sohn phone home to Public Knowledge/Google and ask them to attack the Copyright Office? Sure looks like it. (AP photo Harry Hamburg).

But none of the preceding compares to this.  This is where it gets nasty.  There is no way around this but it really looks like Gigi Sohn a government official that happens to be chief counselor to FCC Chairman Tom Wheeler has enlisted Public Knowledge, an organization she founded, to personally attack the Register of Copyrights.  Simply because the Copyright Office did its job and  weighed in on the FCC proposed unlock the box rule.

In a report breathlessly titled ©APTURED: Systemic Bias at the U.S. Copyright Office,  Public knowledge goes after the Copyright Office, accusing them of being captured by the copyright industries.  They personally single out the sitting Register of Copyrights as being “captured.”  Their evidence? She worked for the Authors Guild.   I am shocked!  A copyright expert once worked as counsel for an organization that needed expertise in copyright law?!!! Heavens to Betsy!!

Notice that these dishonest astroturfers don’t mention that the Register of Copyrights also worked for The Guggenheim. That would be inconvenient because often the Guggenheim is on the exception side of Copyright law.  No, that wouldn’t fit their shitty little narrative.

Guess what else didn’t fit their shitty little narrative?  William Patry chief copyright counsel for Google once worked at the Copyright Office.  In a section of the report titled “Copyright Office to Industry”  they  list 7 people in 22 years that went from the copyright office to “the copyright industry.”  This is supposed to show some sort of revolving door between the Copyright office and such high paying jobs like working in public policy office for the financially decimated photography industry.  (That is not a payday if you don’t get the joke.)

Yet these folks they leave William Patry off the list…

How the fuck do you omit that?  This is pure dishonesty.  Further, are we really supposed to believe that Gigi Sohn and others at the FCC are not somehow in on this dishonest attack by Public Knowledge?   C’mon.  You know this is all FOIA-able?

This made me so mad I decided to look up “piece of shit” at Urban Dictionary. I’ve heard the phrase before and I wanted to see if perhaps it applied in this situation.


What do you think? If you go out of your way to cherry pick data to make the Register of Copyright and the Copyright Office look corrupt are you a person or organization that is in the business of not sucking?

If you are a high ranking governement official, say, like Gigi Sohn who is senior counsel to the Chairman of the FCC  and you just maybe get the organization you founded to mount a dishonest personal attack on another federal official are you “working correctly?”

If you are the FCC chief and you have people working for you that seem to be working in coordination with Google proxies and you don’t fire them are you “working correctly?” Public Knowledge doesn’t even bother to disguise the reason for their attack. They are doing this right under the chairman’s nose.  How does Wheeler not know?

So what do you think?

Regardless it look like these  <href? Poll Results:>Pieces of shit  are running wild up there in Washington DC.   And everything these <href? Poll Results:>Pieces of shit  do seems to benefit Google.  Add to that the financial relationship between these <href? Poll Results:>Pieces of shit Public Knowledge and Gigi Sohn? How is this not Google not giving a shit and  running hog wild in the last days of the Obama Administration?


How Google Took Over the Justice Department Antitrust Division: Renata Hesse’s Timeline


Guest Post by Stephen Carlisle: ASCAP and the Terrible, Horrible, No Good, Very Bad DOJ Decision That’s Going to Create Chaos in the Music Industry

@Savan_Kotecha: The DOJ deals a devastating blow to professional songwriters — Artist Rights Watch

The MTP Podcast: The Consequences of DOJ’s New Rule on 100% Licensing with David Lowery, Steve Winogradsky and Chris Castle

Rep Collins Puts AG Lynch On Spot Over 100% Licensing

Canadian Music Publishers, Indie Labels and US Indie Publishers Reject Obama Administration Position on 100% Licensing — Artist Rights Watch

David Lowery “Whiteboard” Comments on DOJ 100% PRO Licensing Proposal

Independent Music Publishers Forum Rejects DOJ 100% Licensing: “Nothing has been fixed but everything has been further broken”

Smoking Gun: Google Funded Public Knowledge Praises Unconstitutional DOJ 100% Licensing Rule

DOJ Engages Completely Juvenile Argument Against Copyright Office in Defense of Corrupt 100% Licensing Rule


Curious Departures from DOJ Antitrust: Off to the GOOLAG?