The “Chilling Effects” of YouTube’s Internet Censorship and Lack of Transparency

We’ve been watching with interest a story developing over at Digital Music News. The site ran a guest editorial by Jeff Price promoting his new YouTube Content Management System Collections Service, Audiam.

It’s interesting to note how Price targets distribution companies as the black hats but does not criticize YouTube for their less than stellar “Openess and Transparency” with artists. East Bay Ray of The Dead Kennedys spoke to NPR about his frustrations with Google.

YouTube Shares Ad Revenue With Musicians, But Does It Add Up?

“Holiday in Cambodia” by the punk band Dead Kennedys has been streamed on YouTube over 2.5 million times. Guitarist Raymond Pepperell — also known as East Bay Ray — says, overall, Dead Kennedys videos have been watched about 14 million times. But the band has only seen a few hundred dollars.

“I don’t know — and no one I know knows — how YouTube calculates the money”

It’s easy to see why so many readers took exception to Price’s understanding of how YouTube monetization works (or actually doesn’t). One of those people wrote a response to Price’s editorial, Emmanuel Zunz of ONErpm.

Why Jeff Price Is Horribly Misinformed About YouTube Monetization…

If I understand Audiam’s business model correctly (I have tested the service), it’s a pure Content ID play.  So here is my first point: Audiam states that they pay artists 100% of the revenues they collect for them from their own channel.  But by generating UGC claims on their channels that pay out at 35% instead of the Standard 55% an artist can get on their own, they are actually reducing the amount of money a musician can make through a Standard direct deal with YouTube.

What follows is the real story about the lack of transparency and openess that Google claims is essential to a “free and open” internet. You know, the kind of “free and open” internet where you make the music, movies, books, photos, etc and Google is “free and open” to monetize it without restriction. “Permissionless Innovation” yo!

So apparently when Zunz was being transparent and open (um, without permission) about Google/YouTube payments and policies in his response to Price he got a little to close to home in revealing Google family secrets. The result was a panicked Zunz contacting Digital Music News to remove, retract and/or otherwise redact the information that Zunz had made public. Oooopsies…

YouTube Demands the Removal of a Digital Music News Guest Post…

According to ONErpm, YouTube has demanded that the entire guest post – here – be ripped down, which would obliterate nearly 100 comments and the knowledgebase that comes with that (not to mention the detailed information in the post itself).

But the story doesn’t end there. Zunz had already written a second a highly detailed post for Digital Music News detailing how YouTube monetization actually works! Unfortunately that “Open and Transparent” post is not going to see the light of day in educating musicians about the actual mechanics, percentages and payments by YouTube.

YouTube Successfully Intimidates a DMN Guest Contributor…

It’s called “the chilling effect”…

Despite serious threats, YouTube has been unsuccessful at removing an earlier article on Digital Music News about confusing royalty payouts and specifics.  But what they have been successful at is preventing the next one: a 4,000+ word, highly-detailed essay on YouTube best practices and royalties, from a company highly-specialized in YouTube distribution.

The company simply got spooked, and asked that we not print the piece for fear of having their MCN status revoked by YouTube.  So here’s what artists, labels, publishers, startups, and the industry is missing as a result.

So the next time someone wants to talk about the benefits of a transparent, free and open internet based in permissionless innovation it might be worth while to send them this post. After all wasn’t it Google Chairman Eric Schmidt who said, “If You Have Something You Don’t Want Anyone To Know, Maybe You Shouldn’t Be Doing It“?

So when Google protects it’s interests it’s “business” but when musicians protect their rights it’s “censorship”.

Where are the defenders of internet freedom when you need them? The crusaders against internet censorship are silent…

Ready The Clown Car : Kim Dotcom Contemplates Suing Google, Twitter and Facebook

Serious folks, we can’t make this up.

“Twitter introduces Two-Step-Authentication. Using my invention. But they won’t even verify my Twitter account?!,” Dotcom tweeted.

