Talib Kweli Exploited by State Farm Insurance, Neiman Marcus, Ferguson/Kohler, The Ad Council, Google, Ad Choices and Desk Top Strippers

Still think that the illegal exploitation of artists work is about freedom and sharing? From the looks of the screen shots below it’s about mass scale, enterprise level ad laundering with money originating on Madison Avenue. Or, in the case of Neiman Marcus maybe 5th Avenue?

These are major brands and corporations like State Farm Insurance, Neiman Marcus, Ferguson, Kohler, Register.com, Google and even the Ad Council who are aiding in the exploitation of, and profiting from the infringement of the artists work.

Yes Google we’re following the money and it leads back to these major brands and companies (like Google).

We’re not sure how Talib Kweli feels about all this, but maybe we’ll tweet him to find out.Earlier this summer we noticed Talib retweeted the “Letter To Emily.”

Talib Kweli Greene ‏@TalibKweli
RT @SLondonChicinFL: EXCELLENT must read for anyone who has downloaded music illegally http://tinyurl.com/7rqlppb

of course one of the greatest irony’s of pirate culture is protecting their IP while profiting from everyone else’s…

Copyrights and Trademarks
All contents of this Web site are: Copyright © 1999-2012 MP3Juices or its suppliers. All rights reserved. The MP3Juices logo, trademarks and other marks that appear throughout this Web site, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. You are prohibited from using any of the marks appearing throughout this Web site without express written consent from the respective trademark owner, except as permitted by applicable laws.

Weekly News and Recap! Sun Aug 19, 2012

Grab the Coffee!

After a brief break the weekly news is back. We also encourage our readers to send us news and stories you discover that you’d like to share with other Trichordist readers. Send your submissions to:  the trichordist (one word) at mail dot com. That’s mail dot com, no “g”.

Recent Posts:
* BMW’s Response to Ads for Its Brands on Pirate Sites
* Isohunt: Bringing People Together on the Wall of Shame
* Mullets, Platform Shoes, Mack Daddies and Public Knowledge
* Dead Kennedy’s Exploited by Charter, Blizzard, Alaska Airlines and 1-800Flowers
* Dear American Express: Stop advertising on sites that illegally exploit my music.
* Free Pussy Riot Now! This is what Real CENSORSHIP Looks Like.
* Who Speaks For The Internet? Do Artists have No Voice Online?

Pussy Riot sentenced to Jail Time, where is the internet Protest and Black Out in response to Real Censorship?
– This is what real and true censorship and oppression looks like and the internet is oddly silent. As yet we’ve not seen the kind of outrage (and outage) sparked by both SOPA and ACTA, which protected artists rights against exploitation. It is sad and confusing that the internet freedom fighters such as Google, Wikipedia and others have not come to the aid of true oppression and censorship. But then again, Pussy Riot is experiencing their troubles in the real world, not online. This is a very important story and we urge all of our readers to educate themselves about it. Mark Levine writes for Al Jazeera, “There are hundreds of artists who perform under threat to their freedom and lives, who also deserve our solidarity.”
* Amnesty International
http://amnestyusa.org/pussyriot
* Free Pussy Riot
http://freepussyriot.org/

Google changes search ranking policy, internet and tech blogosphere have fetal meltdown:
– Google announced that it will start dropping the rankings of sites with a history of infringement in it’s search rankings. We and many others have been advocating this for a long time. It is both encouraging and frustrating that these seemingly impossible policies (like youtube content management and audio fingerprinting) just make it appear to us that Google is the boy who cried wolf. That said we applaud Google, for these policy changes that have the tech blogosphere whining like a baby without a bottle. Let’s be clear about this, these policies are, have been and will be about money and Google’s best interest. Eric Goldman’s piece in Forbes is representative of the kind of fetal meltdown the Google faithful are experiencing, including the EFF. Politico noted Google’s stat that  of the 4.3 Million DMCA requests filed in one month, 97% we in fact infringing. We fully expect to see more inevitable policy changes along these lines in the future, let the screaming begin…

Related : Pirate Sites lose their cookies over Google’s policy change:
– Hmmm… it’s funny how when the pirates need to “adapt and evolve” how much whining we hear. Torrent Freak reports on how The Pirate Bay and Isohunt are in a defcon 4 panic because they know, like we do, once Google acknowledges that these sites are infringing we have started down the road to real progress for creators and artists.

