Weekly News and Recap! Sun Aug 19, 2012

Grab the Coffee!

After a brief break the weekly news is back. We also encourage our readers to send us news and stories you discover that you’d like to share with other Trichordist readers. Send your submissions to:  the trichordist (one word) at mail dot com. That’s mail dot com, no “g”.

Recent Posts:
* BMW’s Response to Ads for Its Brands on Pirate Sites
* Isohunt: Bringing People Together on the Wall of Shame
* Mullets, Platform Shoes, Mack Daddies and Public Knowledge
* Dead Kennedy’s Exploited by Charter, Blizzard, Alaska Airlines and 1-800Flowers
* Dear American Express: Stop advertising on sites that illegally exploit my music.
* Free Pussy Riot Now! This is what Real CENSORSHIP Looks Like.
* Who Speaks For The Internet? Do Artists have No Voice Online?

Pussy Riot sentenced to Jail Time, where is the internet Protest and Black Out in response to Real Censorship?
– This is what real and true censorship and oppression looks like and the internet is oddly silent. As yet we’ve not seen the kind of outrage (and outage) sparked by both SOPA and ACTA, which protected artists rights against exploitation. It is sad and confusing that the internet freedom fighters such as Google, Wikipedia and others have not come to the aid of true oppression and censorship. But then again, Pussy Riot is experiencing their troubles in the real world, not online. This is a very important story and we urge all of our readers to educate themselves about it. Mark Levine writes for Al Jazeera, “There are hundreds of artists who perform under threat to their freedom and lives, who also deserve our solidarity.”
* Amnesty International
http://amnestyusa.org/pussyriot
* Free Pussy Riot
http://freepussyriot.org/

Google changes search ranking policy, internet and tech blogosphere have fetal meltdown:
– Google announced that it will start dropping the rankings of sites with a history of infringement in it’s search rankings. We and many others have been advocating this for a long time. It is both encouraging and frustrating that these seemingly impossible policies (like youtube content management and audio fingerprinting) just make it appear to us that Google is the boy who cried wolf. That said we applaud Google, for these policy changes that have the tech blogosphere whining like a baby without a bottle. Let’s be clear about this, these policies are, have been and will be about money and Google’s best interest. Eric Goldman’s piece in Forbes is representative of the kind of fetal meltdown the Google faithful are experiencing, including the EFF. Politico noted Google’s stat that  of the 4.3 Million DMCA requests filed in one month, 97% we in fact infringing. We fully expect to see more inevitable policy changes along these lines in the future, let the screaming begin…

Related : Pirate Sites lose their cookies over Google’s policy change:
– Hmmm… it’s funny how when the pirates need to “adapt and evolve” how much whining we hear. Torrent Freak reports on how The Pirate Bay and Isohunt are in a defcon 4 panic because they know, like we do, once Google acknowledges that these sites are infringing we have started down the road to real progress for creators and artists.

Pirates eat their own in response to uTorrent’s announcement to include adware in the client:
– It never fails to amaze us how those infringing and exploiting artists feel they deserve to be paid for their labor, despite running a site that denies artists the ability to be compensated for their labor. We love this quote from one of the uTorrent developers reacting to the stream of criticisms, “µTorrent is an excellent application which comes for free, but you must understand that its development doesn’t. You just have no authority to sit in judgment over that.” Yes, please tell us more about the importance of being compensated for your labor…

Topspin’s Ian Rogers joins in letter arguing against the protection of Artists Rights:
– We like Ian Rogers alotl. Readers of The Trichordist will know that we frequently refer to Ian’s awesome post-sopa editorial on hypebot calling for non-legislative, cooperative solutions between the tech and content industries in the form of a content database and registry. It is with great disappointment that we saw Ian’s signature on a letter with many people who aggressively campaign against artists rights from the illegal exploitation of their work and fair compensation online. I’m not sure what artists are using Topspin these days, but it gives us pause when the CEO is so aligned with those who are seemingly so opposed to artists rights.

