Over 50 Major Brands Funding Music Piracy, It’s Big Business!

Below is a partial list of over 50 major brands who are advertising on pirate sites and therefore supporting not only music piracy, but also the mainstream piracy of films and every other kind of digitally distributed work. As we’ve stated before the content industries may have the ability to address mass scale, enterprise level, commercial infringement without necessarily requiring any new legislation.

What we find frustrating is that the major content companies and corporations must have existing relationships with these brands as the content and media distribution companies own the television networks (at the very least) that these brands are dependent upon for the mass scale and mainstream promotion of their products and services.

The major content companies as well as their well respected institutions such as The Academy Of Motion Picture Arts and Sciences (The Oscar’s), The National Association Of Recording Arts and Sciences (The Grammy’s) and The Hollywood Foreign Press Association (The Golden Globes) all host annual award shows where many of these brands are also advertising. Why isn’t it possible to use that opportunity to educate these brands about the damage they are doing to the creative community? In other words, where are the adults?

What is disappointing is that the same people pushing for new legislative solutions could also be leveraging their relationships with the brands and advertising agencies directly to educate them about the seriousness of this problem. The same goes for the banks and payment processors such as American Express, Master Card, Visa and others. At least one company, Paypal has been very proactive in severing it’s ties and services with illegal and infringing sites, we wish more would to the same.

The US Trade Representative’s list of sites in the Notorious Markets List combined with Google’s transparency report for copyright infringement via legitimate DMCA notices to delist links from its search engine provides a very effective list of sites where no advertising should appear as a simple baseline of “best practices”.  (Of course, the Google list does not include YouTube or Blogger.)

http://www.google.com/transparencyreport/removals/copyright/domains/?r=all-time

GoogleTransparencyReport

Keep in mind the screen shot above only lists the Top 20 sites of the almost 200,000 in total that are receiving DMCA notices for copyright infringement.

Clicking on the name of any of the brands below will take you to a post that contains the screen shot of the ad itself. What is also important to note is what brands are NOT on this list.

Brands like Coke and Pepsi do not seem to appear on pirate sites, and that can’t be an accident anymore than it not being an accident that these other brands do appear on pirate sites. So for that, we applaud Coke and Pepsi for their respect to the creative community.

Who knows, perhaps the content industries should use their might, weight and prestige to create an award for brands who respect the creative community in a public forum that enhances value for the brand by the endorsement of artists, musicians, filmmakers and other creators. Just a thought if anyone is reading…

We might also suggest that the brands on this list think about adopting the Bill of Rights for Online Advertisers by Benjamin Edelman of The Harvard Business School.

Five rights to protect advertisers from increasingly powerful ad networks — avoiding fraudulent charges for services not rendered, guaranteeing data portability so advertisers get the best possible value, and assuring price transparency so advertisers know what they’re buying.