Pirates eat their own in response to uTorrent’s announcement to include adware in the client:
– It never fails to amaze us how those infringing and exploiting artists feel they deserve to be paid for their labor, despite running a site that denies artists the ability to be compensated for their labor. We love this quote from one of the uTorrent developers reacting to the stream of criticisms, “µTorrent is an excellent application which comes for free, but you must understand that its development doesn’t. You just have no authority to sit in judgment over that.” Yes, please tell us more about the importance of being compensated for your labor…

Topspin’s Ian Rogers joins in letter arguing against the protection of Artists Rights:
– We like Ian Rogers alotl. Readers of The Trichordist will know that we frequently refer to Ian’s awesome post-sopa editorial on hypebot calling for non-legislative, cooperative solutions between the tech and content industries in the form of a content database and registry. It is with great disappointment that we saw Ian’s signature on a letter with many people who aggressively campaign against artists rights from the illegal exploitation of their work and fair compensation online. I’m not sure what artists are using Topspin these days, but it gives us pause when the CEO is so aligned with those who are seemingly so opposed to artists rights.

Controversial Tunecore CEO Jeff Price has exited the company:
– We can’t say that we’re surprised. We love Jeff for his passionate and unapologetic opinions about the record industry but often wondered about the accuracy of his perception. Jeff no doubt has done a lot of good on behalf of artists at Tunecore, but also was a bit too defensive and combative when called upon to engage in serious conversations about the reality of life for musicians in the piracy age. Jeff missed the mark and missed the point with an ill informed abusive rant aimed at the widely embraced “Letter To Emily” by David Lowery here on the Trichordist. We believe Tunecore offer a great service to many musicians, but the model would appear to have a glass ceiling. Only so many people are going to keep renewing fees for a service from which they can not recoup those fees, and/or the actual costs to make, market and promote an album. We always thought Jeff would have been better served understanding the real enemy of artists in the 21st Century is for profit piracy and not the major labels (which he oddly defends in the case of Spotify). We hope wherever Jeff lands he will have learned from this experience and continue to be a vocal advocate for artists rights.

Red State reports on the state of the Internet Policy:
– We’re always encouraged to see the issues facing artists and creators reaching a wider audience and greater awareness. Neil Stevens reports in this post from Red State on how Google still makes good money off of slavery and copyright infringement, the ever changing stories told by Kim Dotcom, and comments that Anonymous hasn’t gotten past banging on the table and screaming for what they want: free stuff, legal or not.

AdLand reports on how major brand advertising appears on sites with infringing content exploiting artists:
– We highly recommend checking the AdLand website. A lot of very useful and informative info. We like their no holds barred attitude in addressing the inequities happening online.

Things we like to see, Fair Trade Music Seattle:
– We hope to see more organizations like this for musicians and artists rights. We been saying for a while that people are willing to pay more for fair trade coffee once they’ve been educated, so fair trade music should benefit from the same philosophy to benefit working musicians.

What do Aimee Mann, Neko Case, Talib Kweli all have in common? Tune in this week and find out…
– Starting this week, we’ll be exploring the real word effects of the exploitation economy as we look at how brands, agencies and ad networks appear to be benefiting from the infringing and illegal exploitation of not only artists work in their music, but also the artists name and brand itself.

Reader Comment of the Week:
– This week’s user comment is from Bill Rosenblatt in response to the post Who Speaks For The Internet? Do Artists have No Voice Online? in which we discuss the parties who claim to speak for everyone online. Bill’s comment, “As for Mike Masnick, he’s the Rush Limbaugh of the Internet – he and his Dirtoheads…”

The Trichordist Random Reader Weekly News & Links Sun Aug 5

Grab the coffee!

Recent Posts:
* Kim Dotcom Parody Video Appears on YouTube
* Why Does YouTube Apologize to People who have Uploaded Illegally?
* A Kim Dotcom For All Seasons

Advocacy or Astroturf? Fortune reports on how Google and Facebook channel money to the EFF…
http://tech.fortune.cnn.com/2012/07/30/google-and-facebooks-new-tactic-in-the-tech-wars/

Essential reading, How Online Ad Networks support online piracy. This is business, Big Business. Music Tech Policy reports:
http://musictechpolicy.wordpress.com/2012/08/04/how-the-brands-and-ad-agencies-are-in-on-advertising-supported-piracy/

History repeats itself, Copyhype reports on James Frederick Willetts one of the OG content pirates, prosecuted in 1904:
http://www.copyhype.com/2012/08/enter-the-pirate-king/

