The EFF assumes the worst – of everyone else.

An interesting look at the Electronic Frontier Foundation’s highly selective reasoning regarding the DMCA by David Newhoff at The Illusion Of More.

“The long and shameful history of the Digital Millennium Copyright Act file takedown abuse teaches us that intellectual property owners cannot be trusted with the enforcement tools they already have  we should hardly be giving them new ones.”  The “long and shameful” true history of the DMCA is how utterly useless the mechanism is for rights holders to protect their works.

Many creators have demonstrated over an over again that the DMCA notice and takedown procedure is spitting in the wind for even very large, well-funded producers, and completely hopeless for independent and smaller rights holders.

Meanwhile, it is the (internet/tech) industry that funds the EFF, who have made sure that DMCA remains a fly swatter in a storm of raptors.  And that’s bad enough, but to add insult to injury, McSherry sticks this fact in a paper bag and lights in on fire on our doorstep when she says the DMCA has a “history of abuse” by rights holders.  And one reason we can know she’s full of it, is the flimsiness of the cases her own organization chooses to take on as exemplary of this so-called abuse.

READ THE FULL POST HERE AT THE ILLUSION OF MORE:
http://illusionofmore.com/eff-assumes-worst/

Time For Silicon Valley To Grow Up And Take Responsibility For Their Online Advertising Business Model.

Time For Silicon Valley To Grow Up And Take Responsibility For Their Online Advertising Business Model.

Whitelist vs Blacklist Advertising.

Last week much of the world was horrified to learn that Facebook was serving ads from major brands on pages devoted to what the Huffington post described as:

horrific rape-oriented Facebook pages… (including) graphic images of gore and horror, beaten children, naked children, women bound and gagged, or thrown down stairs.

The public outcry against the brands and Facebook was overwhelming. Facebook and many brands were forced to apologize and revise policies (let’s see how long this lasts!).  Dove may have suffered long term damage to their brand.

WAM (Women Action Media), feminist Soraya Chemaly and Everyday Sexism should be commended for bringing this issue to light and achieving real change (and the stunning coordination of their campaign should be a lesson to artists advocates).

What we find interesting here at The Trichordist  is that many of our brands were the usual ad-supported piracy suspects.  In particular  Nationwide and American Express.  We have repeatedly called out these companies for advertising on cyberlocker sites that exploit artists and others.  And as we have noted over and over again this is not just about music.  Generally these sites  include links to bestiality, rape, illegal pornography videos as well as music (Urban Outfitters and Lexus advertising against beastiality links.)  We’ve both publicly and privately reached out to many of these advertisers to no avail. www.adland.tv  actually ran an article entitled “American Express Thinks You Might Like Piracy and Child Pornography” after reviewing my research.

Just as Facebook was long aware of these horrific pages, American Express and many other companies have long known their advertising was ending up on these pages. This latest brouhaha shows (as we have noted) they have yet to take effective action.

And we know why.  Total obfuscation by the online advertising ecosystem: in house ad buyer, Madison Avenue advertising agency, online ad network, ad exchanges and possibly complicity by the brands themselves.

We have seen and documented the following responses from the online advertising ecosystem (In fact I just got a refresher course May 28th at Westminster College in London as I participated in a panel discussion  “Follow The Money: Can The Business Of Ad-Funded Piracy Be Throttled?):

Lame Excuse #1.   We can’t control where these ads end up.

Response:  Then why on earth would anyone pay for your product?  Are you  admitting that your product is faulty? Cause I can think of a couple of lucrative class action lawsuits.   We think you can control where the ads end up. You just want the money.

Lame Excuse #2:  We are not the internet’s policeman (most recently by Google at Westminster College London).

Response: This is a “straw man” argument.  No one is asking YOU to be the web’s policeman. We are simply asking you to run your  company ethically and responsibly. Please stop obfuscating.  Sure the police arrest the thieves, but just like pawnshops, Google and the rest of the online advertising ecosystem have a ethical, moral and LEGAL obligation to make sure they are not selling stolen pageviews.  If a pawnshop used this excuse to sell stolen goods they would be shut down and the owners would go to jail.

Lame Excuse #3:  We don’t know who the bad guys are.

