Weekly Recap Sunday Nov 4, 2012

Grab the Coffee!

Recent Posts:
* Techdirt Is A Never Ending “Dumb Off”
* Untruth in Advertising: Pandora’s Misleading Plea To Listeners On Behalf Of The Internet Radio “Fairness” Act.
* Mellencamp Character Assassination. The New Republic Bravely Stands Up For Corporations and Criminal Groups That Exploit Artists.

From Around The Web:

Ars Technica
Artist who sued Twitter over copyright declares victory—via settlement
The Russian underground economy has democratized cybercrime
Google settles Rosetta Stone lawsuit, its last major dispute over AdWords

Copyhype
Friday’s Endnotes – 11/02/12

Music Producer Tunnidge via Facebook
Tunnidge Facebook Post
“I am going to try and be as obvious as possible. Without being able to make money from our music it effects greatly our ability to make the music, more often it stops us.”

Vox Indie
Where’s Our Outrage When Internet “Free Speech” is Really Under Attack?
Blogspot.com, a Bridge to Piracy?

The Illusion Of More
On Letting Foxes Mind Chicken Coops

The Register UK
The Big Debate: OK gloomsters, how can the music biz be FIXED?

Zoe Keating
Towards a manifesto
“We can’t just hope that the interests of music and technology companies will always magically align with ours. We have to participate in the process. Otherwise, we just have to accept that anachronistic legislation, policies and deals will continue to be written without our input. We need public policy that reflects us. We need fair royalty schemes. We need companies to build our interests into their business models.”

Popup Pirates
Theft is not “Free Speech”

Music Tech Policy
Mellencamp Is Right, Brand-Supported Piracy Screws Songwriters AGAIN: Snakes in the Grass, @McDonalds, Google and Other Species of Vermin

Digital Music News
It Gets Worse: Pandora Executives Have Dumped $63 Million In Stock In the Last Year…
13 Extremely Scary Things About the Music Industry Today…

Tape Op
ON SPOTIFY (AND WHY I’M NOT A CONSPIRACY THEORIST AFTER ALL)

Copyright Alliance
AN INVITATION TO FREE INTERNET ADVOCATES TO JOIN US
“Without free speech, copyright protection is meaningless. The two rights are critical to artists and combined have proven to be a powerful force for social justice around the world. That is why we consistently and openly advocate for a fair and open internet that champions free speech as well as respect for authorship.”

Torrent Freak
Piracy Topsite Operators Handed Suspended Jail Sentences
IMAGiNE BitTorrent Piracy Group Members Jailed
BitTorrent Pirate Ordered to Pay $1.5 Million Damages For Sharing 10 Movies
Link ‘Pirate’ Sentenced to Pay $13,000 to NBA, NFL, NHL, WWE and TNA

AdLand
The trouble with Adsense – abusive porn ads on The Star news site [NSFW]

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

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:

https://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

Weekly Recap Sunday October 21, 2012 aka Pandorathon, On and On…

Grab the Coffee!

Recent Posts, aka The Pandorathon:
* Sign the @musiciansunion (AFM) Letter: Friends don’t let friends get IRFA’d!
* If Pandora wants Terrestial Radio Royalty Rates, Act Like It – Problem Solved!
* Tim Westergren’s Sophomore Slump. New Bill Sucks, Old Radio Fairness Bill Was Way Better.
* Screw You Too, Pandora. Part I. Pandora The Union Buster! Jail time for Collective Bargaining?
* Four Simple Reasons Why the Pandora Radio Act Screws Musicians (EZ Reader)
* Screw You Too, Pandora. Part II: Did Pandora Lie During Their IPO? Or are they just plain old greedy.
* IRFA Analysis: Section 2
* Screw you too, Pandora™ PT III. Kangaroo Court: Pandora Bill Requires Firing of Copyright Judges and Replacement with Fake Judges.
* Screw You Too Pandora! Pt IV. Why Conservatives and Libertarians Should Be Appalled By The IRFA Bill.
* Radio Fairness? Sirius/XM Paid My Band $2,213 Pandora Paid $91

And, in case you missed it:
* Amex must really like advertising on #1 copyright infringing and illegal porn linking site Filestube
* Mythbusting : Music Is Too Expensive!?
* Remembering Steve Jobs

From Around The Web.

