FCC Shelves Pandora’s Bid For South Dakota Radio Station | Billboard

In a setback to its music licensing plans, Pandora has received word from the FCC that for the time being it is no longer processing its application to transfer ownership of the broadcasting license for KXMZ, the Rapid City, South Dakota radio station it acquired last June. Pandora had hoped to take advantage of the lower rates that internet streaming services owned by terrestrial radio stations enjoy.

READ THE FULL STORY AT BILLBOARD:
http://www.billboard.com/biz/articles/news/legal-and-management/5869791/fcc-shelves-pandoras-bid-for-south-dakota-radio

NAMM 2014 Artists Rights Panel, Actually Features Artists…

We’ve written here before how so called “Artists Rights” or “Artists & Copyright” panels at conventions such as CES and SXSW seem to be lacking any artists who are actually interested in protecting their rights and copyrights. So we’re pleased to see that NAMM has gotten it right and we encourage those going to the convention to drop in on the panel.

NAMM 2014 – Copyright, The Internet and You
http://www.namm.org/thenammshow/2014/hot-zone/copyright-internet-and-you-panel

Day: Thursday, Jan 23

Start Time: 3:00 pm (One Hour) 

Room: The Forum (203 A-B)

Presenter / Moderator: Gregory Butler

Why are content creators seeing less money than ever while their art is being used so widely? Join our panel of experts as they look at the challenges of navigating the new music industry, piracy and intellectual property.

Panelists:
* Lucy Miyaki of Tashaki Miyaki
* Manda Mosher of Calico
* Reinhold Heil, Film & TV Composer
* John Cate, fmr Tunecore CFO
* Tom Biery, Artist Management
* Brian McNelis, Music Supervisor / Soundtrack Album Producer

Google Buys Nest™ Renames it SkyNest™ —-Joking, Sort of.

“They know when you’ve been sleeping, they know when you’re awake”

Who needs the NSA when you’ve got Google?  Now they are in your home.

Google has announced that  they have bought “smart” (read spying) thermostat maker Nest.  As reported in the NY Times:

“Google likes to know everything they can about us, so I suppose devices that are monitoring what’s going on in our homes is another excellent way for them to gather that information,” said Danny Sullivan, a longtime Google analyst and a founding editor of Search Engine Land. “The more they’re tied into our everyday life, the more they feel they can deliver products we’ll like and ads.”

Nest’s products track not just a home’s temperature and the presence of smoke but also when people wake up, leave and return home. By incorporating hardware and software and using sensors and algorithms to learn behavior, they program themselves and can be controlled remotely with a smartphone.

Google apologists are already incorrectly reporting that Nest’s privacy polices won’t change.   This is wrong. Google privacy policies must and do extend to all of their products.  If Gmail will scan private attorney-client emails  to pitch advertising do you think Google will treat your Nest data any differently?

And when those privacy policies do change?  It’s gonna cost Nest owners a couple hundred bucks to get Google out of their houses.  When you bought that Nest product  you weren’t giving the NSA Inc -er I mean Google permission to enter your house.   But make no mistake Larry Page is now in da house. Permissionless Innovation at it’s finest.

Help Electronic Frontier Foundation!  Our privacy is being invaded by Google!   Oh wait. I forgot the EFF gets millions from Google and Facebook. They aren’t gonna help.

The Hubris Behind Google’s Demotion of Rap Genius (Guest Post) | Billboard

by Chris Castle

Rap Genius topped any Google results for practically any lyric search string, so the site was very well-known to music fans. That enviable ranking doesn’t seem dissimilar from search results for Isohunt, the Pirate Bay or Kickass Torrents.

So what was the cardinal sin justifying Google in disappearing Rap Genius? Operating without licenses? No, certainly not that. Openly challenging the music industry? No, not that either.

It would appear Rap Genius did the one thing Google doesn’t permit — it spoke openly about beating Google at its own game. Rap Genius evidently tricked Google’s search algorithm into ranking it higher than the site should have been absent the manipulation. And for this cheeky violation of Google’s rules — not a law — the search giant demonstrated two points in one flex of its dominant muscle.

READ THE FULL STORY AT BILLBOARD:
http://www.billboard.com/biz/articles/news/digital-and-mobile/5869795/the-hubris-behind-googles-demotion-of-rap-genius-guest

While Artists are Bitching About Spotify Royalties… Google, YouTube and Grooveshark are in the Getaway Car…

While artists bitch about low payments from Spotify royalties,  YouTube,  Grooveshark and The Pirate Bay pay artists less or even nothing.  The reason Spotify pays so little is because it’s forced to compete with illegally operating, unlicensed sites who pay nothing at all. Artists need to focus on the big picture.

Spotify has become the symbol of inequity for artists in the digital age, and we’re not saying artists are wrong to focus on the Spotify royalty payments as an example of this inequity. We’ve written our own criticisms of Music Streaming Math and our doubts that Spotify could ever actually scale to be a sustainable business for both artists and labels.