Brand  Pirate Site  Artist
Adobe Files Tube Tom Waits
Adobe Files Tube 30 Seconds To Mars / Jared Leto
Adobe Torrent Reactor Neil Young
Adobe Iso Hunt Neil Young
Adobe Kick Ass Torrents Neil Young
ADT Security 4Shared Tom Waits
Alaska Air Iso Hunt Neil Young
Alaska Air Kick Ass Torrents Neil Young
Alaska Airlines Torrent Reactor U2
Amazon 4Shared U2
American Express 4Shared Adele
American Express Delta Airlines Card Mp3 Twister Black Keys
AT&T Mp3 Twister Black Keys
AT&T 4Shared Smashing Pumpkins / Billy Corgan
AT&T Mp3Skull Smashing Pumpkins / Billy Corgan
AT&T 4Shared Adele
AT&T mp3 Skull U2
AT&T mp3 Skull John Mellencamp
AT&T Kick Ass Torrents Neil Young
Audi Mp3Skull Smashing Pumpkins / Billy Corgan
BMW 4Shared Smashing Pumpkins / Billy Corgan
BMW Kick Ass Torrents Tom Waits
Boston Market 4Shared Smashing Pumpkins / Billy Corgan
Boy Scouts of America Torrent Reactor Neil Young
British Airways Kick Ass Torrents Adele
British Airways Mp3 Crow Adele
Century 21 4Shared U2
Charmin Toilet Paper Iso Hunt Neil Young
Charter Cable mp3 Raid U2
Citi Bank 4Shared Smashing Pumpkins / Billy Corgan
Citi Bank 4shared John Mellencamp
Cooper Mini (BMW) Files Tube Neil Young
Cox Cable 4Shared John Mellencamp
Crate & Barrel Files Tube U2
Direct TV Kick Ass Torrents Neil Young
Dish Network Mp3 Twister Black Keys
Ebay Kick Ass Torrents Neil Young
Electronic Arts Need for Speed Mp3 bear Neko Case
Emirates Airlines Files Tube 30 Seconds To Mars / Jared Leto
Ferguson Kick Ass Torrents Talib Kweli
Ford Files Tube 30 Seconds To Mars / Jared Leto
Ford Files Tube Neil Young
Go Pro Files Tube 30 Seconds To Mars / Jared Leto
Google Chrome Mp3 Juices Talib Kweli
Hertz Rent A Car 4Shared Smashing Pumpkins / Billy Corgan
Hewlett Packard Files Tube Neil Young
Hewlett Packard Mp3 Skull U2
Hewlett Packard Files Tube U2
Hewlett Packard Mp3 Skull U2
Hewlett Packard h33t U2
Hilton 4shared Tom Waits
Hyatt 4Shared Tom Waits
Hyundai Mp3Skull Smashing Pumpkins / Billy Corgan
Jet Blue h33t U2
Kayak h33t U2
Kohler Kick Ass Torrents Talib Kweli
Legal Zoom Iso Hunt Neil Young
Levi’s Mp3 Bear Neko Case
LG Files Tube 30 Seconds To Mars / Jared Leto
LG Files Tube Neil Young
LG Files Tube Tom Waits
M&M’s (Mars) Share Beast Black Keys
Macy’s Mp3 bear Neko Case
Marvel Avengers Alliance Mp3 Bear Neko Case
Mazda Mp3Raid Smashing Pumpkins / Billy Corgan
Mini Cooper (BMW) Files Tube Tom Waits
Mitt Romeny 4Shared Tom Waits
Movie 43 (Relativity Media) Mp3 Boo Black Keys
Musicians Friend 4Shared Smashing Pumpkins / Billy Corgan
Nationwide Insurance MediaFire Mp3 Aimee Mann
Neiman Marcus Mp3Skull Smashing Pumpkins / Billy Corgan
Neiman Marcus Mp3 Juices Talib Kweli
Netflix Mp3 Skull John Mellencamp
Nissan Mp3 Boo Black Keys
Nissan Mp3 Take Adele
Nissan MP3 Ape Adele
Priceline 4Shared Tom Waits
Princess Cruises Files Tube Neil Young
Princess Cruises Mp3 Bear Neko Case
Register.Com Kick Ass Torrents Talib Kweli
Rejuvenation Files Tube U2
Sheraton Hotels mp3 Skull U2
Sheraton Hotels 4Shared U2
Skype Mp3 bear Neko Case
Sprint Torrent Reactor U2
State Farm Insurance Mp3 Crank Tom Waits
State Farm Insurance Torrent Reactor U2
State Farm Insurance Kick Ass Torrents Talib Kweli
State Farm Insurance Torrent Reactor Neil Young
State Farm Insurance Iso Hunt Neil Young
State Farm Insurance Kick Ass Torrents Neil Young
State Farm Insurance Mp3 Skull U2
State Farm Insurance 4Shared John Mellencamp
State Farm Insurance Mp3 Skull U2
Sweetwater 4Shared John Mellencamp
Target Mp3Skull Smashing Pumpkins / Billy Corgan
Target MP3 Ape Adele
Target Kick Ass Torrents Neil Young
Target Mp3 Crank Tom Waits
Target Files Tube 30 Seconds To Mars / Jared Leto
Tunecore 4Shared John Mellencamp
United Airlines mp3 Bear U2
United Airlines Files Tube U2
United Airlines h33t U2
Urban Outfitters 4Shared Smashing Pumpkins / Billy Corgan
Urban Outfitters Files Tube Tom Waits
Urban Outfitters mp3 skull U2
Virgin Atlantic IsoHunt Smashing Pumpkins / Billy Corgan
Visa Mp3 Crank Tom Waits
Volkswagen Files Tube 30 Seconds To Mars / Jared Leto
W Hotels 4Shared John Mellencamp
Weight Watchers 4Shared Tom Waits
Wendy’s Kick Ass Torrents Tom Waits
Westen Hotels Kick Ass Torrents Neil Young
Westin Hotels Kick Ass Torrents Tom Waits
Westin Hotels 4Shared U2
Westin Hotels mp3 Raid U2
Westin Hotels 4Shared John Mellencamp
Williams Sonoma IsoHunt Smashing Pumpkins / Billy Corgan
Yahoo Mp3 Bear Neko Case
Yahoo Dilandau Tom Waits

Remember all change is local, and you vote with dollars. If we don’t take action directly ourselves we can’t really blame others. These brands are paying the pirate sites to give away your music (directly or indirectly). One tweet a day to any of these brands is all it takes to start building awareness.