Interesting, Demonoid under attack of DDOS strikes and domain redirection to virus software and malware, Torrent Freak reports:
http://torrentfreak.com/demonoid-starts-redirecting-to-ads-and-malware-120802/

Don’t believe the Hype, Facebook reports 83 million “Fake” users, and your band still can’t get 100,000 likes… Digital Music News reports:
http://www.digitalmusicnews.com/permalink/2012/120802facebook#2DUqPK9yMgrhd-3pomt14A

We’ve been disappointed by the delays of the “Six Strikes” ISP anti-piracy notification system going into effect, but the fact that it’s still upsetting to pirates warms our hearts. Torrent Freak reports:
http://torrentfreak.com/isp-six-strikes-anti-piracy-scheme-120803/

Spotify subscriber stats were released this week, but the question remains, will it scale? Digital Music News reports:
http://www.digitalmusicnews.com/permalink/2012/120731spotify#6orxX825bqy7BuKYOEPlpA

Ugh. The state of California bet almost 2% of it’s budget on the Facebook IPO hoping for easy money to help the states budget crisis. Guess what? Now it’s worse… Bloomberg reports:
http://mobile.bloomberg.com/news/2012-08-02/california-says-tax-revenue-at-risk-from-facebook-drop.html

Wall Of Shame : BMW Willing to “Drive” Without License

In our ongoing series the Wall of Shame showing advertising by major brands appearing on sites hosting unlicensed music and illegally exploiting the rights of artists, this one really spoke to us.

BMW advertising appears on the site mp3crank for the unlicensed album download of the critically acclaimed “Drive” Soundtrack. Given that BMW is the maker of “The Ultimate Driving Machine” this really make us wonder about the sophistication of context based advertising.  As such, the DMCA protection for dumb pipes would seem to not apply in this circumstance. Of course it completely makes sense to us why BMW would want to associate itself with an album of music that has entered the pop culture zeitgeist with references coming recently from the front page of the LA Times and in the season premier of the TV show Workaholics.

But we also wonder if the brand and/or its ad agency (or its online advertising affiliates) know that they are supporting the systematic exploitation of artists and creators. It would seem in very poor taste for such a highly respected luxury automobile maker as BMW to do so.

As a point of interest it should be noted that most of the artists on this album are themselves independent or signed to small indie labels. These are not “millionaire rock stars” being exploited. They are regular, hard working musicians who caught a lucky break. That break unfortunately is not for the profit of the artists, but rather this site who is contributing nothing to the artists themselves.

So how does this happen?

Who from these brands is responsible for making sure their ads don’t end up in the wrong places?

Is there any accountability at all with online ad networks?

And here’s where it gets even weirder. The link  to the site above was delisted from Google by the UK’s BPI. We assume they would have also issued a take down notice to mp3crank as well, if the site had a take down policy provision (it appears they don’t).

However the link reappears when Google forwards the DMCA notice to Chilling Effects, which itself then requires a DMCA notice to take down the report of the original DMCA notice. Kinda defeats the purpose of having the link delisted in the first place, huh?  (And notice that Chilling Effects has not registered a DMCA agent, so they may not even qualify for the safe harbor in the first place.)

For those who want to support the artists on the album legally, here’s a link to Apple’s iTunes:
http://itunes.apple.com/us/album/drive-original-motion-picture/id455448129

Artists, ask BMW to stop propping up unlicensed businesses that are illegally exploiting creators! Here’s how you can contact BMW to ask them to stop exploiting artists, include the link to this post in your email.

BMW GROUP CORPORATE COMMUNICATIONS – NORTH AMERICA

Dirk Arnold   Vice President, Corporate Communications   Tel: 201-307-3954   Email: Dirk.Arnold@bmwna.com

Amanda Thomas-Henke   Corporate Communications Coordinator   Tel: 201-307-3724 Email: Amanda.Henke@bmwna.com

 

The Trichordist Random Reader Weekly News & Links Sun Jul 15th

Grab the coffee!