Controversial Tunecore CEO Jeff Price has exited the company:
– We can’t say that we’re surprised. We love Jeff for his passionate and unapologetic opinions about the record industry but often wondered about the accuracy of his perception. Jeff no doubt has done a lot of good on behalf of artists at Tunecore, but also was a bit too defensive and combative when called upon to engage in serious conversations about the reality of life for musicians in the piracy age. Jeff missed the mark and missed the point with an ill informed abusive rant aimed at the widely embraced “Letter To Emily” by David Lowery here on the Trichordist. We believe Tunecore offer a great service to many musicians, but the model would appear to have a glass ceiling. Only so many people are going to keep renewing fees for a service from which they can not recoup those fees, and/or the actual costs to make, market and promote an album. We always thought Jeff would have been better served understanding the real enemy of artists in the 21st Century is for profit piracy and not the major labels (which he oddly defends in the case of Spotify). We hope wherever Jeff lands he will have learned from this experience and continue to be a vocal advocate for artists rights.

Red State reports on the state of the Internet Policy:
– We’re always encouraged to see the issues facing artists and creators reaching a wider audience and greater awareness. Neil Stevens reports in this post from Red State on how Google still makes good money off of slavery and copyright infringement, the ever changing stories told by Kim Dotcom, and comments that Anonymous hasn’t gotten past banging on the table and screaming for what they want: free stuff, legal or not.

AdLand reports on how major brand advertising appears on sites with infringing content exploiting artists:
– We highly recommend checking the AdLand website. A lot of very useful and informative info. We like their no holds barred attitude in addressing the inequities happening online.

Things we like to see, Fair Trade Music Seattle:
– We hope to see more organizations like this for musicians and artists rights. We been saying for a while that people are willing to pay more for fair trade coffee once they’ve been educated, so fair trade music should benefit from the same philosophy to benefit working musicians.

What do Aimee Mann, Neko Case, Talib Kweli all have in common? Tune in this week and find out…
– Starting this week, we’ll be exploring the real word effects of the exploitation economy as we look at how brands, agencies and ad networks appear to be benefiting from the infringing and illegal exploitation of not only artists work in their music, but also the artists name and brand itself.

Reader Comment of the Week:
– This week’s user comment is from Bill Rosenblatt in response to the post Who Speaks For The Internet? Do Artists have No Voice Online? in which we discuss the parties who claim to speak for everyone online. Bill’s comment, “As for Mike Masnick, he’s the Rush Limbaugh of the Internet – he and his Dirtoheads…”

Who Speaks For The Internet? Do Artists have No Voice Online?

Does the internet speak for Artists? This doesn’t appear to the case. Who is the internet anyway?

We’re always kinda amazed when a singular entity or point of view “speaks for the internet” as if there is no social, economic, geographic or political diversity. Is the “Internet’ a demographic onto it’s own, and if so, what defines that demographic? Which begs the question, does “the internet” speak for you (as an artist, as an individual)? Though this entry is somewhat cute, it is also disturbing to see “the internet” as a single block with a Borg like hive mind… TechDirt reports:
http://www.techdirt.com/articles/20120718/18350719751/internet-wins-again-writer-gets-rapper-pitbull-exiled-to-alaskan-walmart.shtml

In another example we find it amusing when any ONE group alleges to speak for the internet. In the latest of what appears to be another round of Tech Funded astro turf and sock puppet groups enter the “Internet Association.” Why are we not surprised that Google, Facebook, Amazon and Ebay lead the list of members whose mandate is to represent “the interests of Internet companies.” Oh, ok, I get it now… the internet is a business and those who speak “for the internet” are really speaking for “corporate interests.” Phew, I’m glad we’re clear about that now… read on at Digital Media Wire:
http://www.dmwmedia.com/news/2012/07/26/new-advocacy-group-speaks-on-behalf-of-the-internet

What do you think? Does the tech lobby own the voice of the internet? Does no one but the internet and tech lobby have a say in the future of our online and digital lives?

Let us know what you think.

Free Pussy Riot Now! This is what Real CENSORSHIP Looks Like.

This is what Real Censorship looks like for those who confuse easily. This is sad breaking news.

