Weekly Recap Sunday Nov 4, 2012

Grab the Coffee!

Recent Posts:
* Techdirt Is A Never Ending “Dumb Off”
* Untruth in Advertising: Pandora’s Misleading Plea To Listeners On Behalf Of The Internet Radio “Fairness” Act.
* Mellencamp Character Assassination. The New Republic Bravely Stands Up For Corporations and Criminal Groups That Exploit Artists.

From Around The Web:

Ars Technica
Artist who sued Twitter over copyright declares victory—via settlement
The Russian underground economy has democratized cybercrime
Google settles Rosetta Stone lawsuit, its last major dispute over AdWords

Copyhype
Friday’s Endnotes – 11/02/12

Music Producer Tunnidge via Facebook
Tunnidge Facebook Post
“I am going to try and be as obvious as possible. Without being able to make money from our music it effects greatly our ability to make the music, more often it stops us.”

Vox Indie
Where’s Our Outrage When Internet “Free Speech” is Really Under Attack?
Blogspot.com, a Bridge to Piracy?

The Illusion Of More
On Letting Foxes Mind Chicken Coops

The Register UK
The Big Debate: OK gloomsters, how can the music biz be FIXED?

Zoe Keating
Towards a manifesto
“We can’t just hope that the interests of music and technology companies will always magically align with ours. We have to participate in the process. Otherwise, we just have to accept that anachronistic legislation, policies and deals will continue to be written without our input. We need public policy that reflects us. We need fair royalty schemes. We need companies to build our interests into their business models.”

Popup Pirates
Theft is not “Free Speech”

Music Tech Policy
Mellencamp Is Right, Brand-Supported Piracy Screws Songwriters AGAIN: Snakes in the Grass, @McDonalds, Google and Other Species of Vermin

Digital Music News
It Gets Worse: Pandora Executives Have Dumped $63 Million In Stock In the Last Year…
13 Extremely Scary Things About the Music Industry Today…

Tape Op
ON SPOTIFY (AND WHY I’M NOT A CONSPIRACY THEORIST AFTER ALL)

Copyright Alliance
AN INVITATION TO FREE INTERNET ADVOCATES TO JOIN US
“Without free speech, copyright protection is meaningless. The two rights are critical to artists and combined have proven to be a powerful force for social justice around the world. That is why we consistently and openly advocate for a fair and open internet that champions free speech as well as respect for authorship.”

Torrent Freak
Piracy Topsite Operators Handed Suspended Jail Sentences
IMAGiNE BitTorrent Piracy Group Members Jailed
BitTorrent Pirate Ordered to Pay $1.5 Million Damages For Sharing 10 Movies
Link ‘Pirate’ Sentenced to Pay $13,000 to NBA, NFL, NHL, WWE and TNA

AdLand
The trouble with Adsense – abusive porn ads on The Star news site [NSFW]

Weekly Recap Sunday October 21, 2012 aka Pandorathon, On and On…

Grab the Coffee!

Recent Posts, aka The Pandorathon:
* Sign the @musiciansunion (AFM) Letter: Friends don’t let friends get IRFA’d!
* If Pandora wants Terrestial Radio Royalty Rates, Act Like It – Problem Solved!
* Tim Westergren’s Sophomore Slump. New Bill Sucks, Old Radio Fairness Bill Was Way Better.
* Screw You Too, Pandora. Part I. Pandora The Union Buster! Jail time for Collective Bargaining?
* Four Simple Reasons Why the Pandora Radio Act Screws Musicians (EZ Reader)
* Screw You Too, Pandora. Part II: Did Pandora Lie During Their IPO? Or are they just plain old greedy.
* IRFA Analysis: Section 2
* Screw you too, Pandora™ PT III. Kangaroo Court: Pandora Bill Requires Firing of Copyright Judges and Replacement with Fake Judges.
* Screw You Too Pandora! Pt IV. Why Conservatives and Libertarians Should Be Appalled By The IRFA Bill.
* Radio Fairness? Sirius/XM Paid My Band $2,213 Pandora Paid $91

And, in case you missed it:
* Amex must really like advertising on #1 copyright infringing and illegal porn linking site Filestube
* Mythbusting : Music Is Too Expensive!?
* Remembering Steve Jobs

From Around The Web.

