Archive for the 'copyright' Category

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Thought DMCA was bad? Here’s DTCS!

While people were buying Christmas trees and turkeys, the U.S. House of Representatives, and specifically Jim Sensenbrenner (Republican) and John Conyers (Democrat), have prepared a very nice gift to the MPAA:

(…) I’d like to continue by looking at H.R. 4569, the Digital Transition Content Security Act of 2005, which proves the point I’ve made many times over the years, that when it comes to technology, government doesn’t really know what it is doing. H.R. 4569, which was introduced in the U.S. House of Representatives on December 16th, is intended to protect the intellectual property rights of movie studios by MAKING ANALOG-TO-DIGITAL CONVERSION ILLEGAL.

Under the Act as proposed, manufacturers will have one year after passage to stop making devices that convert analog signals like music and video into digital forms unless those forms preserve some original Digital Rights Management technology present in presumably the pre-analog stage.

What this is about, then, isn’t making it illegal to use a digital recorder to record from analog microphone. Heck, that would destroy the music industry. Congress’s thinking (if we dare call it that — I see no flashes of synapses firing) is that media are going digital more and more and the greatest opportunity for snatching content is during the actual performance when, for the sake of driving a screen or a speaker, the digital signal goes analog.

What’s covered by this proposed law are things like TiVO and RePlay Digital Video Recorders, TV tuner cards for your PC, software intended to record audio or video streams, or just about any device or program you might use to actually implement that part of the Digital Millennium Copyright Act that says you have the right (though soon not the equipment) to backup or media-shift your own music and movies.
(from I, Cringely)

And someone had the same reflection as I had and did the research for me:

When I go to opensecrets.org and look who Jim Sensenbrenner’s top contributors are a few names tend to stand out: Broadcast Music Inc. (BMI), News Corp., Comcast Corp., Viacom Inc., Motion Picture Assn of America (MPAA) and the Major League Baseball Commissioner’s Office. It’s also interesting to note on Sensenbrenner’s latest reported personal financial statement that he received two all expense paid trips (including other family members) to Vegas and New Orleans from the National Association of Broadcasters and the National Cable and Telecomm Association. I wonder if he was flying first class and I wonder if these people want you to have your TiVo or not?

And isn’t it ironic when you look up John Conyers’ financial information that you find some of the same and some new names as well. Some of the names that stick out as John Conyers’ largest financial contributors? Comcast Corp., Clear Channel Communications, Major League Baseball Commissioner’s Office and ASCAP.
(from thomashawk.com)

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The MPA and other people’s money

Like the RIAA, the MPA has the logical reaction to disruptive forces: send out the lawyers.

Suing file-sharers is apparently so 18-months-ago that the music industry, in dire need of something new to justify their hefty legal retainers, has taken aim at sites that offer �unauthorized� lyrics and unlicensed song scores. The Music Publishers� Association (MPA), which represents US sheet music companies, said it will launch its first campaign against such sites in 2006. MPA president Lauren Keiser told the BBC that shuttering websites and imposing fines aren�t quite sufficient, saying if authorities can �throw in some jail time I think we�ll be a little more effective.� Ho, ho, ho.
from google.weblogsinc.com

The main issue here seems to be that because of music lovers exchanging/downloading lyrics from websites, there is no market anymore for selling books with lyrics, a market that had already suffered under the evil influence of the Xerox photocopy. I have two words for that: buggy wips!

Lawrence Garfield: You know, at one time there must’ve been dozens of companies making buggy whips. And I’ll bet the last company around was the one that made the best goddamn buggy whip you ever saw. Now how would you have liked to have been a stockholder in that company? You invested in a business and this business is dead. Lets have the intelligence, lets have the DECENCY to sign the death certificate, collect the insurance, and invest in something with a future.
from Other People’s Money, by Danny DeVito

Again we have to look at the Electronic Frontier Foundation to talk some sense into the big guys with piles of money but no clue how to adapt.

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Consumers digital rights

Consumer Digital Rights
The BEUC (“Bureau Européen des Unions de consommateurs” or European Consumers Organisation) has set up a web site to inform consumers on which rights they still DO have on their digital content:
www.consumersdigitalrights.org

Consumers are not pirates!
P2P is like stealing a CD in a shop!“, “We have to protect artists who are being robbed by consumers on the Internet!“.
We are being fed this type of “truth” thanks to the efforts of certain major music and film industry interests.
For this reason, we are launching today with a press conference in the European Parliament and with the support of Mrs Zuzana Roithová MEP, a Campaign supported by a “Declaration of Consumers’ Digital Rights“.
from consumersdigitalrights.org

They put the following 6 basic consumer rights forward:

The BEUC tries to give a voice to a large group of consumers and individuals that have a hard time to counter the lobbying power of record and movie companies. If you want to support the action, put a logo on your own page!

  • 240 x 61 pixels:
    <a href="http://www.consumersdigitalrights.org" target="_blank"><img src="http://static.flickr.com/32/63355147_3827f27158_m.jpg" title="BEUC Consumer Digital Rights" border="0" /></a>
  • 500 x 127 pixels:
    <a href="http://www.consumersdigitalrights.org" target="_blank"><img src="http://static.flickr.com/32/63355147_3827f27158.jpg" title="BEUC Consumer Digital Rights" border="0" /></a>

And, yes, that’s me on the interview page.

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Adam Curry goes 100% podsafe


Adam Curry, godfather of podcasting, has had an epiphany:

I was told – maybe I should say … threatened is not the right word – but ‘promised’ that they (the music/broadcasting companies) are gonna come after podcasters, and they’re gonna shut them down. What was implied, is that they were going to shut podcasting down.
(at 9:58 in DSC-275-2005-11-07.mp3)

So he did not take this ‘promise’ lightly and got rid of all his licensed music.

11:10 Wondering why certain episodes of DSC are not in the archives? Adam has been contacted by several Dutch representatives of international music services tell him “hey, this file’s on your server, it’s licensed music, get it off there.” Adam has removed episodes with such songs on there. Adam has even “cleaned” his computers at home of every possible mp3, and now has only podsafe tunes on there. Adam will not play any non-podsafe song on the DSC. No more Mashups. If it’s not on PMN, it doesn’t get played.
from Daily Sourcecode Show Notes

Adam was actually in Brussels while doing that podcast, visiting some European Parliament contacts. He is concerned that the music industry could get a European directive passed, making sure that there will be no way for podcasters to play licensed music, no reasonable priced yearly/monthly license. Playing commercial music is only for the big boys.

So Adam’s reaction is: “Scr*w you, we’ll make you irrelevant”. Don’t know if it’ll work, but it’s a big step.

Once they get to know new artists in the free-and-legal bag they aren’t reliant on music which can only be shared in the underground, but getting them over the hump is not so easy: they have to hang around long enough to absorb new sounds and stop being disappointed that they can’t have the old ones. With Adam and the many podcasters he influences on board, we have a good shot at breaking through.
from Lucas Gonze’s blog via beatmixed

I am still before that hump, I’m not ready yet to throw out all my RIAA/IFPI licensed music. There’s just to many memories linked to music I have. Long Hot Summer, I Keep Forgettin’, Knocks me off my feet, That Night, these songs mean something for me, I cannot switch completely to podsafe music. Yet.

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