(Reuters) – Three women from Russian punk band Pussy Riot were sentenced to two years in jail on Friday for their protest against President Vladimir Putin in a church, an outcome supporters described as the Kremlin leader’s “personal revenge”.

http://www.reuters.com/article/2012/08/17/entertainment-us-russia-pussyriot-idUSBRE87F1E520120817

For those who remain confused about the difference between FREEDOM OF EXPRESSION and FREE BEER (er uhm music) please read this report from Amnesty International regarding  Pussy Riot and do take action.

Freedom of Expression is truly a right to be protected and preserved, as ARTISTS RIGHTS ARE HUMAN RIGHTS:

http://www.amnestyusa.org/news/news-item/russia-urged-to-release-pussy-riot-group-as-court-prolongs-detention

SIGN YOUR NAME:
http://amnestyusa.org/pussyriot

FREE PUSSY RIOT – GLOBAL PROTESTS:
http://freepussyriot.org/

Dead Kennedys Exploited by Charter, Blizzard, @AlaskaAir and @1800Flowers

Music Piracy is not about fans sharing music. As we can see from the screen shots below this truly appears to be a mass scale, enterprise level, organized crime being funded by advertising dollars funded by major brands and companies laundered through online ad networks.

CORPORATE RELATIONS CONTACT INFO:

Alaska Airlines
Maria Koenig
maria.koenig@alaskaair.com

1-206-392-5101

1-800-Flowers
Elizabeth Castoro
ecastoro@1800flowers.com

1-516-237 4867

The Trichordist Random Reader Weekly News & Links Sun Aug 5

Grab the coffee!

Recent Posts:
* Kim Dotcom Parody Video Appears on YouTube
* Why Does YouTube Apologize to People who have Uploaded Illegally?
* A Kim Dotcom For All Seasons

Advocacy or Astroturf? Fortune reports on how Google and Facebook channel money to the EFF…
http://tech.fortune.cnn.com/2012/07/30/google-and-facebooks-new-tactic-in-the-tech-wars/

Essential reading, How Online Ad Networks support online piracy. This is business, Big Business. Music Tech Policy reports:
http://musictechpolicy.wordpress.com/2012/08/04/how-the-brands-and-ad-agencies-are-in-on-advertising-supported-piracy/

History repeats itself, Copyhype reports on James Frederick Willetts one of the OG content pirates, prosecuted in 1904:
http://www.copyhype.com/2012/08/enter-the-pirate-king/

Interesting, Demonoid under attack of DDOS strikes and domain redirection to virus software and malware, Torrent Freak reports:
http://torrentfreak.com/demonoid-starts-redirecting-to-ads-and-malware-120802/

Don’t believe the Hype, Facebook reports 83 million “Fake” users, and your band still can’t get 100,000 likes… Digital Music News reports:
http://www.digitalmusicnews.com/permalink/2012/120802facebook#2DUqPK9yMgrhd-3pomt14A

We’ve been disappointed by the delays of the “Six Strikes” ISP anti-piracy notification system going into effect, but the fact that it’s still upsetting to pirates warms our hearts. Torrent Freak reports:
http://torrentfreak.com/isp-six-strikes-anti-piracy-scheme-120803/

Spotify subscriber stats were released this week, but the question remains, will it scale? Digital Music News reports:
http://www.digitalmusicnews.com/permalink/2012/120731spotify#6orxX825bqy7BuKYOEPlpA

Ugh. The state of California bet almost 2% of it’s budget on the Facebook IPO hoping for easy money to help the states budget crisis. Guess what? Now it’s worse… Bloomberg reports:
http://mobile.bloomberg.com/news/2012-08-02/california-says-tax-revenue-at-risk-from-facebook-drop.html

Kim Dotcom Parody Video Appears on YouTube

We have been alerted to the video below as reported by AdLand.  The video is a parody spoof of Dotcom’s own propaganda clip released last week. This one is aptly titled the “Permissionless Innovation Remix – Lessig Edition”. Enjoy, and pass it on.

