An Open Response to Peter Sunde | David Newhoff @ TIOM

The Pirate Bay’s Peter Sunde has recently stated he’s given up. His interview can be read here. David Newhoff at the Illusion Of More responds to Sunde in a brilliant open letter that is required reading.

This is what comes of evangelizing the idea that it’s okay to exploit other people’s investment of real labor and real capital in goods and services that would otherwise have regenerative value. And exploiting these types of investments is precisely what you and your colleagues did with The Pirate Bay.

At least part of the Internet you don’t like is what comes of preaching to a whole generation that they can have whatever they want, free of charge, as long as it’s just a mouse click away.  And indeed, we are lately seeing the wheels come off that naive (and frankly predatory) idea. As the leaders of Pandora and Spotify begin to see that “freemium” isn’t a business model; as Facebook’s video service “freeboots” the promised ad-share value out of the pockets of YouTube creators; and as the global network of pirate sites is revealed to be a malware-infested and sophisticated black market that preys on individual consumers, you seem to have missed the point, Peter. The “fight” you lost is not with the MPAA and the principles of real capitalism—but with the unfettered greed you helped foster on the Internet you asked for.

READ THE ENTIRE POST AT THE ILLUSION OF MORE:
http://illusionofmore.com/an-open-response-to-peter-sunde/

Pirate Bay Founder: ‘I Have Given Up’ | Motherboard.Vice

This interview is fascinating on so many levels and deserving of it’s own in depth post to explore Sunde’s comments.  Here is just a teaser…

What is it exactly that you have given up?

Well, I have given up the idea that we can win this fight for the internet.

The situation is not going to be any different, because apparently that is something people are not interested in fixing. Or we can’t get people to care enough. Maybe it’s a mixture, but this is kind of the situation we are in, so its useless to do anything about it.

We have become somehow the Black Knight from Monty Python’s Holy Grail. We have maybe half of our head left and we are still fighting, we still think we have a chance of winning this battle.

So what can people do to change this?

Nothing.

PLEASE READ THE FULL POST AT VICE-MOTHERBOARD:
http://motherboard.vice.com/read/pirate-bay-founder-peter-sunde-i-have-given-up

How Many More Records Could You Be Selling This Holiday Season If Your Album Wasn’t FREE Streaming?

happyholidays

Adele, Taylor Swift, Beyonce’, Coldplay and more artists are fully understanding the value of not giving away their work for free right out of the gate. This is especially important during the biggest consumer spending season of the year. Why would anyone with a solid fan base and known demand for their work give it away for free during most profitable window of the year? This then begs the question how many more records would you be selling this holiday season if your record was not available on free streaming platforms?

Spotify and other free streaming services should be structured more like Netflix. The film industry understands the value of strategic pricing in the context of time based value propositions. Friday night block buster movies are not available on Netflix at the same time for a good reason.

There has been a lot of good work and innovation by the film industry to create “day and date” titles that are available both in theaters and as video on demand at the time of release. However none of these are made available free to consumer on an advertising supported platform. In fact, all the major film and tv streaming services require payment of some kind, be it subscription (HuluPlus, Netflix, Amazon Prime) or transactional fees for rental or permanent download (Itunes, Amazon, Vudu).

“Or Else They’ll Steal It!”

The only argument that is ever made against the use of windows is that tired old song that they like to sing in Silicon Valley called, “Or Else They’ll Steal It.” The problem is of course, they’re already stealing it, and will continue to steal it until there are real consequences to not do so. But the film and tv industries are not listening to the song of Stockholm Syndrome. Instead the film and tv industries continue to innovate and experiment with new windows, digital distribution models and competitive pricing based on the new value propositions.

Converting consumers from “pirate 2 paid” is dependent upon giving consumers more value and pricing options, not less. If the record industry doubts this for even a split second the proof is expressed in a single word, “vinyl.”

By contrast the record industry has given away valuable profits to tech companies like Spotify who give little in return for the high value products that are being licensed. The ubiquity of distribution on streaming platforms drives the price of all products to zero.

Windowing allows for price elasticity and rewards consumers who are willing to spend more for the premier product or experience. Of course, for windowing to work there has to be a fair and regulated marketplace where artists and rights holders actually can withhold their work from various platforms should they chose to do so.

If we’ve learned anything at all in 2015 it is that YouTube is probably the single greatest threat to the ability of artists and rights holders to have a long term sustainable business. There can be no windows if everything appears on YouTube via User Pirated Content anyway. 