This past (two) weeks posts on The Trichordist:
* Declaration Of Free Milk and Cookies
* CopyLike.Org – It’s Not Stealing, Are You Sure?
* Musician’s POV: Five Things Spotify (and others) Could Do Today to Level the Playing Field for Independent Artists
* Second Nyan Cat Award Goes To The Fake Thomas Jefferson And His Copyleft Creators
* PETm : People For The Ethical Treatment Of Musicians
* The Return of Orphan Works: A Review of the 2008 Shawn Bentley Orphan Works Act Part 1

The attempt for another land grab of creators rights is brewing again, this time in the UK. The video below is an introduction and explanation to get you up to speed. More in depth reporting from Music Tech Policy at the link below: http://musictechpolicy.wordpress.com/2012/07/15/history-of-orphan-works-legislation-corporate-theft-video/

DEADLINE FOR COMMENTS : Wednesday July 25 @ 5PM EST
Artists, Musicians, Creators – U.S. Intellectual Property Enforcement Coordinator Victoria Espinel is asking for you to “Help Us Shape Our Strategy for Intellectual Property Enforcement.” You can comment directly at this link:
http://www.regulations.gov/#!submitComment;D=OMB-2012-0004-0002

We’re very encouraged to see ethical practices by some corporate citizens. PayPal puts on the white hat in support of artist and creators right, denies payments to “File Hosting” site operators, Torrent Freak Reports:
http://torrentfreak.com/paypal-bans-major-file-hosting-services-over-piracy-concerns-120710/
Related from Torrent Freak:
http://torrentfreak.com/paypal-bans-bittorrent-friendly-vpn-provider-120622/
Could these policy changes be the result of one man? Torrent Freak Reports:
http://torrentfreak.com/one-man-army-on-a-mission-to-destroy-the-cyberlocker-market-120705/

Uh Oh… CNET Is Now Facing Hundreds of Millions In Piracy Infringement Penalties… Digital Music News Reports:
http://www.digitalmusicnews.com/permalink/2012/120714cnet

Why copyright matters. Beginning in 2013 individual artists become illegible to regain ownership of their masters via termination of transfer of copyrights. This issue alone illustrates the value of copyright to all musicians.
http://www.forbes.com/sites/richardbusch/2012/06/12/the-battle-over-copyright-termination-and-the-first-round-goes-to/

Forbes reports on Google’s Piracy Liability. Essential Reading:
http://www.forbes.com/sites/scottcleland/2011/11/09/googles-piracy-liability/

Google misled consumers about their privacy, the FTC’s investigation shows. Google may have to pay $22m fine, Ars Technica Reports:
http://arstechnica.com/tech-policy/2012/07/google-may-pay-22-5-million-penalty-for-ignoring-safari-do-not-track/

Fascinating post from 1709 Blog challenges the ISP “Dumb Pipe” and DMCA qualification as such. Contextual Advertising is based on informed knowledge of user behavior, hardly “dumb pipe.” Read more at 1709 Blog (which should be on your blogroll as well!):
http://the1709blog.blogspot.com/2012/07/mere-conduits-dumb-pipes-think-again.html

David Lowery interviewed by Andrew Orlowski in the UK’s Register, “Lowery: The blue-collar musician at the eye of the copyright storm.”
http://www.theregister.co.uk/2012/07/08/david_lowery_interview/

Copyright Alliance reports on the artists appearing and supporting the Trans Pacific Partnership which protects IP and Artists Rights:
http://blog.copyrightalliance.org/2012/07/no-two-artists-are-alike-2/

EFF’s John Perry Barlow is Wrong, says Google’s Chief Economist

What Artificial Scarcity?

John Perry Barlow is the outspoken EFF co-founder who wrote the sophomoric and nonsensical manifesto for the internet. Much of Barlow’s principal talking points regarding his complete disregard for the protection of artists rights in the digital age centers around the idea that “property” especially of the intellectual kind should not exist on the internet.

“Your legal concepts of property, expression, identity, movement, and context do not apply to us. They are all based on matter, and there is no matter here.”- John Perry Barlow

The fact that this is posted on the EFF website should be at the very least alarming, if not completely absurd for a policy group to display publicly as part of its mission.

There is much talk online by freehadist’s that digital bits are worthless and the cost of a copy is zero, therefore all content online has a near zero marginal cost and should be freely available. Of course any rational and reasonable person would know that this is nonsense due to the fixed cost of production on information goods. Hell, even Google’s own Chief Economist Hal A Varian “get’s it” as outlined in his book, Information Rules:

Page 83.

John Perry Barlow asserted that “Intellectual property law cannot be patched, retrofitted, or expanded to contain digitized expression… We will need to develop an entirely new set of methods as befits this entirely new set of circumstances.” Is Barlow right? Is copyright law hopelessly outdated? We think not.

Continued, Page 93.

