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/

Should take down mean stay down? EU’s Big Internet quiz leaks | The Register UK

Wha-wha-whackamole

Safe harbour’s takedown provisions mean that rights holders must play whackamole, as the black supply chain ensures the goods reappear in the shop window, usually the very next day. Rightsholders file millions of takedown notices with little effect. The BPI alone has filed 66 million with Google in the past year.

The clumsy YouTube deal with indies was never supposed to become public, but it simply made clear what everyone already knew: the platform held all the power, and takedowns were ineffective. But as one US legal expert told us, “limiting liability was never intended to be a shield for criminal behavior”.

READ THE FULL STORY AT THE REGISTER UK:
http://www.theregister.co.uk/2015/09/14/should_takedown_mean_staydown_eu_internet_probe_leaks/?page=2

“I Ain’t Gonna Work On Google’s Farm No More” | Creators are Forced Labor* On The Ad-Funded Piracy Fields Of The Advertnet

Advertising is killing internet. Soon most online advertising will be forced pre-rolls of TV commercials. You finally have a DVR to skip commercials, and soon there will be no way to avoid them. Do you really think this is what what the internet’s founding founders had envisioned? One great big inescapable advertising machine? No, we didn’t think so either.

Creators are now forced labor* on the digital fields of the AdvertNet, where the Borg like overlords of internet advertising have forced us into being unwilling participants on their digital plantations against our will. We have no defense against the advertising funded, illegal exploitation of our labor.

Now we want to be clear, we’re not opposed to advertising in general, the advertising industry overall or the many highly talented creatives who work in advertising. We all love those Superbowl ads, right? And let’s not forget that many a band in recent history has found fortune from a well placed song in a high profile commercial (Hello, Phoenix).

No, we’re talking about the highly invasive, privacy invading, personal data tracking, internet advertising slathered on pirate sites that illegally distribute copyrighted works and destroy the livelihoods of professional artists and creators against their will.

Digital Advertising Agencies are on the wrong side of artists rights. They have sold us out.

Here’s the elephant in the room. The internet as a business has a math problem and it goes something like this. There are only a few ways to make money on the online. First is transactional sales where the company can take a margin on each transaction (Amazon, Itunes, Etc). Second is a transactional service where the company can take a margin on each transaction (Uber, AirBnB, etc). Third is subscription based access to content and software (Netflix and Adobe respectively). Fourth is advertising for pretty much everything else including the big categories of Software As Service or SAAS. SAAS models including everything from Google, Facebook, Twitter and Instagram to newspapers, blogs and community based bulletin boards like Reddit, etc.

The fundamental problem here is attempting to transform all businesses to advertising supported models. This is because the largest most successful internet company ever (Google) just happens to work under that model. But the economics at large don’t generate enough revenue to pay for the cost of labor for the production of art, photography, music, movies, book, etc being distributed.

Think about it. How could it be possible that everything that once required transactional revenues to be sustainable can now be paid for with just advertising revenue? It can’t. Not under current models that do not allow for scarcity and exclusivity.

Scarcity and exclusivity are what make broadcasting models work. Television networks invest in creating exclusive content that is scarce. The scarcity and exclusivity allows for maximum monetization of that asset. The Superbowl and the Academy Awards are two of the highest grossing advertising based products specifically because they are scarce.

Take the above one step further. Imagine that everything on the internet, every single site that is not selling merchandise, a service or a subscription has to be self supporting on advertising revenue alone. Do you really think that’s possible? No, it is not. This is simply because to the cost of production of professional content can not be created at the cost that internet advertising provides.

The work around this math problem is to steal the labor of professional creators and monetize it against their will.

No budgets to pay for production, no problem. Steal It. 

Just make the margin on the cost of running the business without paying for content production. A business that does not have to pay for its inventory or cost of goods is far more profitable than one that does pay those costs. This is exactly how pirate sites and Google’s YouTube operate.

The creators of YouTube admitted as much in private emails that were exposed during the lawsuit with Viacom:

• A July 29 email conversation about competing video sites laid out the importance to YouTube of continuing to use the copyrighted material. “Steal it!” Chen said , and got a reply from Hurley, “hmmm, steal the movies?” Chen’s answer: “we have to keep in mind that we need to attract traffic. how much traffic will we get from personal videos? remember, the only reason our traffic surged was due to a video of this type.”