C|NET:
* Breaking Bad’s Bryan Cranston on Piracy and TV’s golden age

SPIN:
* Downloaders Beware: Copyright Alert System Arises as Torrent Sites Enter the Cloud

COPYHYPE:
* Friday’s End Notes Oct 19, 2012

VOXINDIE:
* Blogspot.com, a Bridge to Piracy?
* Why Doesn’t YouTube Address the Real Content ID Fail?

ETHICAL FAN:
* Calling All Lawyers! uTorrent Increases “Privacy” and Counters Mass-Monitoring of Downloads

COPYLIKE via MEMEGENERATOR:
* Scumbag Steve – Downloads Music for free Buys $300 headphones
* Join Copylike on Facebook

THE CYNICAL MUSICIAN:
* If a Tree Falls in the Forest and Nobody Hears It…

TORRENTFREAK:
* Microsoft Will Ban Halo 4 Pirates from XBOX Live
* Maybe he should have thought twice? Pirate Bay Founder in Jail.

DIGITAL MUSIC NEWS:
* Trent Reznor returns to Major Label System

HYPEBOT:
* SXSW announces first 40 Panels for 2013

MUSIC TECH POLICY
* Betting the Company: The Internet Radio Fairness Act has little to do with the Internet, Radio or Fairness
* An Overlooked Brookings Institute Study on Fighting Piracy at the Corporate Level

AFM:
* Check out the American Federation of Musicians on Facebook

CREATIVE AMERICA:
* Petition for an Internet The Works for Everyone

Eyesight to the Willfully Blind: Five Things That ISPs Can Do Today to Stop Ripping Off Artists

We are still waiting for the launch of the vaunted “Copyright Alert System” which was supposed to be up and running this month (July 2012).  Now we are hearing October.  You know what we think?  We think the ISPs have bullshitted their way through another year of profiting from human misery.

We have heard just about enough from ISPs who perpetuate blatant theft online hiding behind a variety of hollow excuses—when ISPs clearly know that they profit more from theft and are in a better position to stop it than anyone else with their snout in the digital trough.  This started with ISPs benefiting from broadband penetration largely stoked by massive digital theft, willfully ignoring repeat infringers and now using the public mobile spectrum to snort down unlicensed works.

Here’s a few ideas for ISPs—but it starts with a basic suggestion.  Go to the mirror.  However you want to try to slither out of responsibility this time, take a good look at your lying face and ask yourself if you are proud of what you are doing.

1.  Stop marketing your services to encourage theft from artists.  Fast download speeds don’t have to be measured in how many movies or recordings your users can download—they can figure that out, too.

2.  Respond to repeat infringer requests quickly—you know that the DMCA you love so much does not require a full blown federal jury trial on a link by link basis before a track is infringing.

3.  Stop bullying artists who send you notices.  Your lawyers try to scare artists by threatening to bring your big boy litigation budget down on the head of an artist who’s doing good to make the poverty line when they complain about being ripped off.  And you’re surprised that we have a problem with you?

4.  Get serious about piracy.   Stop advertising on pirate sites and commit to reducing piracy by 10% a year on your networks.  We don’t need to follow the money through some black box designed to make it hard.  We know why your ads never seem to appear on porn sites—someone will get fired if they do.  But obviously, no one gets fired when your ads appear on pirate sites because more traffic helps you sell broadband.

5.  We’re going to give you the same advice we give others who profit themselves by screwing artists—give some back.  You could put 1% of your profits into arts education and health services for artists, you’ve definitely made way more than that in the biggest income transfer of all time.  You want our music, movies, books, newspapers, photographs and illustrations for your “legitimate” services?  Do the right thing.

The DMCA is Broken…

This post was sent to us by a friend who runs an indie label:

Just about a year after hiring two part time people, to do nothing else but issue DMCA takedown notices we’ve crossed the 50,000 notice milestone. The division of labor requires one person just to monitor YouTube, and another handles all DMCA compliant sites such as CyberLockers, Torrent Search Engines, etc.

The DMCA is BROKEN.

Most of the take downs are for the same title, at the same site, the same day. Day after day during the initial release period of the album (generally the first 60-90 days) it is a constant game of whack-a-mole.