Response:   Really? Then who get’s the money for the CPMs  and/or Clicks?  Are you just leaving suitcases of cash in lockers at greyhound stations?  And if you are doesn’t that seem a tad suspicious? Who pays the taxes on these transactions?   If you don’t know you are probably in violation of many tax laws in many countries. And that’s how they put Al Capone in jail. Don’t mess with the tax man.

Lame Excuse #4:  Apple and Coca Cola don’t end up on these sites because they use “White Lists”.   This was the response from Alexandra Scott the UK Public Policy Executive for Internet Advertising Bureau.  This as always was delivered with an undertone of dismissiveness. As if Apple and Coca Cola just “don’t get it!” and should be advertising on shitty file infringing sites next to trojan downloads and Russian bride ads.

Response: Exactly. Whitelists.  They actually vet the websites on which they are advertising. They check to see if these sites are legitimate sites.  Using the pawn shop analogy.  They actually check to see if the goods-in this case pageviews- are stolen.

And this brings us to the fundamental problem with the internet advertising ecosystem.  It’s not the obligation of artists, feminists, anti-human trafficking activists and animal rights groups to tell you where you should not be advertising. It’s your job. Grow up. Quit trying to force us to do your job for you.

Blacklist systems too often put the burden on the victims or advocates for the victims while enabling brand advertising and Madison Ave/Silicon Valley profits at the expenses of others.

Whitelist systems put the burden on those reaping the benefits:  Brands, Madison Ave. Silicon Valley and Publishers.   This is the ethical model.

Note:  whitelists and blacklists are not created by the government.  These lists are designed for a narrow purpose–brands should be able to spend their advertising dollars in a predictable way that results in the brand being able to control the brand’s own speech.  These lists are not designed to block anyone’s speech.

There’s another way to look at this from the brand’s point of view, which may be better than developing “lists” that are either/or lists that put a site in or out or operation.  It is entirely consistent with the brand’s ability to control the integrity of their products and their right to not be defrauded out of advertising money for the brand to put together lists of sites that they want to avoid, or “undesirable” sites as Google’s Theo Bertand said on our panel in London.

Time for the internet advertising ecosystem and their Silicon Valley enablers to learn to act ethically and responsibly.  Companies like Starbucks and Costco have figured it out.  Companies like Walmart that came under criticism for various unethical practices mostly addressed these problems.  What is Silicon Valley’s response?  “Censorship” and “You silly people don’t understand the internet.”

I call bullshit on this argument.  And we “silly people” understand you better than you think.

Silicon Valley is the new wall street.  Sure they have green buildings and make the occasional charitable donations.   But mob bosses were notorious for making donations to the local orphanages and policemen benevolence societies.

Silicon valley doesn’t give a damn how it makes money. It will do anything to make money.  No matter what the moral implications.   It has a fake censorship argument that it uses to mask it’s fundamental amorality and greed.   Entire PR campaigns (including fake paid bloggers and fake public interests groups) are devoted to promoting a techno Nihilism: If you can do it on the internet-no matter how horrific that act may be-stopping someone from doing it is “censorship” and  infringes someone’s “freedom”.

This is the kind of argument a 13 year old wouldn’t even make.  And it’s amazing that the mainstream press never calls them out on this.  Again why is it left to a 50 year old  moderately successful indie rocker to call them out on this bullshit?

Look it’s very simple.

Grown up style freedom:

“My right to swing my fist ends at the tip of the other man’s nose.”

Silicon Valley petulant 13 year old style freedom:

“My right to swing my fist is absolute.  And you’re not the boss of me!”

Silicon Vallley and the rest of the online advertising ecosystem needs to grow up.

YOU MAY ALSO ENJOY READING:

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

ADWEEK : “Ad Industry Takes Major Step to Fight Online Piracy”… Again…

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

Look who’s Pirating now! University Of Georgia Music Business Program’s Preliminary Study Of Advertising On Copyright Infringing Sites.