The war for my stolen fortune has begun
Artists are fighting for their rights
Any sane person would see I’m a piece of shit
But don’t let them take away my Ferraris

Can you believe
I think I’m like Dr King
When I steal from artists and they try to fight?
They work their whole lives
To express what’s inside
But I don’t understand the word copyright

Keep my thievery going
Keep my ego growing
Keep the truth from showing
My pursuit of money
Money
Money

I won’t give up, without a fight
My Rolls Royce is a pretty white
Oh never mind I have more than one
Because of all the stealing I have done

I’ve made half a billion I am Kim.com
By stealing money and costing jobs
I sail on a yacht I am Kim.com
And ask the poor to sing my song

We must oppose those who really know
and want to take all that is mine
We must not expose to kids who don’t know
I made a fortune from doing crime

I won’t give up, without a fight
My Rolls Royce is a pretty white
Oh never mind I have more than one
Because of all the stealing I have done

Entertainment industry
I stole from them endlessly
Can I get away with it
Can I get away with it

I won’t give up, without a fight
My Rolls Royce is a pretty white
Oh never mind I have more than one
Because of all the stealing I have done

It starts with you and me
And all of my money
It starts with you and me
And all of my money

I’ve made half a billion I am Kim.com
By stealing money and costing jobs
I sail on a yacht I am Kim.com
And ask the poor to sing my song

The Trichordist Random Reader Weekly News & Links Sun Jul 29

Grab the Coffee!

Recent Posts:
* Wall Of Shame : BMW Willing To “Drive” Without License
^^^ thanks to those who have written to BMW! ^^^
* Five Things That ISPs Can Do Today to Stop Ripping Off Artists
* PayPal to Pirates “No Cash For You”
* Artists: Be The Change, Submit Comments! Deadline EXTENDED to August 10th
^^^ thanks to those who have written comments! ^^^

A worthy Kick Starter that speaks to the power of Music, “A film about the power of music and the social worker who uses it to “awaken” patients with dementia and Alzheimer’s.”
http://www.kickstarter.com/projects/1406732546/alive-inside-a-story-of-music-and-memory

It seems like every day more and more artists and creators are learning how their work is being illegally exploited and monetized online by companies like Google. In the latest protest we find Pete Townsend of The Who, Brian May of Queen and Robert Plant of Led Zeppelin (the music of all three legendary artists was featured during the Opening Ceremony of the 2012 London Olympics) have issued a statement noting how Google appears to be enabling mass scale piracy. Simon Cowell and others also signed the letter being sent to Prime Minister David Cameron. The letter states “Search engines must “play their part in protecting consumers and creators from illegal sites,” the signatories say, adding that broadband companies and online advertisers must also do more to prevent piracy.” Read more at The Telegraph UK:
http://www.telegraph.co.uk/culture/music/9421537/Simon-Cowell-and-Tinie-Tempah-attack-Google-over-piracy.html

We love it when artist speak up and speak out for themselves! Kim Dotcom is not the “Robin Hood” hero he’d like people to think he is and this week the absurdity of his self generated propaganda was parodied on YouTube, Adland reports:
http://adland.tv/content/kim-dotcom-propaganda-song-vs-premissionless-innovation-remix-lessig-edition

The Kim Dotcom comedy show keeps going… Hollywood TV director Bruce Leddy asks Dotcom, “Can I Borrow Your Lamborghini?” Read on at the Hollywood Reporter:
http://www.hollywoodreporter.com/news/kim-dotcom-megaupload-cougar-town-bruce-leddy-353780

So how much does Spotify actually pay? We still don’t know, but this week Prefix posted a chart of the four different payment tiers that Spotify is said to be paying out from .0012 per play for Mobile Streams to .0153 for Premium Streams. Isn’t a Mobile Stream a Premium Stream by default because only Premium Subscribers can stream on mobile devices? Hmmm…
http://www.prefixmag.com/news/spotify-premium-pays-artists-and-labels-three-time/67366/

“Ouch! Quit it!” Temple Law Prof Prof David Post responds David Lowery’s debunking of the “Jefferson Anti-Copyright Myth.” We’re still not sure what he’s saying, read on at his blog:
http://www.volokh.com/2012/07/24/my-mother-would-be-so-proud/

