Stop SOPA Stop PIPA

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Just wanted to post a few places where you can go to get information on the #SOPABLACKOUT:.

Related Post: Back in 2001, I talked about why the DMCA was unconstitutional

Protected: MP3Tunes Decision

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Capitol Records v. MP3Tunes

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Decision:

Definitely the most important case to come out in a while and may impact Google Music Beta and Amazon Cloud Service.

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Spotify Patent Infringement Lawsuit

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I imagine this may have seemed innovative in 1995 to the patent examiner at the time seeing as the internet was brand new and music was still on CDs but do we want to really reward the genericness of this patent and stifle innovation?

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Facebook Trolling | Identity Theft

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Whoever just requested to reset my facebook password 6 times within a few minutes might not be aware of the most recent ruling from a California judge that “logging into someone else’s Facebook account” may constitute identity theft and result in prosecution. From the article on Ars Technica’s Law & Disorder blog:

The juvenile was prosecuted under a California statute (section 530.55) which applies to anyone who:
wilfully obtains personal identifying information [of the victim and] uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medication information.

They might also not realize that I haven’t really used Facebook in the past year.

Spotify Terms of Service

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I have been reading the Terms of Use and Terms of Service for many of the new online music services recently and this excerpt of text from Spotify stood out from the rest:

13. Advertising and use of computational resources

Spotify has a right to allow the Spotify Software Application and the Spotify Service to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the Spotify Software Application and the Spotify Service, and to facilitate the operation of the network on which the Spotify Software Application and the Spotify Service runs.

Spotify® Terms and Conditions of Use
Effective as from 14 July 2011

Which basically means that you agree to allow Spotify to use processing power and bandwidth at your disposal. You can not opt of this requirement and at minimum must provide them with 1gb of data storage space (the default setting is 10% of free disk space) on the machine you install the application on.

Of course, you could always turn it off.

Music Matters (to me)

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Music’s ability to give goosebumps is scientifically proven. In the same vein, music has the ability to energize, motivate or simply to give one the energy to continue on.

I also feel that each song has a threshold at which point it will no longer trigger that emotional response that we first elicited out of it, be that excitement, sadness etc. And that threshold is different for each of us and lies somewhere between 1 listen and 1,000.

Each song also has that ability to transport us back to a specific time and place as well. It’s an amazing thing – music.
One example, is the song Wake Up by Arcade Fire, which I liked at first and felt it had run its ground but then gained new significance when combined with the images of the new Spike Jonze ” Where the Wild Things Are“.

I mentioned to a friend last night that I would not know what to do with myself were anything to happen to my ipod (the one I bought in 2004 and has recorded every song (pretty much) that I have listened to since then.

The reason I think this is true is because I have coded thousands of songs in this ipod with ratings and play counts that tell me whether I have exceeded the threshold or whether these songs are still relevant.

Update 8/21/11: My ipod is barely able to hold a charge, but before its playing days are over I’m determined to listen to every song on it in order. Right now I’m listening to #386 Many Rivers to Cross by The Walkmen.

Sonic Youth & Cassette Culture

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repost of an item from the Induce Act blog circa March 2005 (and links to (someone else’s) pics from the sat nite (8/12/6) show I attended after the break. I’ve seen SY many times before in concert, but this was definitely one of the best shows of theirs that I’ve seen.)

Thurston Moore on Grokster:

For those of us who think that digital delivers a harsher sound than analog, it’s a sonic nightmare dealing with the new world reality of MP3s. They’re even more compressed and harsh than CDs, and in the case of vintage grooves – be it Led Zeppelin, Bad Brains, or Pavement – sound even more detached from musical vibration.

But even if MP3 music sounds lame, as long as it’s recognizable in form, free, and shareable, it’s here to stay.

Once again, we’re being told that home taping (in the form of ripping and burning) is killing music. But it’s not: It simply exists as a nod to the true love and ego involved in sharing music with friends and lovers. Trying to control music sharing – by shutting down P2P sites or MP3 blogs or BitTorrent or whatever other technology comes along – is like trying to control an affair of the heart. Nothing will stop it.

Adapted from Mix Tape: The Art of Cassette Culture, edited by Thurston Moore.

Brooklyn Vegan: Yeah Yeah Yeahs & Sonic Youth (McCarren Pool, Brooklyn, NYC)

* YYY 8/12 pics / setlist: (similar to the show in D.C. on NPR all songs considered except they ended with Y Control)

* SY 8/12 pics with M. Ibold of Pavement / setlist: Teenage Riot, Reena, Incinerate, What a Waste, Eric’s Trip, Do You Believe in Rapture?, 100%, Turquoise Boy, Rats, Jams Run Free, Pink Steam (Thurston’s lo9ve song to a girl he met in 1979), Shaking Hell (encore)

Related: SY band website / SY on The Hype Machine

mixtape1.jpg

Paper: MP3 Blogs & Copyright Infringement

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In response to my Copyrights and Music Blogs post, Anthony Volodkin of The Hype Machine has brought to my attention this interesting paper, entitled MP3 Blogs : A Silver Bullet for the Music Industry or a Smoking Gun for Copyright Infringement? [link], by Cardozo’s Andrew Goldstone on ‘an analysis of the current state of copyright law in relation to various aspects regarding the editing, publishing and hosting of MP3 Blogs.’

Excerpt: “This paper will consider various types of copyright infringement and their applicability to MP3 blog. In addition, should these theories be applied to MP3 blogs, an explanation of how the court might proceed with an analysis will be included. In addition, I will discuss the fair use defense, its applicability to the actions of MP3 bloggers, and various factors that might cause the court to view the position of MP3 blogs more favorably than it has peer-to-peer networks.”

Is P2P File Sharing Non-Competitive Use of the Work?

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As Professor L. Ray Patterson explains:

“The competitor uses the copyright; the consumer uses the work. The copyright owner, by reason of the Copyright Act and the copyright clause, has not only no right to interfere, but a duty not to interfere with the consumer’s use of a publicly disseminated work.”

In the course of copyright legislation and through a drafting error that occurred at the time of the 1909 act fair use was now being applied to consumers where previously it had only applied to a competitor’s use or piracy:

“As originally promulgated, the fair use doctrine was a fair ‘competitive’ use doctrine designed to enable a rival author or publisher to use a copyrighted work in preparing another publication. Therefore, the doctrine applied only to competitors, not consumers.”

Therefore an individual user should not be liable for copyright infringement unless their actions rise to the level of piracy.

Consumers are not competitors. Whether copyright laws should even apply to their use of the work is up for debate; whether that be distribution or downloading; so long as that use is non-commercial.