The grand irony here is that in a well controlled and regulated distribution system, it is far more likely that all stakeholders would have the ability to generate greater profits within their sectors. We now have a decade and a half of data behind us while heading towards the second half, of the second decade, of the new millennium. It’s time to for the adults to put an end to play time.  It’s just math and common sense.

Windows work. Period.

Business decisions need to developed through common sense, innovation and time tested principles of basic economics. We’ll repeat our previous suggestion for an industry wide, consistent windowing platform strategy below.

Windowing works better when there is a reasonable amount of consistency. Our friends in the film business have been highly effective at windowing for decades and there’s no reason why it can’t work similarly well for the record business.

Every new release should have the option to determine the release windows when the record is being set up. For example the default could be 0,30,60,90 day option for transactional sales, followed by 0,30,60,90 day option for Subscription Streaming prior to being available for Free Streaming.

Windowing is not new for the record business. The industry has never had pricing ubiquity across all releases, genres and catalogs. There has always been strategic and flexible pricing strategies to differentiate developing artists, hits, mid-line catalog, and deep catalog. An industry wide initiative to re-allign time proven price elasticity is the key to growing the business and developing a broad based sustainable ecosystem for more artists.

  • Windowing allows for Free Streaming to exist as a strategic price point.
  • Windowing allows for Subscription Streaming to exist as a strategic price point.
  • Windowing allows for Transactional Downloads to exist as a strategic price point.
  • Windowing allows for artists and rights holders to determine the best and most mutually beneficial way to engage with their fans.

Windowing is the key (as it always has been) in rebuilding a sustainable and robust professional middle class that will inevitably lead to more artists ascending to the ranks of stars. Some will become superstars and legends capable of creating the types of sales and revenues currently achieved by Adele, Taylor Swift and Beyonce’. To get there however we need to abandon Stockholm Syndrome and embrace windowing that works for everyone.

 

Quoted: Pandora CEO says free on-demand music streaming is bad | Silicon Beat

“This gray market is unsustainable. If consumers can legally listen to free on-demand music permanently without converting to paying models, the value of music will continue to spiral downward to the benefit of no one.”

Brian McAndrews, CEO of Pandora, in an op-ed published by Business Insider Tuesday.

Where have we heard this before? Now we wonder how long it may be until they acknowledge that Ad Funded Piracy Is Big Business?

READ THE FULL STORY AT SILICON BEAT:
http://www.siliconbeat.com/2015/12/02/quoted-461/

 


 

 

Streaming Is the Future, Spotify Is Not. Let’s talk Solutions.

 

Why Spotify is not Netflix (But Maybe It Should Be)

 

It’s Just Math : Digital Music Execs Exit, But will the Pivot to Paid Subs Be Enough To Save The Record Biz?

YouTube’s DMCA decision and the campaign to morph victims into villains | Vox Indie

YouTube will pay copyright court costs for a few users–not because it’s right–but to protect Google’s bottom line

According to a story in today’s NY Times, the folks at YouTube are ready to pony up cash to support some of its users “fair use” claims in court.

“YouTube said on Thursday that it would pick up the legal costs of a handful of video creators that the company thinks are the targets of unfair takedown demands. It said the creators it chose legally use third-party content under “fair use” provisions carved out for commentary, criticism, news and parody.”

You’ve probably read a lot about “fair use” lately.  It’s the Electronic Frontier Foundation’s mantra and if the folks there had their way, pretty much everything and anything would be considered “fair use.”  Fair use an important legal doctrine and when applied properly (criticism, comment, news reporting, teaching, scholarship, or research) is not an infringement of copyright.  However, these days, too often is used as a disingenuous defense for copyright theft.

READ THE FULL STORY AT VOX INDIE:
http://voxindie.org/youtube-covers-legal-costs-for-some-users/

Aurous has nothing to do with SOPA | The Illusion of More

In fact, when the lawsuit was first announced, The Trichordist rather humorously (though not at all facetiously) announced an “office betting pool” as to how soon the Electronic Frontier Foundation would file an amicus brief on behalf of Aurous. And while no serious IP attorney may reasonably defend Aurous against the infringement claims, that hasn’t stopped the EFF from repeating the latest mantra of Internet industry defenders: That [insert plaintiff here] is behaving as though SOPA became law. Although the EFF has not filed an amicus brief or anything so official on behalf of Aurous, here’s the tweet they sent out, as Ellen Seidler reports on Vox Indie:

Once again, @RIAA asks a court to order the entire world to block & filter an app they don’t like. https://t.co/Qwg138pFPB#SOPApower

While, all this SOPA chatter may be pretty good spin—and a great way to belabor the narrative that rights holders are just insidious, draconian, evildoers hating on freedom—the references to SOPA are entirely specious. I mean not even close.