You, yes you, can make a difference. Which of these brands do you support with your money? Let them know you don’t want your money, that you pay to them, being used to promote online music piracy and artist exploitation.

We’re going to be tweeting a brand a day starting tomorrow. Retweet us if you like.

Here’s a directory of the brands on Twitter. Please feel free to copy/paste this simple suggested tweet to them:

@Brand Stop Supporting Online Music Piracy #StopArtistExploitation http://wp.me/p2hvgt-1xH

@Adobe – https://twitter.com/Adobe

@ADTstaysafe – https://twitter.com/ADTstaysafe

@AlaskaAir – https://twitter.com/AlaskaAir

@amazon – https://twitter.com/amazon

@AmericanExpress – https://twitter.com/AmericanExpress

@ATT – https://twitter.com/ATT

@Audi – https://twitter.com/Audi

@BMWUSA  – https://twitter.com/BMWUSA

@bostonmarket – https://twitter.com/bostonmarket

@boyscouts – https://twitter.com/boyscouts

@British_Airways – https://twitter.com/British_Airways

@CENTURY21 – https://twitter.com/CENTURY21

@CharterCom – https://twitter.com/CharterCom

@Citibank – https://twitter.com/Citibank

@MINIUSA – https://twitter.com/MINIUSA

@CoxComm – https://twitter.com/CoxComm

@CrateandBarrel – https://twitter.com/CrateandBarrel

@DirecttTv – https://twitter.com/DirecttTv

@DishSatellite  – https://twitter.com/DishSatellite

@eBay – https://twitter.com/eBay

@EA – https://twitter.com/EA

@Air_Emirates – https://twitter.com/Air_Emirates

@FergusonShowrms – https://twitter.com/FergusonShowrms

@Ford – https://twitter.com/Ford

@GoPro – https://twitter.com/GoPro

@googlechrome – https://twitter.com/googlechrome

@HertzCWB – https://twitter.com/HertzCWB

@HP – https://twitter.com/HP

@HiltonHotels – https://twitter.com/HiltonHotels

@HyattPR – https://twitter.com/HyattPR

@Hyundai – https://twitter.com/Hyundai

@JetBlueAirlines – https://twitter.com/JetBlueAirlines

@KAYAK – https://twitter.com/KAYAK

@Kohler – https://twitter.com/Kohler

@LegalZoom – https://twitter.com/LegalZoom

@LGUS – https://twitter.com/LGUS

@MyMMscom – https://twitter.com/MyMMscom

@Macys – https://twitter.com/Macys

@_MarvelAvengers – https://twitter.com/_MarvelAvengers

@MazdaUSA – https://twitter.com/MazdaUSA

@musiciansfriend – https://twitter.com/musiciansfriend

@Nationwide – https://twitter.com/Nationwide

@neimanmarcus – https://twitter.com/neimanmarcus

@netflix – https://twitter.com/netflix

@NissanUSA – https://twitter.com/NissanUSA

@priceline – https://twitter.com/priceline

@PrincessCruises – https://twitter.com/PrincessCruises

@Register_com – https://twitter.com/Register_com

@RejuvenationInc – https://twitter.com/RejuvenationInc

@Sheraton_Hotels – https://twitter.com/Sheraton_Hotels

@Skype – https://twitter.com/Skype

@sprint – https://twitter.com/sprint

@StateFarm – https://twitter.com/StateFarm

@SweetwaterSound – https://twitter.com/SweetwaterSound

@Target – https://twitter.com/Target

@TuneCore – https://twitter.com/TuneCore

@UNITED_AlRLINES – https://twitter.com/UNITED_AlRLINES

@UrbanOutfitters – https://twitter.com/UrbanOutfitters

@VirginAtlantic – https://twitter.com/VirginAtlantic

@Visa – https://twitter.com/Visa

@VW – https://twitter.com/VW

@WHotels – https://twitter.com/WHotels

@WeightWatchers – https://twitter.com/WeightWatchers

@Wendys- https://twitter.com/Wendys

@Westin – https://twitter.com/Westin

@WilliamsSonoma – https://twitter.com/WilliamsSonoma

@Yahoo – https://twitter.com/Yahoo

Artists Rights Watch – Sunday Jan 27, 2013

Grab the coffee!