As we’ve mentioned before, we always find it amusing when any ONE group alleges to speak for the internet. In the latest of what appears to be another round of Tech Funded astro turf and sock puppet groups enter the “Internet Association.” Why are we not surprised that Google, Facebook, Amazon and Ebay lead the list of members whose mandate is to represent “the interests of Internet companies.” Oh, ok, I get it now… the internet is a business and those who speak “for the internet” are really speaking for “corporate interests.” Phew, I’m glad we’re clear about that now… read on at Digital Media Wire:
http://www.dmwmedia.com/news/2012/07/26/new-advocacy-group-speaks-on-behalf-of-the-internet

And in a related story, Jeremy Nicholl blogs about another group attempting to take ownership of the voice of the internet as the ‘Fat Cat’ Internet Defense League, read on:
http://www.jeremynicholl.com/blog/2012/07/23/the-fat-cat-internet-defense-league/
and, from Music Tech Policy:
http://musictechpolicy.wordpress.com/2012/07/26/fat-cat-signal-alert-behind-revolving-door-number-3-new-improved-astroturf-now-with-even-more-google-lobbyists/

DJ Shadow tests Bit Torrent advertising revenue sharing program. Sounds good on the surface, and we understand that Bit Torrent is just a protocol. We also support the Freedom Of Choice of any artists to explore new models that are appropriate to their needs and goals. We are however a little skeptical of this type of arrangement (affiliate payments) which historically have only benefited spammers and scammers to generate the amount of traffic and clicks necessary to be meaningful. Of course it also appears DJ Shadow may be skeptical as well as the release is unreleased catalog material (IE Demos & Outtakes) from 1992 – 1996. CIO reports:
http://www.cio.com/article/712133/Bittorrent_Looks_to_Share_Some_Revenue_with_Artists

Billy Corgan talks about how the dynamic of the internet has changed the development of new artists and muses that Nirvana would not have been able to develop to the level they had if they were a new band today. Digital Music News reports:
http://www.digitalmusicnews.com/permalink/2012/120725corgan#2ra_J1XgO9A96y5N8R5ybA

For most artists being against piracy and the illegal exploitation of their work does not mean they are against giving away free music as a promotional tool as many in the tech sphere would like to believe. Free is a powerful tool, especially for new and developing artists to build an audience, but at some point, the faucet of free needs to be turned off to convert that promotion to sustainable revenue for the artist. Ditto Music in the UK (an upstart competitor to TuneCore?) has been aggressively getting media coverage for it’s various editorials for artists. Digital Music News Reports:
http://www.digitalmusicnews.com/permalink/2012/120722free#KYQ4M__pEmmDhHsK74InDw

Speaking of free, the truth will out as they say. We were indeed curious when learning of a post this that reported on the hard lessons of attempting to charge for a product after giving it away for free. What interested us most is that it is counter to the previous tech (and music tech) blogosphere philosophy that Freemiums build the potential for a larger revenue base down the road. This now contradictory reporting is encouraging as we can see that even the most aggressive advocates for “free” have seen the failure of it as a business model. Score one for common sense (sorta), as it appears TechDirt still believes in “free” as a business model, despite the unlikely admission made in the post. Of course, we should also remember that people got free tv for generations but we’re eagerly willing to pay for it (cable) when better service without intrusive advertising was offered, read on:
http://www.techdirt.com/articles/20120714/02445619700/two-cent-doughnuts-breed-decades-bad-blood-its-not-so-easy-going-free-to-paid.shtml

Dotcom, Swizz Beats, Megabox and the myth of liberating artists from middlemen… It’s always fascinating to us to see how the bad guys are creating new and inventive business models by paying the artists directly and cutting out middle men. The funny thing about this is, since CDBaby, TuneCore and other services there hasn’t been a need for middle men in over a decade if not longer. And yet, many artists make the choice to sign with labels. Probably because the labels offer financing and promotion the artists can not provide themselves. So in the same way that “MegaBox” was going to be a game changer for artists, it must be questioned why, when any artist today can of their own choice, have access to distribution without a record label. Thus these claims always ring false to us. Also, if Megabox was to pay out 90% to artists, than it should also be paying out 90% to labels as rights holders… hmmmm… read on at Torrent Freak:
http://torrentfreak.com/swizz-beatz-on-megaupload-i-was-giving-artists-90-of-the-shit-120726/

A free and open internet should not be an illegal and dangerous one. The very same methods used to defraud consumers by those selling fake drugs are also employed by content pirates. So serious is this problem that Google settled a half a billion dollar non-prosecution agreement last year. We’d love to see the content industries adopt this same type of campaign, See here: http://www.safemedsonline.org/
http://vimeo.com/46092402

PayPal to Pirates “No Cash For You” Score Another One for an Ethical Internet!