Bottom Line: Aurous is a Domestic Business

SOPA/PIPA were exclusively written to target foreign-based piracy sites that are beyond the reach of U.S. jurisdiction for criminal proceedings, with the objective of starving these sites of both U.S. traffic and U.S. revenue.

READ THE FULL POST AT THE ILLUSION OF MORE:
http://illusionofmore.com/aurous-nothing-to-do-with-sopa/

Bloomberg Reports “The Fake Traffic Schemes That Are Rotting The Internet”

Uh oh… Is internet advertising just a house of cards?

Late that year he and a half-dozen or so colleagues gathered in a New York conference room for a presentation on the performance of the online ads. They were stunned. Digital’s return on investment was around 2 to 1, a $2 increase in revenue for every $1 of ad spending, compared with at least 6 to 1 for TV. The most startling finding: Only 20 percent of the campaign’s “ad impressions”—ads that appear on a computer or smartphone screen—were even seen by actual people.

“The room basically stopped,” Amram recalls. The team was concerned about their jobs; someone asked, “Can they do that? Is it legal?” But mostly it was disbelief and outrage. “It was like we’d been throwing our money to the mob,” Amram says. “As an advertiser we were paying for eyeballs and thought that we were buying views. But in the digital world, you’re just paying for the ad to be served, and there’s no guarantee who will see it, or whether a human will see it at all.”

READ THE FULL STORY AT BLOOMBERG:
http://www.bloomberg.com/features/2015-click-fraud/

DMCA: Denying Monetary Compensation Always | MuseWire

Who Benefits from the DMCA?
The ISPs (Internet Service Providers) who are facilitating all this trafficking of stolen material are completely off the hook because of the safe harbor provision. Imagine a company that helped people tap into the water system of your town. On the surface, they are simply selling plumbing and faucets. “Hey, we’re not making money from stealing water,” they might say, “we’re making money on sink fixtures; we can’t help it if the water people run through those fixtures is stolen.”

Yet that is essentially what Title II of the DMCA allows to occur, but with intellectual property instead of water. And by letting corporations profit from services that promote the stealing of copyrights, we send a powerful message to everyone: theft is acceptable if you can get a law passed that exempts you from prosecution.

So screwed up is Title II of the DMCA that even a corporate tool like Kravets owns up to the problem. He writes that the safe harbor provision “…provides ISPs, hosting companies and interactive services near blanket immunity for the intellectual property violations of their users.” In other words, pilfering from the pockets of songwriters and their children is just fine.

READ THE FULL STORY AT MUSEWIRE:
http://musewire.com/dmca-denying-monetary-compensation-always-2992/

Let’s Get Real About Kim Dotcom: The Indictment Clearly Alleges Felony Copyright Infringement | CPIP

Essential reading on the Kim Dotcom extradition case happening now.

Conclusion

As the Megaupload saga evolves, we’ll surely hear many more claims about the legal and moral implications of the case. Lessig is not the first, and he will certainly not be the last, to argue that Dotcom and his co-defendants should not be punished for their behavior. Nonetheless, it is important to keep in mind what allegedly happened here: Dotcom and his co-defendants made millions of dollars through the rampant theft and dissemination of countless artists’ and creators’ copyrighted works. For the sake of these artists and creators, who worked hard to produce the works that were unmercifully stolen, let us hope that Dotcom and his co-defendants are held accountable for their crimes.

READ THE FULL POST AT CPIP:
http://cpip.gmu.edu/2015/09/22/lets-get-real-about-kim-dotcom-the-indictment-clearly-alleges-felony-copyright-infringement/

 


 

 

A Tale of Two Pirates? Daniel Ek (uTorrent) and Kim Dotcom (Megaupload)

Artists Rights Watch – Weekly Update 09.21.15

Big Tech Has Become Way Too Powerful: Google Is Playing By the Rules They Make | Music Tech Policy
https://musictechpolicy.wordpress.com/2015/09/19/big-tech-has-become-way-too-powerful-google-is-playing-by-the-rules-they-make/

Big Tech Has Become Way Too Powerful | NY Times

Goodlatte & Conyers Announce Copyright Review Listening Tour | Judiciary.House.Gov
http://judiciary.house.gov/index.cfm/2015/9/goodlatte-conyers-announce-copyright-review-listening-tour

Weekly Copyright Issues Wrap Up – September 18, 2015 | Copyright Alliance
https://www.copyrightalliance.org/content/weekly_copyright_issues_wrap_-_september_18_2015