Recent Posts:
* Two Simple Facts about Technology and Piracy : iTunes Vs. YouTube
* Kim Dotcom’s “End Of Piracy”, that was easy…
* Obama Inauguration and White House IP Policy via IPEC, Victoria Espinel
* UPDATED: The Real Gangnam Style: Was Google Off a Couple Magnitudes on Earnings Call?
* With Friends Like These: Amazon Advertising Against Illegal Camper Van Beethoven Links While Camper Van Beethoven Gives Amazon Exclusive Content.
* Grammy Award Nominated Black Keys Exploited by… American Express Delta Airlines Card, AT&T, Dish Network, M&M’s (Mars), Nissan and others…

From Around The Web…

COPYHYPE:
* Three Reasons Copyright is Not a Monopoly

THE CYNICAL MUSICIAN:
* Commodities, Monopolies, Remixes and Rights – A Symphony

Copyrighted works are not commodities, nor are the distributors and users of such works able to operate completely independently – they depend on the creators to provide them with works to distribute and use. Thus, the restrictions imposed by copyright are not a monopoly – a distributor or user can still ply his business with regards to other works, the only thing he cannot do is use someone’s work without their permission. This law is simply an extension of the natural control a creator enjoys when he is the sole possessor of his work.

STOP FILE LOCKERS:
* Mega Piracy: It’s just the beginning
* Hotfile terminated by Paypal.
* DigiWeb accepting Payments for Kim Dotcom via Paypal and Credit Card

ILLUSION OF MORE:
* What I’d tell my own kids about piracy. Why scarcity is a good thing.

VOX INDIE:
* Content Leeches-The Dark Underbelly of YouTube’s Content Monetization
* Chronic, Ill-Gotten Gains–Google’s Web of Piracy Profit

Over the past two and a half years I’ve written extensively about Google’s ongoing link to ad piracy profits. Earlier this month USC’s Annenberg Innovation Lab released a report documenting the fact that search giant is at the head of the pack when it comes to monetizing (and subsidizing) online piracy via its ad networks. The relationship between Google and online piracy seems clear as day.

DIGITAL MUSIC NEWS:
* Aimee Mann: “My Record Isn’t on Spotify. Artists Don’t Make Money on Spotify.”
* MEGA Declares War on Pirate-Based Google Advertising…
* In the Last Year, Google Takedown Demands Have Increased 1,300%…

BUZZ FEED:
* Why Does Google Still Reward Content Scraping?

THE INDEPENDENT UK:
* Stream-age kicks: Is Spotify a musician’s friend or foe?

POP UP PIRATES:
* YouTube (and Netflix) Monetize Online Piracy

Google/YouTube will, as always, claim that it’s the rights holder’s job to police YouTube and to request that infringing content be removed.  Of course, in the interim, Google’s happy to make money and Netflix is happy to attract new customers (and make money).

THE HOLLYWOOD REPORTER:
* We’re Kind of Terrified to Search After Sundance’s ‘Google and the World Brain’

NPD GROUP:
* Driving Under The Influence (Deconstructing the “Pirates Buy More Music” Myth)

DIGIDAY:
* 10 Bad Apples of Digital Media

The Thought Leader
They write articles that get published in AdExchanger, Digiday, etc. They sit on all the panels at OMMA, Adtech, etc. Here’s a thought: Stop talking, and do what you say. I’m tired of hearing pitch after pitch about how their company is changing the world with proprietary technology, but when it’s time to put their money where their mouth is, nothing works. Then their reply is, “Well, we’re still in the infancy of this business.” It’s all bullshit, and they know it. But if they can get enough clients on the line and generate enough buzz, some stupid company will acquire them with little to no due diligence.

IRISH TIMES:
* A middleman in the great internet copyright debate (Robert Levine)

PAID CONTENT:
* Amazon opens music store for Apple devices, songs start at 69 cents

GQ:
* Kim Dotcom and the decline of HMV are not unrelated

No matter what you think of Kim Dotcom, or upload sites, it’s impossible to deny that people using sites like Megavideo for illegal downloads is a major (though not the only) reason these people are about to be unemployed. Whether that is Dotcom’s fault or that of its users – half a million signed up for Mega in the first 24 hours – is up to the courts to decide. But Dotcom’s assertions that he is opposed to privacy ring false. He claimed that “because of the business model Hollywood has, they are forcing people into piracy,” before arguing that the answer is a flat fee subscription model like Netflix or Spotify. But that isn’t the site that he has launched. He could have done just that but instead, he has intentionally created a new version of Megaupload, the most intricately designed tool for stealing other people’s hard work for free ever made, and simply made it harder for people to blame him.