Whatever the criticisms we may have of Spotify it is important to note that they are legal and licensed with secured rights.

The truth is that Spotify is only a symptom of a much larger disease.  The actual cause of the inequity is mass scale, enterprise level, corporate sanctioned piracy for profit. Ad Funded Piracy is the primary mechanism by which the work of artists and musicians has been devalued to fractions of cent and here’s how it works.

Imagine creating a business where you could profit by attracting every fan of every musician and band.

Imagine not requiring any licenses or permission from any of the musicians and bands.

Imagine selling advertising based on not only the overall popularity of the musicians and bands, but also from providing free streaming and/or downloads to the music of the musicians and bands.

Imagine not having to pay musicians and bands and keeping all of the advertising (and/or subscription/access fee) money.

GOOGLE:

One of the most accessible points of piracy starts at Google search and they can absolutely do more to assist legal and licensed businesses that pay artists. Digital Music News recently reported that “Google Receives Its 100 Millionth Piracy Notice. Nothing Changes…” As we’ve seen with Google’s swift retribution to Rap Genius, search can very effective to discourage or remove bad actors from the legitimate marketplace (When it is in Google’s business interest to do so!). Google is also tracking over 200,000 known domains engaged in active piracy. This seems like an easy problem to solve.

Not only did a series of research studies by the USC Annenberg Innovation Lab identify Google as one of the primary companies feeding advertising to pirate sites, but there is actually a longer darker history of Google assisting illegally operating business online.

Artists don’t get paid anything from pirate sites profiting from advertising revenue. This is the big one, those who pay nothing at all but distribute the most music at the highest volumes.

YOUTUBE:

YouTube is a company that was intentionally founded and designed to profit by ripping off artists, musicians and creators. These practices are well known from court documents published by sources such as Daily Finance.

It appears that much of the music on YouTube may still be generating profit for YouTube but not so much for musicians. East Bay Ray of the Dead Kennedy’s details the state of things here on NPR.

Even when YouTube is paying, they are paying half as much (or less) than Spotify on a per play basis.

GROOVESHARK:

We’d love to hear from artists (musicians and songwriters) who actually have their music legally licensed on Grooveshark. And, for those who do, we’d love to see what some of those royalty statements look like. We can’t imagine that Grooveshark is paying better than Spotify and that’s only for those artists who may actually have a valid license from Grooveshark.

As of this writing Grooveshark is still embattled in a number of lawsuits, which at one time included every major label. Essentially Grooveshark designed their business to be like an audio and music only version of YouTube. We detailed their practices in the post “Grooveshark, Notice and Shakedown”.

We don’t know how much money Grooveshark is making, but it’s enough to put the companies founders on the Forbes 30 Under 30 List… It seems that it is the (new boss) gatekeepers controlling the money and once again it is the artists themselves getting screwed.

PANDORA:

As of this writing Pandora has abandoned it’s ill conceived attempt at legislation that would have reduced artists royalties by 85%. But let us not forget that the arguments used by Pandora for attempting that move were also motivated by the downward economic pressure placed on artists whereby the majority of music consumption is happening with no compensation at all due to various forms of Ad Funded Piracy.

Welcome to the Exploitation Economy.

We suggest that artists focus on the disease that is creating the symptoms of businesses like Spotify.

RELATED:

Google, Advertising, Money and Piracy. A History of Wrongdoing Exposed.

Lou Reed and Dead Kennedys Go Public Against Ad Funded Piracy with Facebook Posts


Don Henley Talks Google Versus Musicians | LA Times

In the technocratic world of Google (which owns YouTube), my musical brethren and I are no longer artists; we’re not creators — we are merely “content providers.” Copyright and intellectual property mean nothing to the technocracy. They’ve built multi-billion-dollar, global empires on the backs of creative, working people who are uncompensated. They’re wrecking entire industries.

There might be a legislative fix, but there seems to be no political will. Google alone has about a dozen lobbyists on Capitol Hill. Google spent over $11 million last year on lobbying and over $18 million the previous year. They spread the money and the propaganda around like manna, employing their favorite buzz words like “innovation.” Regulation, they say, will “stifle innovation,” and the legislators all nod in agreement. It’s an oligarchy, plain and simple.

READ THE FULL INTERVIEW AT THE LA TIMES:
http://www.latimes.com/entertainment/music/posts/la-et-ms-don-henley-qa-20140115,0,5745299.story

Google Receives Its 100 Millionth Piracy Notice. Nothing Changes… | Digital Music News

“After 100 million piracy notices, it’s time for Google to take meaningful action to help curb online copyright infringement.

Google, with its market capitalisation of more than US$370 billion, is directing internet users to illegal sources of music.

This is not only harming a recording industry whose revenues have fallen by 40 percent in the last decade to US$16.5 billion, but it is also harming the more than 500 licensed digital music services worldwide that offer up to 30 million tracks to internet users.”