“Google, Facebook, Twitter, Citibank, etc. offer Two-Step-Authentication. Massive IP (intellectual property) infringement by U.S. companies. My innovation. My patent,” he added.

But it get’s better…

“I never sued them. I believe in sharing knowledge & ideas for the good of society. But I might sue them now cause of what the US did to me,” he said.

However, he said a more productive approach would be if the tech giants helped cover his legal bills to fight prosecution under the Digital Millennium Copyright Act (DCMA), which he estimated would exceed US$50 million.

“Google, Facebook, Twitter, I ask you for help. We are all in the same DMCA boat. Use my patent for free. But please help fund my defence,” he tweeted.

So essentially he’s threatening to sue the very same people he’s asking for money. Interesting strategy. We’re not sure that Google, Facebook and Twitter feel they are in the same boat. It’s difficult to believe these companies would want to be anywhere near the imploding public spectacle known as Kim Dotcom.

READ THE FULL STORY HERE:
http://www.channelnewsasia.com/news/technology/kim-dotcom-mulls-suing-tech-giants-for-c/685072.html

you may also enjoy…

UPDATE:
Kim Dotcom claims he invented two-factor authentication—but he wasn’t first | Ars Technica

Dotcom’s European patent was revoked in 2011 largely because AT&T had a patent on the same technology with a priority date from 1995. (Thanks to Emily Weal of patent law firm Keltie for pointing out Dotcom’s European patent travails in the IP Copy blog.)

While Dotcom’s patent in the US is still in force, AT&T also has a US patent pre-dating hisThe Guardian pointed out that Ericsson and Nokia also have patent filings for two-factor systems predating Dotcom’s.

Launch and Iterate: Google’s Permissionless Innovation.

Every once in a while Google will accidentally reveal their true  nature through some cute slogan or catchphrase.

There is of course their famous corporate slogan  “Don’t be evil”.

As noted previously, we at The Trichordist believe that  “Don’t be evil” is not their corporate slogan but secretly their  corporate reminder.  Eric Schmidt has this written on the back of his hand in black marker.

Then there is their Net Neutrality campaign slogan they farmed out to one of their astro-turf organizations:  “We are the web.”   Yes Google we are quite aware that you think that “you are the web”. That you believe you own the web and all of our personal data.  Sergey Brin recently became apoplexic when discussing the fact that companies like Facebook and Apple have “closed” ecosystems that do not allow Google to scrape all of their data.    “How dare they? We Are the Web!”

Like Germans Google is mostly unintentionally funny.   Last week’s howler came in hearings on Capitol Hill. Google’s Internet Evangelist  Vint Cerf let this slip out:

“Such proposals raise the prospect of policies that enable government controls but greatly diminish the ‘permissionless innovation’ that underlies extraordinary Internet-based economic growth, to say nothing of trampling human rights,” said Vint Cerf.”

Now I understand that Vint Cerf was talking about some specific  proposals  from authoritarian governments that would  really truly be a threat to free access to the internet.  For once I agree with a Google spokesperson. But what caused me to guffaw was the phrase “permissionless innovation”.   It slipped out so smoothly and seemed so well-worn it was as if  Google’s collective Id  was speaking directly to us all.

It  seems particularly significant when you combine that with Van Lohman’s ( Google Senior Copyright Counsel)  cheerful admission of  Google’s “Launch and Iterate” copyright contempt strategy.  As reported in the Huffington Post:

Fred von Lohmann, senior copyright counsel at Google, reflected on how copyright has been an issue since the earliest search engines. Asked how to address the various obstacles of digital platforms, he cheerfully sloganeered “As we say at Google ‘launch and iterate,’ ” by which he meant the best approach for digital media companies, since the waters of copyright will remain murky for some time, is simply to launch content, learn from the inevitable public and legal response and then improve. The “launch and iterate” mentality allows for experiments in freedom of expression as well as public participation.

This same wonderful “experiment” also allows google to make plenty of money by exploiting artists without compensation.  But I digress.