Anti-piracy battle unfolds in real time on Periscope, live-streaming apps | San Jose Mercury News
http://www.mercurynews.com/business/ci_28846415/anti-piracy-battle-unfolds-real-time-periscope-live

After years of delay, Mega founder Kim Dotcom faces extradition | CNBC
http://www.cnbc.com/2015/09/20/mega-founder-kim-dotcom-facing-extradition.html

Lessig to NZ court: Dotcom charges would fail in the US | The Register UK
http://www.theregister.co.uk/2015/09/17/dotcom_charges_would_fail_in_us

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Why the ‘Dancing Baby’ copyright case is just hi-tech victim shaming | The Register UK
http://www.theregister.co.uk/2015/09/17/dancing_baby_victim_shaming/

Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators | CPIP.GMU.EDU
http://cpip.gmu.edu/2015/09/16/ninth-circuit-gets-fair-use-wrong-to-the-detriment-of-creators/

The DMCA, Fair Use and Dancing Babies | Plagiarism Today
https://www.plagiarismtoday.com/2015/09/15/the-dmca-fair-use-and-dancing-babies/

Lenz Ruling Isn¹t Really About the Little Guy | The Illusion Of More

Lenz Ruling Isn’t Really About the Little Guy

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Why don¹t advertisers demand better from YouTube? | Vox Indie

Why don’t advertisers demand better from YouTube?

Ad Block Apocalypse? Here’s How to Save the Web | Tom¹s Guide
http://www.tomsguide.com/us/save-web-from-ad-blocking,news-21611.html
* Funny how things become a crisis when it’s YOUR JOB “PageFair’s report estimates that blocked ads will result in $21.8 billion of lost revenue this year alone”

Will Ad Blocking Be Google’s Kryptonite? | Seeking Alpha
http://seekingalpha.com/article/3520316-will-ad-blocking-be-googles-kryptonite

Publishers panic as Apple cleans their mobile platform from banner ad addiction. |AdLand
http://adland.tv/adnews/publishers-panic-apple-cleans-their-mobile-platform-banner-ad-addiction/1830645520

The Pirate Bay Blacklisted By 600 Advertising Companies | Torrent Freak
https://torrentfreak.com/the-pirate-bay-blacklisted-by-600-advertising-companies-150919/
* “Pirate sites will almost certainly be able to find advertisers willing to put hands in pockets but as times get tough, the quality of those ads is likely to deteriorate even further still. With that, user experience will also decline. Will pirates put up with the junk? Time will tell.²

ISPs don¹t have 1st Amendment right to edit Internet, FCC tells court | Ars Technica
http://arstechnica.com/tech-policy/2015/09/isps-dont-have-1st-amendment-right-to-edit-internet-fcc-tells-court/

Music copyright reform takes center stage in Nashville | The Tennesean
http://www.tennessean.com/story/money/industries/music/2015/09/20/music-copyright-reform-takes-center-stage-nashville/72399864/

US Recording Academy launches major grassroots initiative | Music Week
http://www.musicweek.com/news/read/us-recording-academy-launches-major-grassroots-initiative/062803
* Fair Pay, Fair Play / Pre-72

For musicians it’s trickle down misery | AdLand
http://adland.tv/adnews/musicians-its-trickle-down-misery/2052447471

Digital song sales hit record low in the US | Music Week
http://www.musicweek.com/news/read/digital-song-sales-hit-record-low-in-the-us/062784

Ellie Goulding: ŒOn My Mind¹ single withheld from YouTube and SoundCloud | Music Ally

Ellie Goulding: ‘On My Mind’ single withheld from YouTube and SoundCloud

YouTube Music Key starts charging subscriptionsŠ oh wait, no it doesn¹t  | Music Business Worldwide

YouTube Music Key starts charging subscriptions… oh wait, no it doesn’t

Meet the new Grooveshark ­ aka ŒPopcorn Time for music¹ | Music Business Worldwide

Meet the new Grooveshark – aka ‘Popcorn Time for music’

95 Percent of Streaming Music Catalogs Are ‘Irrelevant’ to Consumers, Study | Digital Music News

95 Percent of Streaming Music Catalogs Are ‘Irrelevant’ to Consumers, Study Finds


* More music ³creation² does not equal more value for consumers.

Don’t Buy The Hype ‹ Airbnb And Uber Are Terrible For The Economy | Business Insider
http://www.businessinsider.com/airbnb-and-uber-are-terrible-for-the-economy-2014-5