Posts with tag "RIAA"
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Braindead TechCast EP 127: But Steve, it’s Apple

In some ways this could have been a Moronic Monday show given that we ended up talking about some really stupid things that everyone is getting all excited about even though we’re not sure why. A bonus for Sean was that he could tell me that it’s all because it’s Apple – which seems to becoming his favorite saying.

Oh and we have a bonus for you tonight.

Post that are referred to in the show.

Enjoy the show

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And the bonus is (via Geek O System):

http://www.youtube.com/watch?v=2oOHZvAYmxk

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Braindead TechCast EP44: Drizzle is a viable defense for murder in Vancouver

There was a worrying moment when Sean and I thought we might have a repeat of Tuesday’s non-show thanks to Talkshoe but we persevered and managed to get everything behaving nicely. As result we got to talk about a few things tonight starting with how even a simple email from Steve Jobs is all of a sudden a newsworthy event that everyone and their brother has to read the tea leaves over.

The conversation then turned to Twitter once again and how the announcement of them looking at having their own URL shortening service instead of bequeathing the ‘official’ title to Bit.ly. From there we talked a little about the whole Annotation thing that has most of the developers pretty excited.

The show ended off with us shaking our heads over the latest wishlist from the RIAA and MPAA and how there seems to be absolutely no real interest from the tech blogosphere over this or ACTA.

Posts referred to in the show

Canadian wireless carrier claims next-gen iPhone to arrive in June – AppleInsider
Steve Jobs Replies To Email: “Are You Nuts?” - MacStories
ACTA: The acronym hardly anyone knows yet should be scared to death of – The Inquisitr
RIAA & MPAA wishlist to screw the consumer – The Inquisitr

Enjoy the show

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The newspaper industry is the wrong one to crash this early

dying newspapers There are two major old media industries that are slowly and inextricably headed toward either radical change or demise. The first – the newspaper industry – is the one that seems to destined to be the poster child of old media heading into that long good-bye first, but I think far more deserving of this first place is the entertainment industry. More specifically the music industry. Not the musicians themselves but rather the the bloodsuckers that feed off of them.

Even in this day and age there is still a place in our electronic world for newspapers; whether they be online, offline or a mixture of both. They as a whole still provide a service that has value even though they are having a hard time trying to figure out how to monetize that value. The music industry on the other hand serves no purpose anymore as the musicians now have all the tools and the world, through the Internet, as their marketplace in order to provide for themselves.

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Well Colour Me Unimpressed – Pandora Gets Another Stay

Please don't shoot - yetBefore anyone starts jumping down my throat about how great Pandora is, how bad the RIAA is or how this is all about restoring our rights as consumers let me say this….

Pandora is a great service; and one that the other 95% of the world would love to use as well but that isn’t able to. I; and the rest of the world outside of the US, loved using Pandora up until it was chopped off at the knees by the music industry as they used copyright laws and their royalty system like a chainsaw. Even though this latest call to arms was due to yet another trade association trying to kill off any competition it doesn’t change the fact that this Pandora publicity is only a minor part of a much larger issue.

The actual Webcasters Bill that is being raised above the crowd like some flag of victory doesn’t change anything even it is passed. Take a look at the summary of the actual bill for the short form explanation of what the bill actually does (you can read the whole thing here)

SUMMARY

H.R. 7084 contains technical amendments to the Small Webcasting Settlement Act of 2002 (P.L. 107-321) which will permit commercial and noncommercial webcasters to negotiate royalty rates and terms other than those determined by the Copyright Royalty Board (CRB) in its May 2007 decision.  That decision was the basis for legislation introduced last year and is currently subject to a legal challenge at the D.C. Circuit Court of Appeals, which has, thus far, upheld the market rates and terms set by the CRB.

The key line here is …which will permit commercial and noncommercial webcasters to negotiate royalty rates. Wow, now US webcasters can negotiate with music labels outside of the US centric royalty structure contolled by the music labels. Well big whoop-di-doo – just because you have been given a right to negotiate doesn’t mean that the bloodsuckers on the other side of the table give a shit about your offers or that they will even come to the table. As with all things to do with the music labels and the RIAA (and now the NAB) they don’t care about what the webcasters want. They only care about how much money they can suck from you even if it means you going bankrupt.