C|NET:
* Breaking Bad’s Bryan Cranston on Piracy and TV’s golden age

SPIN:
* Downloaders Beware: Copyright Alert System Arises as Torrent Sites Enter the Cloud

COPYHYPE:
* Friday’s End Notes Oct 19, 2012

VOXINDIE:
* Blogspot.com, a Bridge to Piracy?
* Why Doesn’t YouTube Address the Real Content ID Fail?

ETHICAL FAN:
* Calling All Lawyers! uTorrent Increases “Privacy” and Counters Mass-Monitoring of Downloads

COPYLIKE via MEMEGENERATOR:
* Scumbag Steve – Downloads Music for free Buys $300 headphones
* Join Copylike on Facebook

THE CYNICAL MUSICIAN:
* If a Tree Falls in the Forest and Nobody Hears It…

TORRENTFREAK:
* Microsoft Will Ban Halo 4 Pirates from XBOX Live
* Maybe he should have thought twice? Pirate Bay Founder in Jail.

DIGITAL MUSIC NEWS:
* Trent Reznor returns to Major Label System

HYPEBOT:
* SXSW announces first 40 Panels for 2013

MUSIC TECH POLICY
* Betting the Company: The Internet Radio Fairness Act has little to do with the Internet, Radio or Fairness
* An Overlooked Brookings Institute Study on Fighting Piracy at the Corporate Level

AFM:
* Check out the American Federation of Musicians on Facebook

CREATIVE AMERICA:
* Petition for an Internet The Works for Everyone

Four Simple Reasons Why the Pandora Radio Act Screws Musicians (EZ Reader)

The intentionally misnamed “Internet Radio Fairness Act” (IFRA) should actually be called the “Pandora Greed Screwing Musicians Bail Out Act” and here’s four simple reasons that everyone can understand why the rate setting in this bill, is in fact UnFair.

1) Pandora negotiated their royalty rate based on functionality.  Other formats of digital radio have different functionality, so they pay different rates.  If Pandora wants to pay a rate like another format of digital radio, then Pandora should function like that format.  They don’t. That’s why Pandora’s rates were fairly negotiated after carefully determining how Pandora actually functions.  As Westergren said in 2009–“The royalty crisis is over!”  Until it’s not, apparently.

2) Other online content services that are dependent upon music for their primary source of revenue such as Spotify and Itunes distribute 70% of their gross keeping a 30% margin for all operating costs. Pandora is complaining about paying only 50% of gross revenues and Tim Westergren wants to pay even less so that he can show Wall Street analysts that Pandora can make more profit.   Not to mention propping up the price of his own Pandora stock for a little bit longer (that he’s selling for about $1 million a month.)

3) It seems strange that Pandora could sell investors on the profitability of its business model during it’s IPO but now seems to think that model doesn’t work. Is this incompetence, or a deliberately dishonest and greedy transfer of wealth in a Wall Street Style bail out by asking Congress to change the law and move the goal posts? A two year old could figure out this is UnFair. Did Pandora think they could make a go of their business at the current rates during the IPO when they cashed out, or have they abandoned that idea now?

4) Pandora uses recordings on a government-mandated compulsory license which means artists have no ability to remove their music from Pandora even if they feel the rates are unfair. (This is like the compulsory license and statutory rate for songs–aka, “prison”.)  Again, both Spotify and Itunes allow artists to remove their music from those services if they so chose. Pandora will force artists into a deal they can not opt out of, this is UnFair.
You May Also Like More Info about PANDORA:

Screw You Too, Pandora. Part I. Pandora The Union Buster! Jail time for Collective Bargaining?

Tim Westergren’s Sophomore Slump. New Bill Sucks, Old Radio Fairness Bill Was Way Better.

