Music Technology Policy

“It’s possible to make forgetting impossible, because we can all wear our Google Glasses that will store everything we see. Whereas if you actually thought deeply about the role of forgetting in enabling us to become who we are, perhaps you would actually find some redeeming features to that process.”
–Evgeny Morozov, quoted in the Globe and Mail

Riddle me this:  Would there have been a Street View without a Wi-Spy?  Or a Wi-Spy without a Street View?  If Google had sent cars around the world with just the Wi-Spy sniffers, would they have gotten away with it for as long as they did?  Which is the more valuable to Google long term?  Pictures of your house or the location of your wi-fi?  Which gives them more hyperaccurate (you know…innovative) maps?  Can they resell the pictures of your house to the National Security Agency, or would the government be more…

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The Beautiful People are so misunderstood….!

Music Technology Policy

It’s really important that we protect the rights of really good looking people in this society,”

Attorney Andrew Bridges of Fenwick & West quoted at Beautiful Person Derek Khanna’s SXSW “Fashion Week” Panel

In today’s News of the Beautiful, we find that the  founders of the very beautiful Pirate Bay–who are both beautiful and innovative–have discovered yet another law that must be reformed and “updated”.  Yes, we are of course speaking of the unspeakably out of date European Convention of Human Rights.  We, of course, commend the beauties to take their appeal to only the highest level of appeal for they are obviously Too Beautiful to be judged merely by their peers.  Yes, the Beautiful may only be judged by the European Court of Human Rights–but they unfortunately found that the reach of the running dogs of the MPAA penetrate even unto that august body.

The section…

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Perfect timing for SXSW!

Music Technology Policy

In case you were wondering what ever happened to the so-called Internet Radio “Fairness Act”, here’s another little taste of what Big Tech has in store for artists–particularly “legacy” artists, meaning artists with strong catalog from the past.  Let’s say from before 1972.

What’s magic about 1972?  That was the year that the US Congress recognized a copyright in sound recordings (February 15, 1972 to be precise).  “Pre-72 masters” as the recordings are known were protected by state law before that.  So it is not that these older recordings are not protected–such as those by Ella Fitzgerald, Count Basie, Bob Wills, Duke Ellington, Louis Armstrong, Buddy Holly, Glenn Miller or Robert Johnson–it’s just that they are not protected by federal law.

True to form, Big Tech and their pals at the National Association of Broadcasters are busily trying to screw artists on pre-72 masters out of public performance royalties on…

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A Tale of Two Petitions: Is Someone Scamming the White House Petition Site?

We have heard quite a bit about how “100,000 people have signed a White House petition!” which prompts action from the White House on a particular issue.  The implication is that the White House petition was established by an American and the response to it is reflective of the will of the people.  Meaning the American people, because it’s the American President who is being called on.  Democracy in action, right?

This emphasis on “American” is not jingoism on our part–it’s the clear implication of the petition process and is the unstated assumption of everyone discussing these petitions, and particularly of the supporters of the issue being “voted on”.  For example, Mr. Derek Khanna says he started a White House petition to “unlock” cell phones–got to love those “moral panic” narratives–and then the White House says they will support US legislation and presto chango Senator Wyden (remember him from IRFA?) and Rep. Eshoo (from Palo Alto, home to…guess who) have introduced “unlocking” legislation to make it so.  Very symmetrical.  Very.  Almost like they planned it that way.

But how did this all start?  A White House petition that was signed by 100,000 “people”.  So you would have thought that there would be some controls at the White House petition site to make sure that all this activity didn’t get started based on a false assumption–that someone had checked to see if the signers of the petition were in fact the citizens over whom the legislation will prevail.

The UK Solution

We are not the only ones who have these “e-petitions”–the UK does, too–with a few differences explained on Her Majesty’s Government’s website:

What are e-petitions?

e-petitions are an easy, personal way for you to influence government and Parliament in the UK. You can create an e-petition about anything that the government is responsible for and if it gets at least 100,000 signatures, it will be considered for debate in the House of Commons. You can find more information about how the House of Commons deals with e-petitions on the Backbench Business Committee website This link opens in a new window

So you think, “Great, I’d like to get in on that!”  Maybe you can get the House of Commons to debate making July 4th a national holiday in the UK!  So you sign up to sign an ePetition to make the UK government do back flips on your command (and 100,000 of your favorite sock puppets).  Ah, not so fast.  The Brits did run an empire, after all.  You are confronted with this sign in:

UK Govt ePetitions

So you must be a British citizen or resident in order to sign the e-Petitions.

That actually makes sense, doesn’t it?  If a government is going to establish a petition method, shouldn’t it be limited to the people who are going to have to live under the laws it might be used to create?  We were also struck by the far, far lower vote tallies in the active UK petitions compared to the US.  Could there be a connection?