We shouldn’t have to have the same title removed from a site more than once – and each time we issue a notice it takes 24 to 48 hours to remove. But, once it’s removed it is generally back on the site within a few hours.

We should not have to send a notice for the same title more than once, ever – Not to Rapidshare, not Grooveshark, not any one of the probably top 20 offending sites we track, and those are just the ones that even have a DMCA provision (The Pirate Bay for example does not, nor did Limewire to the best of my memory).

If site operators want to hide behind “how do we know what’s infringing”… Well, here’s how, we’ll let you know! If we issue you a notice, you now know… do you think the title will suddenly not be infringing the next day, when re-uploaded by the same offending person? Seriously? Does Billy in Pittsburgh suddenly own the rights to a Radiohead album (for example)?

Internet piracy apologists are quick to accuse labels and artists of wanting the government or others to become piracy police. This is simply not true. Most labels I know of have assumed the responsibility to track and issue takedown notices for themselves and on behalf of their artists (who should be focused on creating, not policing). Ironically, these same people are offended and attempt to diminish the issue when confronted with the overwhelming amount of takedowns being issued.

Keep in mind, we’re issuing DMCA takedown notices for ALBUMS not songs, entire albums are zipped as an archive and now distributed with as much ease as songs once were… let me say that again, our notices are for ALBUMS not songs…

There can be no question why album sales continue to plummet, and why digital album sales have leveled off… meanwhile, I suppose individual songs will continue to grow given the ease, convenience and low cost of a 99 cent purchases from iTunes.

The simple math says that if each of those uploaded ALBUMS was only downloaded ONCE by one other person, that is a loss of revenue of $350,000 dollars wholesale ($7 x 50,000).  If each one we’re downloaded only TWICE that is a loss of $700,000 dollars in revenue a year ($350,000 x 2). This is just for ONE indie label tracking only it’s top five titles at any given time.

Yes, many will exclaim that not every illegal download is a lost sale (to the artist/label/rights holder). But, these numbers illustrate the financial impact of just ONE or TWO illegal downloads per DMCA takedown notice. I think any reasonable person would agree the number of downloads per upload is significantly more than ONE or TWO.

We only have the resources to track 5-10 titles at a time with any effectiveness. Catalog is a free for all.  When adding in current titles that fall below the current top ten best sellers and a catalog that reaches back almost two decades the numbers become truly staggering.

This is why the number one agenda of the recorded music industry must be to address the illegal exploitation of artists work and closing this loophole in the DMCA, which is clearly not the intent of the law.

Roll Call : Musicians For An Ethical Internet

The conversation is now clearly about the unethical practices of corporations and companies profiting from the illegal exploitation of artists work without consent or compensation. As the 13 year war against Artists Rights has waged on, more and more artists are recognizing this fundamental truth, and speaking up.

Many artists are expressing the need for an Ethical Internet that should preserve all the rights and freedoms enjoyed in the physical world. Anyone who proposes that one set of rights (privacy, labor & fair compensation) must be sacrificed to protect another set of rights (freedom of speech), should be seriously questioned. Internet and tech companies need to innovate beyond the old model of illegally exploiting artists work as the basis for their unimaginative models and work to create new fair and ethical businesses.

Bono, Elton John, Eminem, Prince and others don’t need anything that Piracy is said to offer such as promotion, which is laughable at best. The Pirate Bay has made, and continues to make MILLIONS OF DOLLARS annually from artists via advertising (from Google) while providing no compensation to the artists what-so-ever. This is truly immoral and unethical, as well as being unacceptable as a legitimate business.

We hope that more artists will continue to speak up in favor of artists rights online in the pursuit of an ethical internet. What follows is a list of previous artists comments, compiled and attributed to their respective sources on the subject.

BONO
“…somebody should fight for fellow artists, because this is madness. Music has become tap water, a utility, where for me it’s a sacred thing, so I’m a little offended. The Internet has emasculated rather than liberated artists…”

LL COOL J
“My first question is this: Do people in the entertainment industry have the same rights as other Americans to fair pay for fair work?”

PATRICK CARNEY  / THE BLACK KEYS
“The guy [Sean Parker] has $2.5 billion he made from figuring out ways to steal royalties from artists, and that’s the bottom line.”

ELTON JOHN
“I am of the view that the unchecked proliferation of illegal downloading (even on a “non-commercial” basis) will have a seriously detrimental effect on musicians, and particularly young musicians and those composers who are not performing artists.”