The fact is that webcasters are being held up against the wall with a gun to their heads. They are being forced into a position where they have to pay more in royalties that what they can ever hope to pull in by advertising or subscriptions combined and still make a profit margin. It doesn’t matter if it is a serice like Pandora or a music loving fan streaming their favorite music on the web and not making a cent. Even though Corvida in a post on ReadWriteWeb liken this latest event to being a huge success; which I highly question, she also points out that this is only a stopgap measure

While this is a huge success for web radio broadcasters, it’s not everlasting. The Act will allow web radio broadcasters to negotiate with the music industry only while Congress is out of session. They have until February 15th to settle upon a new royalty rate. While four months may seem like a long time, we understand how much of a hassle the music industry can be to the world of all things digital.

I would suggest that the last sentence is nothing short of a big understatement given that this doesn’t change the fact that the music labels and the RIAA would be just as happy to negotiate webcasters out of existence and royalty rates are their best weapon. Like Paul Glazowski points out over at Mashable

Rates which, in short, are what can either ensure the continued existence of such services or drive many to go belly up just as their collective popularity is increase

In addition this does nothing to address the biggest problem for webcasters in the US – they are being cut off from the rest of the world. They can cut all the royalty deals they want and exist on literally penny profit margins but that doesn’t change the fact that they are still isolated. As a result both the webcasters and the users are being held ransom by the music labels and the RIAA. So remember this while you are all slapping yourselfs on the back over this short lived victory – it doesn’t matter to the rest of the world because nothing has changed.

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From the Pipeline – 9.20.08

There are times when I really miss the bitchmemes from weekends pasts. Nothing like a really good bitchfest to keep the weekend going but instead we just sort of coast from the Friday to Monday without a single thing to raise our blood pressure. Oh well here’s a few things I found in my information pipeline that you might fine of interest to look over.

Somalia Kidnapping Economy Booming :: Wired – I definitely wouldn’t want to recommend this activity as a great way to spend your holiday – especially if you have no-one who could pay the ransom.

Why Do The Police Call In The RIAA To Investigate Potential Crimes? :: Techdirt – first they get to wear the really cool SWAT like uniforms and now they get to play ride along with the real cops … what a job to have eh

Needish: A Simple Idea That Promises A Lot :: keremz – interesting idea – list something you need and then let the crowd help you get it … wonder whatever happened to personal ingenuity

Donkey Penis… It’s What’s For Dinner :: Weird Asia News – uhm .. okay … I think I’m a little at a loss of words for this one.

MailWrangler and the Apple App Store :: Angelo DiNardi – yet another case of Apple kicking someone out of their App Store.

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Piracy Isn’t The Problem

iPod 5th Generation white.

Image via Wikipedia

I have read no less than three different posts today about music, Pandora, the RIAA and piracy. Well it’s actually only two real posts since Chris Pirillo’s offering was no more than a cut and paste of his conversation on FriendFeed. Along with his non-post post there was Cyndy Aleo-Carreira who looks to be filling in for Duncan Riley while he hobnobs with all the cool folks at this year’s Gnomedex. This was followed up with a post by MG Siegler over at VentureBeat.

Of course all this breast beating over the demise of online music services follows on the news of Muxtape supposedly running afoul of the RIAA and how Pandora is going to possibly pull the plug because of excessive copyright fees being collected by RIAA’s bum bosom buddy the SoundExchange. Of course the call to arms by the RIAA and SoundExchange is of course that they are only doing what they have to do to protect the musicians against music pirates. You know – those scum buckets who think that they can take whatever they want and not have to pay for it.

One of the most common arguments people seem to use as a way to combat the scourge of piracy is to price the products at a price point that is fair to both the artists and the consumers. Great argument but it falls apart on two parts

  1. The artists under the current label management system which pays for the RIAA don’t have any say over the price of their products. While this might be changing as some bigger name in the business tell the music labels to kiss their asses the fact is the labels control the whole process.
  2. Even if the prices are at a level that is considered reasonable for the quality of the music not everyone has access to buy the product online. The primary method of any purchases made on the web – including iTunes – is via credit cards or US based debit cards. Well guess what – not everyone lives in the United States and not everyone in the world owns a credit card.