This all makes sense to us and also, more importantly, to the UK government.  If US residents or citizens want to express their views about something in the UK, there are plenty of casual polls they can game…sorry…vote in.  They don’t need access to the right to petition the UK government.  Seems like we fought a war about that once.

The White House Petition

So having established that the UK government sensibly blocks (or at least tries to block) non-residents and non-citizens from petitioning the UK government, we expected to find the same controls present in the White House petition site.  Not at all.

You do have to sign up for an account and give your email and name–a zip code is optional.  So just as a test, we signed up for an account and instead of giving a US zip code, gave the UK postal code for the Houses of Parliament in London.  That’ll surely get us rejected by the White House, right?  The UK uses letters and numbers, not related in any way to a zip code.

So here’s the petition we tried to sign up for: Designate May 20th as Macho Man Randy Savage Day

White House Petitions

So when you try to sign up, you are told to put in name and email and the optional zip code.

White House Petitions 2And here’s what happened when we signed up and got a White House petition account using the UK postal code:

White House Petitions Membership

We found this incredible, so asked friends in the UK and in Canada to try to sign up to vote for the Macho Man, fully expecting that their IP addresses would be geoblocked.  Nope–both were able to sign up and both were able to vote for Randy Savage and used UK and Canadian postal codes to do so.

So who signed Mr. Khanna’s petition?

Music Technology Policy

Greg Sandoval is one of the great reporters on tech and music.  While I don’t always agree with him, I think he’s fair and one thing I know for sure–he is old school when it comes to getting facts and sources right.  So when Sandoval says Spotify is going back to the well to drive down artist royalties even further, you better believe that I believe him.

According to his story at the Verge:

About 70 percent of Spotify’s revenues pays music-licensing fees while another 20 percent covers customer acquisition, these sources said. That leaves 10 percent to pay all of the company’s other costs, including its much praised technology platform. Insiders have told The Verge that this cost structure zeroes out Spotify’s profits.

So brace yourself–Spotify is about to do a Pandora-style argument about how artists should take even less because Spotify’s “profits” are consumed by royalties.  (And…

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Music Technology Policy

MTP readers no doubt saw the coverage on last month’s installment of the USC-Annenberg Innovation Lab transparency report that identified ad networks that facilitated IP theft.  Now we see that this month’s report names brands.  You can read all about it here.

Here’s a sample of the top brands driving brand sponsored piracy and theft from artists:

Amazon

American Express

AT&T

BMW

Buick

Converse

Dropbox

Equifax

FingerHut

General Motors

Honda

K Swiss

Lenovo

Lexus

Mazda

Mercedes Benz

Nationwide Insurance

Nissan

Nokia

Progressive Insurance

Saks Fifth Avenue

Samsung

State Farm Insurance

Toyota

Transunion

Verizon

Victoria’s Secret

Visa

Volkswagen

WalMart

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Music Technology Policy

There are lots of people who have had lots of questions about Gmail, Google’s “free” email service.  You know, “free”–as in you give them your data and they sell it to advertisers to push ads to you in your emails based on–what exactly?

I haven’t met anyone who doesn’t believe that the ads get to your email by scanning your emails for keywords.  And therein lies the rub for doctors, lawyers and–world governments.  What does Google say about this?  Well, they don’t say they monetize your “information” (meaning your email correspondence).  They also don’t say that they read your mail, or at least not exactly.

Here’s what they say (or what they said today in response to criticism from Microsoft) according to Politico’s Morning Tech:

“‘Advertising keeps Google and many of the websites and services Google offers free of charge. We work hard to make sure that ads are…

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Remember when we asked you to comment on the Copyright Office rulemaking for compulsory (or “statutory”) mechanical licenses? We’ll be posting some of the comments that did go up on the Copyright Office site starting with this one from Chris Castle at MusicTechPolicy

Music Technology Policy

We’re all mad here…

Alice’s Adventures in Wonderland, by Lewis Carroll

The following are my initial comments to the current proposed rulemaking at the Copyright Office that would, in my view, give digital streaming services a pass on transparency and accountability for their extraordinarily low royalty payments.  The reporting on the ridiculously low royalty payments from services like Spotify assume one key fact that is not in evidence–that the royalty, however low, is calculated correctly.

Given the extraordinary sloppiness in the compulsory licensing system and the prohibition in the Copyright Act against songwriters and artists being able to audit statutory mechanical royalty payments, I have to agree with National Music Publishers Association President and CEO David Israelite (quoted again below): “It’s almost as if you had a tax system where there were no penalties if you didn’t file your taxes.”  First they take away the songwriter’s right to…

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