TORRENT FREAK:
* Hadopi Plans Large File-Sharing Warning Increase For 2013

JONATHAN TAPLIN:
* Aaron Swartz

Simple math FAIL on YouTube revenue… Good Grief…

Music Technology Policy

According to the Washington Post’s Caitlin Dewey in her reporting about Google’s January 22 Q4 earnings call:

Youtube has become one of the biggest forces behind Google’s growth, said Nikesh Arora, Google’s chief business officer.

Viewers watched an average of 4 billion hours of video a month in 2012. Gangnam Style, the most-watched video of all time, earned $8 million in advertising revenue — or roughly 65 cents a play, Quartz calculates.

So let’s see–the “Gangnam Style” official video has as of a few minutes ago gotten 1,238,957,445 views on YouTube.  This doesn’t count all the unofficial monetized versions of the video which also have a bunch.

So let’s see–$8,000,000 divided by 1,238,957,445–even without doing the math, a simple country lawyer like me can see that it’s not possible for the per-view payment to be anything remotely close to $0.65.  (And given that a single track mp3 download on…

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With Friends Like These: Amazon Advertising Against Illegal Camper Van Beethoven Links While Camper Van Beethoven Gives Amazon Exclusive Content.

For the release of Camper Van Beethoven’s new album we set up various promotional campaigns with various web retailers.  We did a signed edition with Newbury Comics,  we gave iTunes a couple of exclusive tracks to make a bonus edition.  And we also gave Amazon a couple of exclusive tracks for their bonus edition.

Today as we are compiling and labeling our screenshots to see who is advertising on massively infringing sites like Weblagu, against our music we came across Amazon advertising against an illegal download link.  Thanks Amazon.  With friends like these who needs enemies?

Now we know what Amazon is gonna say. “We can not control where our ads end up.”   We know this is not  true because we NEVER see Apple or Coca Cola products on these sites.

And even if that were true are you telling us that online ad networks are the equivalent of Skynet?

(the page was too long I had to cut it into two screenshots.  First shows the amazon advertisement.  The second screenshot show the top of the page with the infringing link).

Screen Shot 2013-01-24 at 11.59.04 AM

Screen Shot 2013-01-24 at 11.57.34 AM

Two Simple Facts about Technology and Piracy : iTunes Vs. YouTube

Fact number one.

Unlike Google’s YouTube, Apple’s Itunes Store does not have a piracy problem, nor does it have an unmanageable issue with DMCA notices. This is often explained that this is because Apple does not allow user generated content from just anyone, therefore there is a barrier to entry that prevents such issues. But this is simply just not true, anyone can upload an album of music to Itunes using any one of the third party aggregation services such as Tunecore or CDbaby. And yet, there are not (as far as we know) hundreds or thousands of DMCA notices and content take downs on Itunes per day, as there are on YouTube. So why is this? In a word, intent.

If Apple, Spotify, Amazon and virtually every other legal and licensed distributor of digital music can put into place, the checks and balances that are capable of managing these rights effectively why is it so hard for Google to do the same YouTube? Think about it.

Fact number two.

YouTube can effectively filter content if it wants to. Since day one, we have never, ever seen any live porn on YouTube. Not a single live link to porn, ever. In debates in various online forums we have often proposed the challenge to anyone to present an active live link to full fledged porn on YouTube. It has NEVER happened. No one has EVER been able to present a live link to an active porn video on YouTube in the six plus years we and our friends have presented the challenge. Talk about a crowd sourcing FAIL.

What these two facts reveal is that rights management online, the protection of copyrights and the enforcement of Intellectual Property require nothing more than the intent and will to do so. But don’t take our word for it, listen to Google’s own Chief Economist Hal A Varian from his book “Information Rules” where he describes “Bitlegging.”

“Bitlegging” can’t be ignored: there’s no doubt that it can be a significant drag on profits.

Bitleggers have the same problem that any other sellers of contraband material have: they have to pet potential customers know how to find them. But if they advertise their location to potential customers, they also advertise their location to law enforcement authorities. In the contraband business it pays to advertise… but not too much.