READ THE FULL STORY AT DIGITAL MUSIC NEWS:
http://www.digitalmusicnews.com/permalink/2014/01/14/googlereceives

RELATED:

Google, Advertising, Money and Piracy. A History of Wrongdoing Exposed.

 

Lou Reed and Dead Kennedys Go Public Against Ad Funded Piracy with Facebook Posts


How to DMCA : Google Web Search, De-Listing Infringing Links

 

 

Goldieblox Case Reassigned to Judge Hearing Google Privacy Case

Interesting News. (from Chris Castle)

Music Technology Policy

In an interesting twist, the Goldieblox case has been reassigned to a judge currently hearing one of the many Google privacy cases–that is, someone who is very, very familiar with Silicon Valley shenanigans.  And she’s not afraid to threaten the attorneys with sanctions.

If you believe as I do that the Goldieblox attorneys are walking a very, very fine line in bringing this case in the first place, this is good news.  A case that appears to be clearly “marketing by lawsuit” is a prime candidate for nice juicy sanctions for wasting the court’s time.

Judge Koh recently expressed some exasperation with one of the Apple lawyers in a different case:

“Come on,” Koh told Bill Lee, one of Apple’s lawyers. “You want me to do an order on 75 pages? Unless you’re smoking crack, you know these witnesses aren’t going to be called.”

Judge Koh also recused herself from…

View original post 86 more words

Early Results and Evolution of the UGA Undesirable Lyric Website Study to Include Advertisers. | UGA

As a result of the publication of the UGA Undesirable Lyric Website List and action taken by the National Music Publishers Association there have been a number of noteworthy updates. Many sites have come forward wishing to obtain licenses and others updated their licensing compliance. We updated our database accordingly. We also learned of at least one website that now has an expired licenses.

In addition we are now ready to expand the study to examine which brands are advertising on these unlicensed sites.

Finally the next iteration of the list will be followed by a list of brands which appear on the top 10 Undesirable Lyric websites.

READ THE FULL REPORT AT UGA LYRICS:
http://ugalyricwebsitelist.org/2014/01/01/early-results-and-evolution-of-the-uga-undesirable-lyric-website-study-to-include-advertisers/

Is Google Trying to Expand Its Smartphone Domination Using Our Music?

Some of you may be aware that Google and Microsoft don’t like each other (which probably explains why Eric Schmidt didn’t include Microsoft in his gift to antitrust regulators–the Gang of Four cartel interview).  They have been involved in some extensive wrangling for some time now.   But check this out: It seems that Google is purposely blocking the YouTube App on the Windows Phone, Microsoft’s smartphone.

Yes, when artists post your videos on YouTube, Google uses access to all of our videos through the YouTube app as a stick to beat up on competitors for Android–from which we do not benefit at all. (Granted there’s an iOS YouTube app, but Google also gets to be the default search setting on iPhones–which I’m sure they don’t get for free.  There’d also be a revolt if artists couldn’t get their own videos on artist-friendly Apple products.)

Bear in mind that Google has essentially created YouTube as a monopoly in video search (mostly using music and movies):

Artists need to be particularly concerned about inadvertently creating monopoly-like companies that leverage our music to their own benefit.  We’ve had lots of experience with what happens to our take home pay when in practice you end up with “one of everything”.  MTV? Clear Channel?  Live Nation?  Pandora?  and now YouTube?  We don’t need to make the Anti-Artist,  Wifi-spying, data gobbling,  privacy sucking Google any more powerful.   It’s particularly ironic that back in the day Microsoft was prosecuted for using similar tactics with Internet Explorer while Google gets away with it with Android (as well as search, YouTube, maps, Safari shenanigans…shall I continue?)  Artists should also note that Microsoft has a long history of respecting artists’ rights and paying us fairly.  Xbox music is one of the highest paying music services per stream on my statements.

Of course, Google will come up with the usual Google-de-goop, slow no answers to explain themselves–we know all about that since Google got over 200 million take down notices for links to infringing sites in search last year alone.  You would think that after telling someone 200 million times there’s something wrong with their product, they’d get it?  Not Google.

Here’ another beef on Google’s leveraging our music so that YouTube can’t be played on a whole class of smartphones:  We aren’t getting paid the YouTube crap royalty on those phones.  Not because of anything we did, but because Google wants to screw a competitor!  I don’t recall ever telling Google they could withhold my music on YouTube to line their own pockets–maybe that’s what Google’s famous “permissionless innovation” looks like.

Now I’m not a lawyer but I think I understand some of the basic purposes of anti-trust law.  It isn’t fair to use your dominance in one market (online video search/YouTube) to leverage your dominance in another market (Android OS).  Isn’t this what Google is doing by blocking YouTube on the Windows phones?  Why does Google get away with this kind of blatantly anti-competitive BS?   Is it their political connections?  Is it those frequent dinners at The White House?   Or we could call it what it really looks like:  Political Corruption and Crony Capitalism.