Julian Assange : Google Is Evil in “The New Digital Age”

Very interesting reading as Julian Assange comments on Google, CEO Eric Shchmidt and his book, The New Digital Age. Read on…

“THE New Digital Age” is a startlingly clear and provocative blueprint for technocratic imperialism, from two of its leading witch doctors, Eric Schmidt and Jared Cohen, who construct a new idiom for United States global power in the 21st century. This idiom reflects the ever closer union between the State Department and Silicon Valley, as personified by Mr. Schmidt, the executive chairman of Google, and Mr. Cohen, a former adviser to Condoleezza Rice and Hillary Clinton who is now director of Google Ideas.”

He goes onto say,

“This book is a balefully seminal work in which neither author has the language to see, much less to express, the titanic centralizing evil they are constructing….If you want a vision of the future, imagine Washington-backed Google Glasses strapped onto vacant human faces — forever.”

What does this have to do with artists rights you may ask? Well, the way we see it is that Privacy and Anti-Piracy are bound together by the same common bond of respecting the rights of individual citizens. Which is why individual citizens are granted BOTH the right of individual privacy and the right to protection of their labor under Article 27 of the Universal Declaration of Human Rights.

READ THE FULL ARTICLE AT THE NEW YORK TIMES HERE:
http://www.nytimes.com/2013/06/02/opinion/sunday/the-banality-of-googles-dont-be-evil.html

Mostly Online Advertising is a Cesspool For Brands. But Sometimes it’s funny @ldschurchuk

Good Morning Mormon Church UK!

Unless I’m reading this html wrong it looks like adsense (google) helped serve your ad onto a Pirate Site against  a film called “Sex of the Angels.”  And this film is  about?… well maybe you should watch it.   Let’s just say it looks  like there is some “plurality” involved. Pretty sure you didn’t intend this!

Screen Shot 2013-05-31 at 7.58.18 PM

DMN : 7 Reasons Why Artists Should Skip a BitTorrent ‘Media Partnership’

Worth repeating here from Digital Music News by Helienne Lindvall.

Lately, BitTorrent, Inc. has made a concerted effort to appear “legit”, courting both artists and their managers.  It’s even managed to become a “tech partner” of the UK Music Managers Forum.  But is partnering with BitTorrent – and its uTorrent client – really a good idea for artists?

READ THE FULL POST HERE AT DIGITAL MUSIC NEWS:
http://www.digitalmusicnews.com/permalink/2013/20130529bittorrentjustsaynoearbud

The Smartest Guys in the Room Figured it Out Again: Google’s Undesirability Index for Brand Sponsored Piracy

Music Technology Policy

Last night in London, Google’s head of EU policy Theo Bertram participated in a debate with David Lowery and some others.  You can read MuscAlly’s live blog about it here.

More about this later, but it’s important to note that Mr. Bertram speaking for Google came up with a brilliant idea for how to “white list” bad sites for advertisers:

Bertram said that it’s theoretically possible to have a dynamic list of the 500 top piracy sites, for use by brands when stipulating where their ads should appear – or for legal purposes.

“It’s not Google’s job to go around the web to declare whether sites are legal or illegal [false premise, no one asked them to do that], but if Coca-Cola comes to us and says here’s a list of 500 dynamic sites, and we don’t want you to place ads on those… that’s a slightly different…

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Quincy Jones talks music, legacy and piracy…

Quincy Jones is a living legend. We find it interesting that despite the common insights of some of the most respected artists, songwriters, performers and producers there are still those who claim musicians are better off in the post-internet world, and that piracy has not negatively effected them. Quincy disagrees, and rightfully so.

Q: How have you adapted over the years to the way the industry has changed?

A: The industry doesn’t change your production – you still do what you believe in. What’s sad is that there is 98 percent music piracy everywhere on the planet. It’s just terrible.

What if these kids (who download music illegally) worked for me for two months and then I said, “I’m not going to pay you.” That’s just not right.

READ THE FULL INTERVIEW HERE:
http://www.accessatlanta.com/weblogs/atlanta-music-scene/2013/may/21/quincy-jones-talks-music-legacy-and-why-he-likes-l/

David Lowery Debates Google on Ad Sponsored Piracy in London

A full transcript of the debate is available at Music Ally. Here’s the set up…

The topic of ad-funded piracy has been increasingly prominent in recent months, with musician David Lowery, Beggars Group founder Martin Mills, music industry body the BPI and the University of Southern California’s Annenberg Innovation Lab (among others) questioning why so many big brands’ ads appear on sites that are engaged in piracy.