This puts a natural limit on the size of for-profit illegal activities: the bigger they get, the more likely they are to get caught. Digital piracy can’t be eliminated, any more than any other kind of illegal activity, but it can be kept under control. All that is required is the political will to enforce intellectual property rights.

So Apple, Amazon, Spotify (and hundreds of others) can effectively manage digital distribution without triggering millions of DMCA notices. YouTube can effectively filter porn, and yet the internet is not broken as best as we can tell.

Maybe, just maybe this isn’t so complicated after all. That is unless one has a specific intent and motive from which they perhaps profit from the mass scale aiding of commercial level infringement.

Grammy Award Nominated Black Keys Exploited by… American Express Delta Airlines Card, AT&T, Dish Network, M&M’s (Mars), Nissan and others…

The Black Keys have been very vocal about their opposition to the payment and revenue models of new streaming services like Spotify, but we wonder how the band will feel when seeing their music generating ad revenue for commercial level infringing websites like Filestube, Mp3 Twister, Share Beast and Mp3 Boo all as from a simple Google Search.

We also wonder if any of these brands will be advertising during the Grammy Awards for which the band is nominated for Best Album. These are major brands such as American Express, Delta Airlines, Dish Network, Nissan and M&Ms. All of whom we’ve seen running television advertising campaigns for their products and services.

Here’s a quick look at a random sampling of sites from searching Google. This is despite what might be hundreds or more likely thousands of delisted links from legitimate DMCA notices. Mind Boggling…

American Express Delta Airlines Card on Mp3 Twister
AT&T on Mp3 Twister
Dish Network on Mp3 Twister
M&M’s (Mars) on Share Beast
Nissan on Mp3 Boo
Movie 43 (Relativity Media) on Mp3 Boo
Exposed Webcams on FilesTube

googleblackkeystorrents

Despite the amount of delisted links, presumably to the largest infringers, the pirate bay can still top the search results listed. Also interesting is that the reach of the ad networks seems to go very deep into a long tail of very dispersed infringing sites like Mp3 twister. It appears that as brands and agencies are learning of their ads appearing on infringing and illegal sites, the ads are starting to migrate down stream to perhaps previously less visited sites.

bk_mp3twisterAMEXDELTA

bk_mp3twisterATT

bk_mp3twisterDISH

bk_sharebeastMMS

bk_mp3booNISSAN

bk_mp3booMovie43

What is disturbing about the ad above for Movie 43 on Mp3 Boo is that it is for a film by Relativity Media, a Hollywood film production and distribution company. It’s entirely possible if we looked for this film it may already be leaked and pirated, and if not, most certainly will be within hours on the day it is theatrically released.

bk_filestuneEXPOSEDWEBCAMS

Also of interest in this batch are the porn site ads on FilesTube. Isn’t this some kind of public safety issue that minors under 18 years of age who are visiting these infringing sites to get free music illegally are being exposed to pornographers showing girls who are barely legal themselves at just 18 years old?

Is this really acceptable to our representatives on Capital Hill?

Kim Dotcom’s “End Of Piracy”, that was easy…

In the anticipation of the announcement of the new Mega launch, Pat Pilcher at The New Zealand Herald wrote an article titled “Kim Dotcom on Ending Piracy” in which the journalist listed Mr.Dotcom’s five steps to ending piracy. Pilcher writes,

As ironic as that may sound, Kim Dotcom’s logic is inescapably robust. Here’s what his end to piracy manifesto says:

1. Create great stuff
2. Make it easy to buy
3. Same day worldwide release
4. Fair price
5. Works on any device

Looking at what Kim is saying, the 5 points seem pretty obvious, although each could quickly get bogged down once Hollywood gets involved.

So let’s look at these one by one.

1. Create Great Stuff
Well, that’s a no brainer. The content industries create the most prized and sought after “stuff” in the world including films such as Avatar, The Avengers, and The Dark Night Rises as well as franchises like Iron Man, Transformers, Harry Potter and others. Music artists include the likes of Adele, The Black Keys, Taylor Swift, The Beatles and countless others. Making great stuff has never been a problem.

2. Make It Easy To Buy
Another no brainer. Perhaps a decade plus ago this might have been an argument, but not today. There are over 500 legal and licensed music services alone. For the film industry there are services like Netflix, Vudu and Cinemanow as well as other direct to home video on demand providers that give consumers more access to more content across more platforms than at any time in history.