While there are some alternatives to iTunes that do accept payment methods like PayPal they are few and far between (without googling name three such services) and then you have to hope that they even have the library of music available that will cover your interests.

As I read through all the comments from Chris’ cut and paste post it utterly amazed me just how many people equated pirating music with the person being cheap. The fact that we are willing to pay $3.00 for an over-rated cup of black swill from Starbucks and yet not want to pay 9.99 for a musician’s CD makes anyone who illegally obtain a copy of that CD as being cheap. Well I tell you what … the moment you make it as easy as walking up to a counter and ordering that CD and pay for it by putting my money on the counter then I’ll agree that those who steal it under those circumstances as being cheap bastards.

I also think that it is high time that we start making a strong distinction between the recording industry as run by the music labels and their RIAA lapdogs and the real music industry which is where the money we spend should be going to. As Cyndy Aleo-Carreira points out in her post on The Inquisitr

If the RIAA has its way, every music app, with the exception of basic consumer sales sites like iTunes, will be gone. In its zeal to recreate the past with a sales model that had the labels rolling in money and the industry controlled by the complicated and often incestuous relationship between radio and the labels, the RIAA would completely eliminate the technology that could make even the long tail of recorded music profitable

I would be willing to bet my next year’s almost non-existent ad revenues that there isn’t a musician around that wouldn’t love to see things like Muxtape and Pandora continue to keep doing the thing they do best – introduce us all to new and interesting musicians. Before Pandora was forced into a  position of geotarding its service I can’t Pandoracount the times that I came across music that I would have loved to buy either the single song or the whole album.

The loss of services like Muxtape and Pandora have nothing at all to do with piracy but everything to do with the recording companies, the RIAA and the government who depends on the massive amount of monies funneled into re-election campaigns. If anything services like Pandora would be a viable way to fight piracy especially if there was a way that anyone had an easy way to buy the songs they heard on the services like Pandora.

Will there be people who will always want something for nothing? Of course – that goes without saying but agencies like the RIAA and SoundExchange are not going to change that one iota. Digital goods will always be available through illegal means just as physical goods have always been available from the backs of trucks – nothing is ever going to change that. As MG Siegler points out in his post

But more, I’m perplexed. Both of these sites are absolutely brilliant for discovering and enjoying music — shouldn’t the labels and artists be embracing them? Figuring out how to make it work, rather than shutting taking them down?

Regardless of the spin campaign used by the recording industry and the RIAA the current situation of services like Pandora and Muxtape; and even Napster from some time ago, has nothing to do with fighting piracy but everything to do with maintaining their iron grip on their gravy train. It just so happens that the pirates are making us all realize just how screwed up the whole situation is. So in the end don’t be blaming the pirates or calling them cheapskates instead focus the anger and dissatisfaction on the recording industry for making it so hard to find the music we like and for all of us to be able to buy it.

UPDATE: Just after I hit the publish button on this I came across a post on The Technium called Why People Pirate Stuff – excellent follow up read


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Encourage Piracy By Making Legal Music Too Hard to Listen To & Killing The Providers

Pandora - facing the deathknell Before Pandora became a geotarded service it was one of my most favourites services that I had running more often that winAMP. Along with Last.fm the Pandora service was one of the best ways to find out about new music and musicians. While Last.fm is still available via their web site and is now a property of CBS Pandora on the other hand was forced to literally cut their listening base by more than half because of incredibly restrictive and expensive copyright agreements by foreign RIAA look a like organizations claiming to be protecting the rights of the musicians.

Of course these are the self same musicians who will be the first to tell you that them money they make from their recordings is next to nil. The vast majority of their money comes from concert tours and other merchandising deals that they can cut – especially once that doesn’t include the so-called agencies claiming to protect their interests. The fact is that these agencies much like SoundExchange couldn’t care less about the artists or that the money they are suppose to be collecting for said artists never actually reaches them in most cases.