EMINEM
“I think that shit is fucking bullshit. Whoever put my shit on the Internet, I want to meet that motherf***er and beat the shit out of him, because I picture this scrawny little dickhead going ‘I got Eminem’s new CD! I got Eminem’s new CD! I’m going to put it on the Internet.’ I think that anybody who tries to make excuses for that shit is a fucking bitch.”

JOHN MCCREA / CAKE
“The idea of making a living from selling musical recordings is sort of a quaint idea and is no longer really feasible… But I do think that if music is going to be free, then sandwiches should also be free. There should be some consistency and we should learn to cooperate better.”

ZACK HEMSEY
“…piracy is primarily motivated by greed – it’s a business, and apparently a very good one. There’s nothing wrong with someone making money, but if they are making money by commandeering and exploiting my work, and not even sharing any of those earnings with me to boot, then it shouldn’t be controversial to suggest their actions are less than admirable.”

DON HENLEY
“Theft of American products and ideas is no longer the hobby of teenagers with laptops; it’s big business, as the Office of the U.S. Trade Representative warns in a recent report on the world’s most notorious illicit markets. And they’re not just stealing movies and music; they are stealing America’s jobs and  future.”

PRINCE
“Nobody’s making money now except phone companies, Apple and Google…It’s like the gold rush out there. Or a carjacking. There’s no boundaries.”

DAVID LOWERY
“I feel that what we artists were promised has not really panned out.  Yes in many ways we have more freedom.  Artistically this is certainly true.  But the music business never transformed into the vibrant marketplace where small stakeholders could compete with multinational conglomerates on an even playing field.”

TRENT REZNOR
“Just because technology exists where you can duplicate something, that doesn’t give you the right to do it. There’s nothing wrong with giving some tracks away or bits of stuff that’s fine. But it’s not everybody’s right. Once I record something, it’s not public domain to give it away freely. And that’s not trying to be the outdated musician who is trying to ‘stop technology. I love technology.”

DAVID DRAIMAN / DISTURBED
“Make no mistake, however, that the culture that has been bred over the course of the last 10+ years of simply thinking that all music should be available for free is wrong, and immoral; plain and simple.This mentality has created an environment where it is more and more difficult for artists, particularly up-and-coming ones, to survive and sustain themselves. We, as artists, love and appreciate our fans more than you know. We know that we could not exist without you, but we don’t steal from you, not in any way, not ever. Wrong is wrong, no matter what color you paint it, or how you try to spin it.”

THE GRATEFUL DEAD
“No commercial gain may be sought by websites offering digital files of our music, whether through advertising, exploiting databases compiled from their traffic, or any other means.”

LOGAN LYNN
“What pisses me off is having over 91 percent of my personal intellectual property stolen, often before it even has the chance to be finished and released to the world. As a professional musician, a lot of time, hard work, and money goes into making a record. As an independent musician, that money comes directly out of my own pocket. ”

RANDY BACHMAN
“Digital online piracy is making it nearly impossible for Canada’s emerging artists to make it”

LUPE FIASCO
“People are trapped in the culture where music needs to be free and you don’t need to pay for it… who are you to have the right to tell me that I shouldn’t demand payment or feel a certain way for seeing people put my music out there like that? If I chose to do that, that’s one thing. But I didn’t choose to do that. That music was stolen.”

LILY ALLEN
“The world over, people are stealing music in its millions in the form of illegal file-sharing. It’s easy to do, and has become accepted by many, but we need people to know that it is destroying people’s livelihoods and suffocating emerging new British artists.”

TAIO CRUZ
“I could have been dropped from my record deal because so much was spent and so much of my album was leaked and not paid for. But luckily my label had great belief in me. File-sharing has had a very, very negative effect on my career, as it has on many others.”

In closing, perhaps this quote from Hemingway is also appropriate as food for thought:
“The individual, the great artist when he comes, uses everything that has been discovered or known about his art up to that point, being able to accept or reject in a time so short it seems that the knowledge was born with him, rather than that he takes instantly what it takes the ordinary man a lifetime to know, and then the great artist goes beyond what has been done or known and makes something of his own.” – Death in the Afternoon

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[ 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 ]