3. Same Day World Wide Release
For music this is more less the standard now and is also more and more common for feature film releases as well. This is a common practice for the largest and most anticipated releases of music and films, the “stuff” that is the most aggressively pirated. For smaller indie releases this may not always be possible but than again I’m not sure that the problem we are combating is in Nigeria on indie rock albums and movies that are more or less film festival darlings.

4. Fair price
Done. Netflix is $7.99 a month for unlimited access to it’s entire library of films and tv shows. Spotify is $9.99 for unlimited access to it’s entire library which consist of probably 95% of every known recording in print. Add to this the cost of a song download is 99 cents. Less than the cost of a candy bar. Renting a movie from a video on demand service ranges from 3.99 to 5.99. Price is no longer an issue and has not been for years.

5. Works on Any Device
Music is DRM free and has been for at least half a decade. Streaming Services such as Netflix and Spotify are also available on every major platform including not only Mac and PC computers, but also mobile devices such as smart phones and tablets by a variety of manufacturers. Additionally most new video game consoles and blu-ray players also include many of these same apps.

So there you have it, the end of piracy. Even Pat Pilcher at The New Zealand Herald agrees a referring to a similar response from the New Zealand record industry. He writes,

Well there it is, RIANZ’s response in full. I can’t argue with much that they’ve said, as they’ve pretty much complied with most of Kim’s 5 points.

So Kim Dotcom’s five suggestions have been fulfilled and yet, I don’t think we’ll see an end to piracy anytime soon. There is still one thing piracy offers that legal, licensed and legitimate services do not, and that is compensation to the artists, musicians, filmmakers and creators which requires that consumers actually do pay the fair price asked.

It’s all pretty simple and by Kim Dotcom’s own suggestions and admission it’s pretty clear where the problem is from here on out, and it’s not in his five suggestions…

And, of course, let us not forget this classic… Kim Dotcom Parody Video Appears on YouTube

Obama Inauguration and White House IP Policy via IPEC, Victoria Espinel

As we’ve written before much of the big internet, anti-copyright blogosphere seems to live in a persistent state of denial regarding The Copyright Policy Reality Gap. We applaud not only President Obama’s support for better protection of Copyright and IP, but also Vice President Biden and we look forward to the next four years of progress for creators rights.

“What’s more, we’re going to aggressively protect our intellectual property.  Our single greatest asset is the innovation and the ingenuity and creativity of the American people.  It is essential to our prosperity and it will only become more so in this century.  But it’s only a competitive advantage if our companies know that someone else can’t just steal that idea and duplicate it with cheaper inputs and labor. ” – President Barack Obama

“…piracy is theft. Clean and simple. It’s smash and grab. It ain’t no different than smashing a window at Tiffany’s and grabbing [merchandise].” – Vice President Joe Biden

In his first term President Obama appointed Victoria Espinel to the position of US Intellectual Property Enforcement Coordinator, which was created during the Bush administration in 2008. Intellectual Property Enforcement is a bi-partisan issue that reaches across all sectors of the United States economic interest.

Intellectual property are the ideas behind inventions, the artistry that goes into books and music, and the logos of companies whose brands we have come to trust.   My job is to help protect the ideas and creativity of the American public.  One of the reasons that I care about this is because I believe it is enormously important that the United States remain a global leader in these forms of innovation – and part of how we do that is by appropriately protecting our intellectual property.  Our intellectual property represents the hard work, creativity, resourcefulness, investment and ingenuity of the American public.  Infringement of intellectual property can hurt our economy and can undermine U.S. jobs.

To learn more about the work being done, you can go here:

http://www.whitehouse.gov/omb/intellectualproperty/spotlight

Artists, photographers, authors, illustrators, filmmakers and creators of all types who rely upon the protection of their copyrights and intellectual property are encouraged to also express their gratitude and appreciation to one of our best and dedicated champions on Capital Hill.

We encourage and suggest that all creators email their support of the great work done by Victoria Espinel and the Office of the U.S. Intellectual Property Enforcement Coordinator at:

intellectualproperty@omb.eop.gov

Artists Rights Watch – Sunday Jan 20, 2013

Grab the coffee!