From the Google Permissionless Innovation Department:

Google Books:  Don’t ask the authors if we can digitize their books, let’s just  monetize search within those books?

YouTube:  Let’s just put all this video content on the web and we’ll deal with the copyright owners later.

Shareholder rights:  Let’s screw virtually everyone but the founders by issuing new  non voting class c stock.  We’ll deal with the SEC and shareholder lawsuits later.

And of course you can apply “permissionless innovation” to many other rogue companies in the web space. After all according to the largely google funded copyleft  file-sharing sites are more innovative than sites like iTunes that seek permission.  That’s why consumers prefer The Pirate Bay to iTunes.  Not because they get stuff for free but because  The Pirate Bay is a pioneer in “permissionless innovation”.

I suppose the ultimate in “permissionless innovation” are the human trafficking sites.  No wonder Google apparently  refuses to restrict the flow of advertising dollars to these sites.  They are fellow “permissionless innovators”.

All sarcasm aside.  This is the problem with Google. It has never grown up.  There is something juvenile and narcissistic about it’s corporate culture. It’s slogan should be “you are not the boss of me”.  They have perverted the concept of internet freedom to mean don’t tell Google what to do ever.  Think I’m exaggerating?

” If we could wave a magic wand and not be subject to US law, that would be great.” —Sergey Brin quoted in The Guardian UK. 

Permissionless Innovation.  We love this phrase.  Do you mind if we Artists For An Ethical Internet keep it?

Fake Fridays: The Google Diaries: Fake Larry Does Seattle Human Trafficking Protests Against Google

Secret Diary of Fake Eric Schmidt, April 6, 2012

[Deleted]

Secret Diary of Fake Larry Page, April 6, 2012

Since Eric and Fred told me I can’t archive my Gmail anymore, I guess I have to write this diary.  I can’t believe these people are using a petition on Change.org against Google!  We gave these people so much money!  I mean, this is Larry’s thing, right?   How dare they use Change for petitions against us!  Maybe Chilling Effects can get involved?  What do we have it for? Note to self, ask Fred about Chilling Effect and Change.org.

Why do we get accused of all these bad things that nobody has ever told us to stop doing?  And how do we know these so-called “pimps” are doing anything illegal or even bad!  These are our users, we don’t sue our users just cuz some whacko actress says one of them is a so-called “pimp”!  That’s censorship! I mean how do I know that Googlers do anything bad if nobody tells me!!  Just because we sold one ad for one pharmacy one time, what does that even mean!  Eric said we were sorry!  We’re always sorry, why isn’t that enough?  We’re not censors!  We’re not responsible for anything, we just give users convenient ways to find things.

The flacks started talking to me today about trafficking, I mean that’s our business, right?  If we can’t do trafficking, then there’s no Google.  The record label music companies think we should be going after these so-called pimps who pay for these ad.  No, wait, not the music company label records, its someother censorship facists who want us to stop selling advertising.  Traffic, Google, interchangeable, right?  But they were talking about human trafficking, what does that even mean?  We sell traffic, nobody knows what the machines talk about, that’s between them.  How do they get human traffic out of machine traffic?  It’s all so confusing sometimes.

I have to call Mike and get him to go after whoever is saying these bad things, put their names on the list.  He had that great quote from Teddy Roosevelt, “the man in the arena whose face is marred by dust and sweat and blood, who strives valiantly”.  Boy, that’s me, that’s us.  They just don’t realize how much they need us to make everything scaleable and convenient.  Well, one day they won’t have Google to kick around anymore.

That’s what it is, these protesters just don’t understand how cool it is for things to be convenient!  When everything is convenient, then you don’t ever have to complain about anything.  Except…you know, when you forget the refill.

Convenient is cool.  Google is cool.  Google means convenience.  Google means no complaining.  We know what users are thinking before they do anyway so what are they complaining about?  And so what if our customers are these so-called pimps!  We’re not going to become sex cops for the government censors!  Don’t they appreciate all the cool products we give away for free?