And here’s what it looks like… Lou Reed Exploited By American Express, AT&T, Chevrolet, Chili’s, Lysol, Pottery Barn, Vons, Domino’s Pizza, Netflix, Galaxy Nexus and Ron Jeremy!

LouReedGoogleSearch

LouReedAMEX

LouReedNETFLIX

LouReedDOMINOS

LouReedGalaxyNexus

LouReedVONS

LouReedPOTTERYBARN

LouReedLYSOL

LouReedCHILI'S

LouReedCHEVY

LouReedATT

LouReedTPBPORN

* Forced Labor? Hyperbole? With no ability to opt out, without being granted choice, consent or the ability to negotiate our wages, what else is it?

Essential Reading on the Internet’s Emerging Exploitation Economy.

We write a lot about the issues facing creators, but we’re only just the first to be effected by the Exploitation Economy.


Uber and the Lawlessness of ‘Sharing Economy’ Corporates | The Guardian

It’s not only about musicians and creators, we are just the first to be effected.  The same Silicon Valley scam is going to exploit more and more people. Read on…

“Nullification is a wilful flouting of regulation, based on some nebulous idea of a higher good only scofflaws can deliver. It can be an invitation to escalate a conflict, of course, as Arkansas governor Orville Faubus did in 1957 when he refused to desegregate public schools and president Eisenhower sent federal troops to enforce the law. But when companies such as Uber, Airbnb, and Google engage in a nullification effort, it’s a libertarian-inspired attempt to establish their services as popular well before regulators can get around to confronting them. Then, when officials push back, they can appeal to their consumer-following to push regulators to surrender.”

READ THE FULL STORY AT THE GUARDIAN:
http://www.theguardian.com/technology/2015/jul/28/uber-lawlessness-sharing-economy-corporates-airbnb-google

 


Stop calling it the “Sharing Economy.” That isn’t what it is. | Olivier Blanchard

What it is, is the Exploitation Economy…

“Disruption rocks though!”

No, it doesn’t. The right kind of disruption rocks. The kind that has value, that solves a problem, that improves an imperfect system. But disruption for the sake of disruption is just noise. It can even be destructive, and that doesn’t rock. It doesn’t rock at all.

Because Apple was “disruptive,” anything deemed disruptive now somehow borrows from Apple’s cachet. “Disruption” has become another meaningless buzzword appropriated by overzealous cheerleaders of the entrepreneurial clique they aspire to someday belong to. And look… every once in a while, someone does come up with a really cool and radical game-changing idea: Vaccines, the motorcar, radio, television, HBO, the internet, laptops, smart phones, Netflix, carbon fiber bicycles, drought-resistant corn, overpriced laptops that don’t burn your thighs in crowded coffee shops… Most of the time though, “disruption” isn’t that. It’s a mirage. It’s a case of The Emperor’s New Clothes, episode twenty-seven thousand, and the same army of early first-adopter fanboys that also claimed that Google Plus and Quora and Jelly were going to revolutionize everything have now jumped on the next desperate bandwagon. What will it be next week? Your guess is as good as mine.”

READ THE FULL POST AT OLIVIER BLANCHARD:
http://olivierblanchard.net/stop-calling-it-the-sharing-economy-that-isnt-what-it-is/

 


The Crowdsourcing Scam | The Baffler

It’s all the same Silicon Valley scam. Whether you are a musician or a cab driver, this about labor, and you could be next…

Silicon Valley calls this arrangement “crowdsourcing,” a label that’s been extended to include contests, online volunteerism, fundraising, and more. Crowdsourced work is supposed to be a new, more casual, and more liberating form of work, but it is anything but. When companies use the word “crowdsourcing”—a coinage that suggests voluntary democratic participation—they are performing a neat ideological inversion.

The kind of tentative employment that we might have scoffed at a decade or two ago, in which individuals provide intellectual labor to a corporation for free or for sub-market wages, has been gussied up with the trappings of technological sophistication, populist appeal, and, in rare cases, the possibility of viral fame.