PayPal should be celebrated as a company who supports artists rights and an ethical internet. We were pleased to find this report on TorrentFreak this week stating that the online payment processing company has banned “Major File Hosting Services Over Piracy Concerns.”

In reviewing the User Agreement for PayPal™ Service we see what appears to be the operative language:

4. Prohibited Transactions. You agree that you will not use PayPal to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties. You will not use the Service, the PayPal website or any of the services offered therein for any unlawful or fraudulent activity. If PayPal (or Wells Fargo, in connection with processing credit card transactions) has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated. Further, if such behavior involved a MasterCard or VISA credit card transaction, it may result in you/your business being prevented from registering for payment acceptance through any payment provider or directly with any bank acquirer operating under license to either the MasterCard or VISA card associations. You will cooperate fully with PayPal Wells Fargo, MasterCard or VISA to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized PayPal representatives “guest” or “member” access to any password-protected portions of your website.

It seems to us that such a provision should be standard policy and best practices for many more companies operating online to ensure legal operations. We hope many more will adopt PayPal’s ethical standards.

It appears the message being sent by PayPal is resonating in the file hosting and cyber locker communities as Torrent Freak reports:

“This has a paralyzing effect on the file-hosting industry where 90% of the users of some sites pay using PayPal,” he added.

Previously most file-hosting sites relied heavily on PayPal, but they will now have to switch to alternatives. The next question is whether PayPal’s example will be followed by others such as Visa and Mastercard.

Well done PayPal. For those about to rock, we salute you!

Eyesight to the Willfully Blind: Five Things That ISPs Can Do Today to Stop Ripping Off Artists

We are still waiting for the launch of the vaunted “Copyright Alert System” which was supposed to be up and running this month (July 2012).  Now we are hearing October.  You know what we think?  We think the ISPs have bullshitted their way through another year of profiting from human misery.

We have heard just about enough from ISPs who perpetuate blatant theft online hiding behind a variety of hollow excuses—when ISPs clearly know that they profit more from theft and are in a better position to stop it than anyone else with their snout in the digital trough.  This started with ISPs benefiting from broadband penetration largely stoked by massive digital theft, willfully ignoring repeat infringers and now using the public mobile spectrum to snort down unlicensed works.

Here’s a few ideas for ISPs—but it starts with a basic suggestion.  Go to the mirror.  However you want to try to slither out of responsibility this time, take a good look at your lying face and ask yourself if you are proud of what you are doing.

1.  Stop marketing your services to encourage theft from artists.  Fast download speeds don’t have to be measured in how many movies or recordings your users can download—they can figure that out, too.

2.  Respond to repeat infringer requests quickly—you know that the DMCA you love so much does not require a full blown federal jury trial on a link by link basis before a track is infringing.

3.  Stop bullying artists who send you notices.  Your lawyers try to scare artists by threatening to bring your big boy litigation budget down on the head of an artist who’s doing good to make the poverty line when they complain about being ripped off.  And you’re surprised that we have a problem with you?

4.  Get serious about piracy.   Stop advertising on pirate sites and commit to reducing piracy by 10% a year on your networks.  We don’t need to follow the money through some black box designed to make it hard.  We know why your ads never seem to appear on porn sites—someone will get fired if they do.  But obviously, no one gets fired when your ads appear on pirate sites because more traffic helps you sell broadband.

5.  We’re going to give you the same advice we give others who profit themselves by screwing artists—give some back.  You could put 1% of your profits into arts education and health services for artists, you’ve definitely made way more than that in the biggest income transfer of all time.  You want our music, movies, books, newspapers, photographs and illustrations for your “legitimate” services?  Do the right thing.