Recent Posts:
* Well this is Embarrassing, a Tunecore Ad on 4Shared…
* Don’t Get IRFA’d: Westergren’s Fake “Tour Support”
* Golden Globe Winner Adele Exploited by American Express, AT&T, British Airways, Target and Nissan

From Around The Web:

COPYRIGHT ALLIANCE:
* The Silver Lining of the SOPA Debate

ADLAND:
* Youtube and Google have money problems

GRAPHIC LEFT OVERS:
* Creatives Stunning Revolt Against Big Bad Business

As best I can determine, none of the creators of these images were asked to participate in a program that paid them peanuts (a one time payment of $12) and gives away their work hundreds of thousands of times. This is a great deal for Google and its users and a complete disaster for the photographers who participate against their will.

“D-Day” (Deactivation Day) is set for February 2nd and a growing number of contributors are pledging to deactivate their portfolios or pull large numbers of images until the one million image mark is met.

MICROSTOCK POSTS:
* Photographers plan to remove images from iStockphoto

THE CURTIS AGENCY:
* More Horror Stories from the Digital Book Bazaar

I have often written that piracy is the biggest threat to the e-book business. (visit Pirate Central). This is a good instance why. – Richard Curtis

DIGITAL MUSIC NEWS:
* Study: A Majority of Americans Would Support Moderate Piracy Enforcement…

MEDIABISTRO:
* How to Stop Piracy: Carnegie Mellon Professor Michael Smith at DBW

“The shutdown of Megaupload caused a statistically significant increase in digital sales,” he said, comparing numbers between countries with high Megaupload usage to countries with low Megaupload usage.

LAS VEGAS REVIEW JOURNAL:
* At adult expo, fans hunt autographs while pros battle piracy

PHILSTAR.COM:
* TFC Japan all-out in its anti-piracy campaign

“We have an office here that provides em- ployment as it serves the community it is in. We are grateful that the new anti-piracy laws in Japan recognize the ‘sensur- round’ value of the busi- ness that we bring and the empowering impact of the content that we deliver to our target audience,” says Olives.

“There are naysayers who said that piracy is an unwinnable war,” narrates Lopez. “But we believed that piracy should be treated like a disease that needs to be eliminated. You always start effective disease preven- tion through mass information. People need to know what the disease is and what it does. And you need partners who share the same faith in the cause. We found one in OMB chairman Ronnie Ricketts.”

SE TIMES.COM:
* Balkans need better intellectual property protection

“Potential investors are not much interested to invest in a country where intellectual rights are not protected,” Blagojevic said, adding that infringement of these rights has caused substantial losses to Serbia’s economy.

Citing International Data Corporation statistics, Blagojevic said the value of pirated software in Serbia in 2011 was estimated at nearly 87 million euros.

“If the piracy rate would be dropped 10 percent, the state budget revenues could increase $20 million [14.9 million euros] and some 10,000 jobs could be opened, primarily in the IT industry,” Blagojevic said.

AD AGE:
* If Pandora Can’t Monetize Mobile, Can Anyone?

MUSIC TECH POLICY:
* What’s all this then? Google’s “Ad Cops” Are Missing the Point
* How the Rate Court Cottage Industry is Leading to the Destruction of Collective Licensing
* Brand Sponsored Piracy and Award Shows: British Airways Delivers the ultimate insult to Adele

TECH CRUNCH:
* Keen On… Incubus: Limousines, Feeling Dirty and Being Kicked In The Balls (TCTV)

HYPEBOT:
* Ted Cohen On Music Tech And The Music Industry [INTERVIEW]

Do you still favor subscription over advertising-based music services?

Yes, I do. I don’t think that the advertising model so far has proved to be sustainable. I think that we have undervalued subscription. I am paying $150 a month for cable. I watch 20 or 30 hours of TV a week. I probably listen to 50 to 60 hours of music a week. I’d argue with you that music is worth more than $10 a month subscription service.

The labels were so concerned about (piracy)—and I was there at the time—that we had to come up with a price that was just a little bit more than free to convince people that they should pay. So far, we have not been able to raise the price. I think that music is worth at least $20 or $25 a month.

THE PRECURSOR:
* The Google Lobby Defines Big Internet’s Policy Agenda

READ WRITE:
* Is Kim Dotcom’s New Site, Mega, The Wild West Of Piracy?

UPDATE FROM THE CES “PRO-ARTIST” PANEL:

CES Panel Moderator and CNET writer Declan McCullagh discloses artists and creators representatives were not actually invited despite CES claiming they were. As we reported, the panel was comprised of anti-artist and anti-copyright publicly acknowledged Google paid shills.

MARIA BUSTILLOS:
* Yes and No (Lessig, Swartz and Society)