If Pandora wants Terrestial Radio Royalty Rates, Act Like It – Problem Solved!

We have no problem with Pandora getting parity with terrestrial radio royalty rates, just disable all of the user interactivity and function exactly like Terrestrial Radio to get exactly the same rates. Isn’t this just obvious?

Simple. Done.

Fair.

In truth, Terrestrial Radio in just about every country outside the USA pays performance royalties to artists and rights holders. So yes, there also should be parity, and Terrestrial Radio in the USA should be paying artists performance royalties as well. The selective reasoning of those who seek to exploit artists seems to know no bounds in it’s lack of consistency or logic.

Stay tuned for more…

Tell Congress: Don’t Slash Music Creators’ Pay

http://musicfirst-coalition.rallycongress.com/7986/tell-congress-dont-slash-music-creators-pay/

Remembering Steve Jobs

This week marked the one year anniversary of the passing of Steve Jobs. He was by most accounts a complex man of many contradictions. One thing was clear about him however, he loved music and respected artists. It was this genuine appreciation for the arts that is said to have driven his sense of design, look, feel and performance of Apple products. With the iPod and iTunes Steve and Apple made the most significant change to the record business probably since the introduction of the 12″ long play album.

It’s easy to slip into revisionist history about the iPod, but the truth is that the product launch was delayed pending the verdict in the Digital River Mp3 player trial. Only after it was clear that the iPod was not violating any rights did the product launch. Apple very well could have also achieved market dominance of the iPod without introducing a legally paid music store, but Steve recognized an opportunity that would be mutually beneficial to both Apple and artists alike.

Although controversial when it launched in 2003 (for ala carte song downloads), the Itunes Store is still the most successful online music start-up ever. Most important in recognition of that fact is acknowledging Itunes is a model that takes into account and benefits all stakeholders fairly. The prevailing wisdom of the internet and tech community was then (and sadly remains largely so today) to be one of greed and exploitation of both artists and rights holders.

It is precisely this intention and respect that makes the iTunes store great. When Steve rolled out iTunes for indie labels he said, “Things for you are going to get worse, they are not going to get better. Payment is optional, this will help you compete against illegally free by providing a better user experience, at a reasonable price.” He was right on all counts.

Thanks Steve, if only more people in the internet and technology community had as much respect for the arts and artists as you did we’d all probably be a lot better off. We miss you, sail on.

Mythbusting : Music Is Too Expensive!?

Music has never been less expensive to own, legally. We often hear that if music were cheaper, artists would sell more, but this is simply not true. Myth busted, read on.

Digital Music News – Worse Than Worst Ever? Tommy Boy Starts Number-Crunching Again…

“The first Beatles album in America came out in 1964 at $4.98 list,” Tommy Boy continued. “In today’s dollars that would be $35 for a 28 minute, monophonic 8-song album.”

In other words, using today’s pricing of $9.99 for an Itunes album would have only cost $1.35 in 1964… Even if you wanted to entertain a $20 CD (are there any $20 CDs these days?), the same would have only cost $2.70 in 1964. That’s nearly half of what it actually cost then.

So in the very worst case scenario, music is STILL 45% less expensive today than it was in 1964! And that’s calculated on a $20 CD! If you calculate the difference for an Itunes download, and full album today costs 86% LESS than it did in 1964…

Inflation Calculator: Bureau of Labor Statistics

Today’s $8.00 hr Min Wage equates into only $1.08 in 1964. But, the Federal minimum wage in 1964 was actually $1.25… so today’s minimum wage, adjusted for inflation actually has MORE buying power than it did in the 60s.

This is the weakest argument ever for the decline in music sales… the weakest… And, low ticket items (like 99 cent songs) or the most resilient in a bad economy. It’s durable goods like cars and washing machines that take the big hit.

Let’s look at 35 years of historical data 1973 – 2008 (Source IFPI). *

73-08salesnapsteritunesSo it looks like the economy and consumer competition really isn’t that big of a factor after all, again, looking at 35 years of data… the late 90’s may have been the peak, but that’s only because of the onset of illegal exploitation of content without compensation that began at the turn of the century.