“Bitlegging” can’t be ignored: there’s no doubt that it can be a significant drag on profits.

Bitleggers have the same problem that any other sellers of contraband material have: they have to pet potential customers know how to find them. But if they advertise their location to potential customers, they also advertise their location to law enforcement authorities. In the contraband business it pays to advertise… but not too much.

This puts a natural limit on the size of for-profit illegal activities: the bigger they get, the more likely they are to get caught. Digital piracy can’t be eliminated, any more than any other kind of illegal activity, but it can be kept under control. All that is required is the political will to enforce intellectual property rights.

Fascinating that Google is so actively involved in exploiting the content that other’s have paid to create in production costs, as Google profits from the marginal costs. Clearly, the value of monetizing content without fixed production costs is not an unknown concept to the company given that their chief economist literally wrote the book on information economies. As a matter of fact, that appears to be a damn good model to build advertising around, who knew?

Also note the emphasis on political will power.  In fact, we’ve seen that Google seems to have plenty of that to oppose the protection of artists rights.

[update] Here’s John Perry Barlow, sparring with Bob Weir at SF Music Tech in Feb of 2012. Barlow repeats the same talking point in trying to dismiss Weir’s concern over compensation for artists online. Jump to 5:10 in the video to hear Barlow say, “I think the answer is there, we just have to, we just have to get the property model out of the picture… “

###

see also : Musicians For An Ethical Internet
https://thetrichordist.wordpress.com/2012/05/03/roll-call-musicians-for-an-ethical-internet/

###

[ THE 101 ] [NEW BOSS / OLD BOSS ] [ SPOTIFY ] [GROOVESHARK ] [ LARRY LESSIG ]
[ JOHN PERRY BARLOW ] [ HUMAN RIGHTS OF ARTISTS ] [ INFRINGEMENT IS THEFT ]
[ THE SKY IS RISING : MAGIC BEAVER EDITION ] [SF GATE BLUNDERS PIRACY FACTS ]
[ WHY ARENT MORE MUSICIANS WORKING ] [ ARTISTS FOR AN ETHICAL INTERNET ]

The Trichordist Random Reader News & Links Sun Apr 29

Grab the coffee!

Google stops charging for advertising, moves to t-shirts and merchandise model instead (just like bands should)…
http://themusicaldisconnect.blogspot.com/2012/01/google-announces-ads-free-just-buy-tee.html

Class war on creatives; Salon reports astounding labor stats of 45.3% drop in “Musical groups and artists” from Aug 2002 – Aug 2011…
http://www.salon.com/2012/04/22/no_sympathy_for_the_creative_class/singleton/

Spotify to introduce “Pandora” like internet radio. This allows Spotify access to all music, as no artists or labels can opt out and royalties are set as stat rate. Will be interesting to see if the Major Labels have direct licenses that redirect the artist share to the labels.
http://www.hypebot.com/hypebot/2012/04/spotify-readies-pandora-like-radio-service.html

This week was Grammy’s On The Hill, support artists rights, call your representative…
http://capwiz.com/grammy/callalert/index.tt?alertid=61243176

In case you were wondering, traditional terrestrial radio airplay is still the number one influence in music purchasing “60 percent of musically active consumers citing it as a top influence.” We love social media but don’t believe the hype…
http://www.hypebot.com/hypebot/2011/12/active-vs-passive-fans-why-radio-tv-still-rank-tops-for-music-discovery-best-of-hypebot.html
https://www.npd.com/wps/portal/npd/us/news/pressreleases/pr_111110

If you disagree with Sergey Brin it’s only because you aren’t smart enough to understand that he doesn’t want to ask your permission to exploit you or your work so that Google can make more money…
http://copyrightblog.co.uk/2012/04/20/a-sergey-update-we-misunderstood-him/

Can’t make this up, Pirate Politician Says Party ‘Rising as Fast as Nazis’…
http://www.spiegel.de/international/germany/0,1518,829166,00.html

Hacker collective Anonymous to create pirate streaming music search engine so that music “can be free.”
http://www.slashgear.com/anonymous-targets-music-industry-with-anontune-20223840/
However, there is some interesting skepticism online.
http://www.geek.com/articles/news/anonymous-launches-anontune-streaming-music-service-20120419/

Larry Lessig explains why Hollywood (ie, “the copyright industry”) needs to accept that there’s no point in protecting copyright. This is the origins of the “break the internet” rhetoric. Uploaded by the Pirate Party to YouTube on Aug 27, 2009…