Now thought this argument about Internet webcasters is coming to a head along with incredibly large bills as well as totally unreasonable yearly fees that in some cases can equal 200 to 300 percent of their revenues. This in effects puts a bullet right between the eyes of services like Pandora while at the same time terrestrial radio stations have to pay nothing while doing exactly the same thing – serving up music to people. Unlike terrestrial radio though services like Pandora and Last.fm do one more very important thing besides letting you find new musicians – it lets you actually buy their music with very little trouble. As Candace from Geek Media points out

What really gets to me about this issue is, Pandora actually helps the artist. Traditional radio does not give you the option to buy the music you hear. You have to find that music. Traditional radio also only plays certain songs by an artist. Places similar to Pandora (like last.fm) give you the chance to hear songs you would never hear on the radio and, artists you would never hear on the radio.

I’ve bought plenty of music thanks to Pandora and last.fm . I’ve also discovered plenty of new artists thanks to those two sites. I can not say the same for traditional radio. Yet, Pandora and stations like Pandora are seemingly punished for introducing people to good music, and helping the artists. Something isn’t right here.

Right now we are standing at probably the most important cusp for internet music and webcasters like Pandora. As Peter Whoriskey wrote today on WashingtonPost.com:

Last year, an obscure federal panel ordered a doubling of the per-song performance royalty that Web radio stations pay to performers and record companies.

Traditional radio, by contrast, pays no such fee. Satellite radio pays a fee but at a less onerous rate, at least by some measures.

As for Pandora, its royalty fees this year will amount to 70 percent of its projected revenue of $25 million, Westergren said, a level that could doom it and other Web radio outfits.

 

Don’t get me wrong artists deserve to be paid for their creative work but organizations like the RIAA and SoundExchange aren’t at all about protecting the artist’s rights or collecting monies that might be due them. For them it is all about making themselves rich off of the backs of the artists who they say they are representing. Even taking a look at the board of directors on the SoundExchange organization one doesn’t see a single recording artist but one does find a whole bunch of recording label executives. Labels who are very quickly finding out that they are a in a business whose very existence is being called into question.

The problem is that unless there are some late ditch efforts on behalf of webcasters like Pandora and even smaller providers they will find themselves being driven out of business. In the end though we are going to be the losers because as more and more legitimate ways to discover new music and easy ways to purchase that music in ways that doesn’t include the record label. What will happen is that there will be more and more piracy of music regardless of the efforts of crooked organizations like the RIAA – and that you can take to the bank.

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Talk about a stretch of the imagination

What do you mean a public nuisance? We all know how the movie industry and the music industry love nothing better than to make people who for whatever reason pirate music and movies out to be the worst thing since Atilla the Hun. Sure there might be a small section who do pirate digital goods for immense profit but the reality is that in most cases it is just kids or people who might not be able to afford those end products in the first place.

Through their wannabe police proxies otherwise known as the RIAA and MPAA the entertainment industry has; and continues to strong arm influence governments around the world. However not happy with this the industry is now looking to local governments on a state by state level. As reported by David Kravets on the Threat Level blog the MPAA and RIAA has been heavily involved with the Los Angeles County Board of Supervisors in crafting new local laws that will declare music and video piracy as a public nuisance.

As innocent as that might sound that classification; which also includes drugs, gangs, prostitution and gambling, in fact allows them a very large leeway in how these so-called evil perpetrators are dealt with. From the Treat Level blog:

In an ordinance just adopted, the five-member board is declaring that piracy “substantially interferes with the interest of the public in the quality of life and community peace, lawful commerce in the county, property values, and is detrimental to the public health, safety, and welfare of the county’s citizens, its businesses and its visitors.”

The regulation was crafted at the urging of the Motion Picture Association of America and the Recording Industry Association of America.

The county retains the right to shutter a property for up to a year for violating ordinance 13.90.010 and also gives local authorities the right to bring a civil action to “temporarily restrain, preliminarily enjoin, and/or permanently enjoin the person or persons intentionally conducting, or knowingly maintaining or permitting the public nuisance from further conducting, maintaining, or permitting such a public nuisance.”

Property owners who knowingly permit such activity can also be dinged $1,000 for each counterfeited work produced on the property.

Now tell me that this sits right with the average citizen. To bad we’re all so wrapped up in nonsense like Web 2.0 and don’t seem to care one bit as more and more of our liberties and rights are being corrupted by industries that are more interested in their bottom line than anything else.

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