Let’s also remember that each decade saw it’s own added consumer competition.

The 70s saw the initial release of VCRs and Video Cassettes as well as video game consoles and cartridges.

The 80s saw home video boom as VHS matured, cable tv boomed, new types of youth sports took hold.

The 90s saw the introduction of DVDs, home computers became household items, people started paying for internet service, and cell phones began to be common place… each offering competition to music sales, but not free music itself.

Yet through each one of those decades (without rampant online piracy) sales grew steadily until p2p sharing and broadband reaches ubiquity at the turn of the century…and then, the sales plummet.

It’s also important to note that sales of recorded music (in all formats combined) started dropping with the onset of Napster and affordable broadband. Many assign the decline of recorded music sales to the introduction of ala carte song sales and Itunes. However, Itunes didn’t launch until the end of 2003 and this introduction of legal ala carte song sales did not accelerate the decline of paid sales (nor did it slow it).

* Chart includes all formats including Track Equivalent Albums whereby every 10 songs = 1 logical album unit.

Weekly Recap & Links Sunday Sep 30, 2012

Grab the Coffee!

Trichordist Recently Posted:
Why are Internet Freedom Fighters always fighting against the Internet Freedom of Artists?
Is The New Internet Association Really Just A Pro-Corporate Version Of The Pirate Party? No It’s a Transparent Ploy by Google To Curry Favor With Congressional Republicans.
Artists Utilize Power of Internet to Get Paid 
Ad Sponsored Piracy Gains Attention and Awareness in Europe
Is it The Pirate Party, or The Pirate Lobby?
Mythbusters, Why Internet Pirates Will Not Win (and should just get over it)
Class Act: Amanda Palmer.
Pandora, Please Stop discrimination against Musicians!
So much for Post-Scarcity, unless Electricity is free?
Google Pro-Artist Policy Changes Challenge Allegations of “Net Censorship”

From Around the Web:

FastCompany:
* Samsung Muscles In On New Territory – Providing Digital Content

VoxIndie via NPR:
* via NPR-How Much do Artists Make on Youtube?
* YouTube Shares Ad Revenue With Musicians, But Does It Add Up?

CopyHype:
* Friday’s Endnotes 09/28/12

Digital Music News:
* Spotify Is Almost Profitable in Europe?
* Deadmou5 witholding latest album from Spotify
* Gee, That’s Funny: Grooveshark Has the Entire deadmau5 Album…

Torrent Freak:
* Canadian Government Learns about the rogue nature of Ad Networks
* Six Strikes Cooperative ISP/Content Initiative coming soon?
* More pirate convictions, this time Jail and 1.1m Euros Fine

Ethical Fan:
* Comcast May Owe Content Owners $1.6B A Year Or More

Music-Tech-Policy:
* Not So Stoopid After All: Firedoglake Reports that Google Pulls Utoopi App
* Updated: A New Twist on Artist Consent Provisions: Protect Your Right to Say No to @mcdonalds ads on pirate sites
* The Wall of Shame Diaspora Jumps the Pond: UK Authors Speak Out on Brand-Supported Piracy

Copyright Alliance:
* Internet Freedom and Protection of Authorship: A Winning Ticket

Why are Internet Freedom Fighters always fighting against the Internet Freedom of Artists?

We’re always a little amazed when site like Hypebot takes up the fight for internet freedom, as long as that freedom does not include artists rights. Recently the site has confused the difference between a $20 settlement for illegal downloadingversus a $9,250 per song judgement for copyright infringement.

It seems to us, that getting off the hook for $20 per song is a pretty good deal. Should a person downloading also be found to be uploading and distributing (you know, infringing copyright) than they might want to think twice before pushing back too hard or they could end up like Joel Tenenbaum and Jammie Thomas. Both of whom were found guilty of copyright infringement by a Jury of their peers and awarded damages upheld by the courts.

It’s troubling when sites that state they are trying to help musicians are actually making arguments to support the people who exploit artists and rip them off, but not the artists themselves.