But in reality, this labor regime is just another variation on the age-old practice of exploiting ordinary workers and restructuring industrial relations to benefit large corporations and owners of the platforms serving them. The lies and rhetorical obfuscations of crowdsourcing have helped tech companies devalue work, and a long-term, reasonably secure, decently paying job has increasingly become a MacGuffin—something we ardently chase after but will likely never capture, since it’s there only to distract us from the main action of the script.

READ THE FULL POST AT THE BAFFLER:
http://thebaffler.com/salvos/crowdsourcing-scam

 


Silicon Valley Is Not a Force for Good | The Atlantic

We don’t need to throw the baby out with the bath water, what we need is fair and ethical businesses.

It’s been a long journey from Google to Snapchat—or to apps that enable drivers to auction off the public street-parking spot they’re about to leave in San Francisco. With a few exceptions, the Valley’s innovations have become smaller, and smaller-minded. Many turn on concepts (network effects, regulatory arbitrage, price discrimination) that economists would say are double-edged, if not pernicious. And while the Web was touted as a great democratizing force, recent tech innovations have created lots of profits at the top of the ladder and lots of job losses lower down. The tech sector itself has proved disappointing as a jobs engine and at times hostile to women.

READ THE FULL POST AT THE ATLANTIC:
http://www.theatlantic.com/magazine/archive/2015/07/silicon-valley-shrinking-vision/395309/

 


Jaron Lanier: The Internet destroyed the middle class | Salon

Jaron Lanier was the first to identify and speak about this issue. We’re glad to see others catching up to him. Here’s a refresher…

“Here’s a current example of the challenge we face,” he writes in the book’s prelude: “At the height of its power, the photography company Kodak employed more than 140,000 people and was worth $28 billion. They even invented the first digital camera. But today Kodak is bankrupt, and the new face of digital photography has become Instagram. When Instagram was sold to Facebook for a billion dollars in 2012, it employed only 13 people. Where did all those jobs disappear? And what happened to the wealth that all those middle-class jobs created?”

“Future” also looks at the way the creative class – especially musicians, journalists and photographers — has borne the brunt of disruptive technology.

READ THE FULL STORY AT SALON:
http://www.salon.com/2013/05/12/jaron_lanier_the_internet_destroyed_the_middle_class/

 


 

Sleeping Through a Revolution | Jonathan Taplin @ USC

This presentation by Jonathan Taplin at the Annenberg Innovation Lab breaks it all down. Required Viewing.


 

Jaron Lanier: The Internet destroyed the middle class | Salon

Jaron Lanier was the first to identify and speak about this issue. We’re glad to see others catching up to him. Here’s a refresher…

“Here’s a current example of the challenge we face,” he writes in the book’s prelude: “At the height of its power, the photography company Kodak employed more than 140,000 people and was worth $28 billion. They even invented the first digital camera. But today Kodak is bankrupt, and the new face of digital photography has become Instagram. When Instagram was sold to Facebook for a billion dollars in 2012, it employed only 13 people. Where did all those jobs disappear? And what happened to the wealth that all those middle-class jobs created?”

“Future” also looks at the way the creative class – especially musicians, journalists and photographers — has borne the brunt of disruptive technology.

READ THE FULL STORY AT SALON:
http://www.salon.com/2013/05/12/jaron_lanier_the_internet_destroyed_the_middle_class/

Silicon Valley Is Not a Force for Good | The Atlantic

We don’t need to throw the baby out with the bath water, what we need is fair and ethical businesses.

It’s been a long journey from Google to Snapchat—or to apps that enable drivers to auction off the public street-parking spot they’re about to leave in San Francisco. With a few exceptions, the Valley’s innovations have become smaller, and smaller-minded. Many turn on concepts (network effects, regulatory arbitrage, price discrimination) that economists would say are double-edged, if not pernicious. And while the Web was touted as a great democratizing force, recent tech innovations have created lots of profits at the top of the ladder and lots of job losses lower down. The tech sector itself has proved disappointing as a jobs engine and at times hostile to women.

READ THE FULL POST AT THE ATLANTIC:
http://www.theatlantic.com/magazine/archive/2015/07/silicon-valley-shrinking-vision/395309/