Google agrees with David that Music Piracy is a for profit business…

Google’s Theo Bertram gave his company’s view, suggesting that he agreed with most of what Lowery had said. “It does seem to me to be an entirely sensible way to tackle piracy… most people doing piracy are not some guy in his bedroom altruistically sharing music with his friends. It’s people making money out of piracy, and it’s big business: some of these sites have 2m visitors regularly, and they’re not doing a bad business from advertising.”

READ THE FULL TRANSCRIPT AT MUSIC ALLY:
http://musically.com/2013/05/28/live-google-david-lowery-and-the-bpi-talk-ad-funded-piracy/

Jerry Cantrell (Alice In Chains) Talks Music Piracy: You hardly have any control over your own music.

Jerry Cantrell of Alice In Chains talks about another important issue about music piracy that effects both the band and it’s fans, the inability to safely share new material.

But with the advent of the Internet and sharing and shit going everywhere, you can’t do that anymore. We really haven’t been playing anything off the new record that’s not out yet.

We used to play new stuff all of the time. When we were touring ‘Facelift,’ we probably played half of ‘Dirt’ on the end of that tour. It’s a cool thing to be able to do, but you hardly have any control over your own music.

We’d rather wait until you get the best quality version of what we created before you start getting shitty iPhone versions from crappy gigs.

READ THE FULL STORY HERE:
http://www.ultimate-guitar.com/news/general_music_news/jerry_cantrell_talks_music_piracy

BUY THE DEVIL PUT DINOSAURS HERE AT ITUNES:
https://itunes.apple.com/us/album/the-devil-put-dinosaurs-here/id622941441

BitTorrent, “Not Designed For Piracy”… Really? Seriously? 99% Infringing…

Bit Torrent creator Bram Cohen is either one of the most misinformed people on earth, or one of the most intellectually dishonest… and here’s why… Remember this one?

BitTorrent: Bram Cohen Says ‘I commit digital piracy’?

I build systems to disseminate information, commit digital piracy, synthesize drugs, maintain untrusted contacts, purchase anonymously, and secure machines and homes. I release my code and writings freely, and publish all of my ideas early to make them unpatentable.

Uhmmmm…. So why this is surprising?

Only 0.3% of files on BitTorrent confirmed to be legal | Ars Technica

This report echoes similar results out of Princeton that were published earlier this year. Though the top categories were slightly different—Princeton found that movies and TV were the most popular, while music fell behind games/software, pornography, and unclassifiable files—that study found that all of the movie, TV, and music content being shared was indeed infringing.

Overall, Princeton said that 99 percent of the content on BitTorrent was illegal.

Oh and that Princeton Study…

BitTorrent census: about 99% of files copyright infringing | Ars Technica

It has never been a secret that the majority of files being shared over BitTorrent are movies and music that are likely being shared illegally.

But wait there’s more…

Census of Files Available via BitTorrent

Overall, we classified ten of the 1021 files, or approximately 1%, as likely non-infringing, This result should be interpreted with caution, as we may have missed some non-infringing files, and our sample is of files available, not files actually downloaded.

Still, the result suggests strongly that copyright infringement is widespread among BitTorrent users.

Fast forward to 2012…

Keen On… Bram Cohen: Has BitTorrent Killed The Music Industry?

His denial was categorical. Not only did Bram deny any role in shrinking the sale of recorded music, but he actually disputed that the music industry is in decline, claiming “data” showed it to be in a quite healthy state.

Well Bram, you might want to look at this, and this

and… as another #SFMusicTech begins BitTorrent is one of the lead sponsors… To be fair, SFMusicTech get’s to run it’s event and do business with whom it chooses. Unfortunately musicians are not given the same choice of having their work “torrented.” So how about a little honesty?

This conversation is really just about consent and compensation. Two very simple fundamental principles that pretty much everyone can agree are the foundations of not just ethical business practices, but also the basis for a fair and just society.

SFmusicTechBitTorrent

Music Tech Policy explores the question, “Can 5 Billion Ads Served a Month Be Wrong”:
MTP : BitTorrent Profits from Piracy By Serving Ads To UTorrent Client