@perstrombeck: Having a Bubble Bath or Why the “Buried” Piracy Report Got It All Backwards

[Editor Charlie sez:  Maybe the report was buried because it was an expensive embarrassment, results oriented, left out important data and was policy laundering?  And why was it only just discovered now that the European Commission fined Google $2.7 billion?  Here’s a tip–if something seems like bullshit, it probably is.]

Conventional wisdom says if you pour cold water into a hot bath, the temperature of the bath water will fall. New research, however, challenges this outdated view. That’s right: I was having a nice, hot bubble bath and decided to do a scientific experiment. So I opened the cold water tap and let it run into the tub. After ten minutes, I measured the temperature and again after fifteen minutes. To my surprise, the temperature was the same both times! It felt strange, because I was freezing, but you can’t argue with research. My experiment shows that pouring cold water into a hot tub does not decrease the water temperature. I thought about writing a 300-page report about it, but the government would only bury it.

You guessed it, I’m not really talking about bathing but the supposedly buried report that says piracy does not hurt legal sales. This idea is one of the pirates’ favourite daydreams. The recently leaked report adds to the daydreaming. I read the 307 pages so you wouldn’t have to. The mistake is on page 74. The claims go against established research, empirical evidence and common sense. The reason for the misleading conclusion is method problems (intentional or not, your guess is as good as mine).

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Content Creators Coalition (c3) Warns Congress About Artist And Songwriter Opposition To “Transparency in Music Licensing and Ownership Act”

PRESS RELEASE 

September 22nd, 2017

Content Creators Coalition (c3) Warns Congress About Artist And Songwriter Opposition To “Transparency in Music Licensing and Ownership Act”

Washington, D.C. – The Content Creators Coalition (c3) today sent the following letter to the leaders of the House Judiciary Committee warning that consideration of H.R. 3350, the so called “Transparency in Music Licensing and Ownership Act,” would spark a backlash in the artist community and could derail the Committee’s work to create a consensus copyright reform legislation:

The Honorable Bob Goodlatte, Chairman
The Honorable John Conyers, Jr., Ranking Member
House Committee on the Judiciary
2138 Rayburn House Office Building
Washington, DC 20515

Dear Chairman Goodlatte and Ranking Member Conyers:

As an artist and songwriter-run advocacy organization, we write to express our strong opposition to H.R. 3350, the “Transparency in Music Licensing and Ownership Act.”  Recognizing the importance of this issue to our constituents, this letter is signed by every member of our Executive Board.

The Content Creators’ Coalition (c3) strongly supports the Committee’s continual efforts to find consensus around broader copyright reform and to ensure that music licensing is more transparent, particularly to third party beneficiaries of recording contracts.  There is little dispute among stakeholders that music licensing, in particular the licensing of musical works, is needlessly opaque.  Publishers and record labels agree on this point, as do songwriters, performers and musicians, as well as music servicers and businesses who use music and musical works.  There is clearly an opportunity for the Committee to find consensus on these issues.

However, H.R. 3350 does not further efforts to reach consensus – instead, it represents a one-sided approach that would fail to simplify music licensing.  We are deeply concerned about the bill’s onerous registration system and financial penalty (forfeiture of statutory damages and attorneys’ fees) for songwriters or publishers who fail to register their works in a new database, created and run by the government.

As a matter of principle, an intellectual property right, like any other property right, should not be subject to forfeiture and the law should help creators understand and protect their rights – not create obstacles courses for them to navigate on pain of losing control over their creative work.  This bill, by contrast, actually incentivizes the appropriation of creators’ work based on technical or other often innocent shortcomings, removing key deterrents that should discourage music services from doing so.

The record keeping mandates in the bill are voluminous and incredibly vague. Terms like “catalog number” are undefined and could mean a number of things. Other requirements are intricate, time consuming and in many cases, appear impossible to satisfy.  How is an artist supposed to register every album on which one of her songs has been recorded, including recordings by other artists they may not even know about?  If these requirements are time consuming and uncertain for successful and well-known songwriters and publishers, they will be impossible for independent songwriters.

Most importantly, the bill also thwarts the Committee’s to create a consensus copyright reform legislation. Both the “Fair Play Fair Pay Act,” creating a terrestrial performance right in the United States, and the “CLASSICS Act,” have support from music creators and digital service providers.  While we respect the long standing and good faith efforts of Chairman Sensenbrenner to address these issues, H.R. 3350 only enjoys the support of businesses that use music and is so lopsided it would be a toxic “poison pill” in any copyright reform legislation effort.

We urge the Committee to reject H.R. 3350 and to press ahead at full speed with more genuine music licensing reform.  Thank you for considering our views.

Melvin Gibbs, President

John McCrea, Vice President

Tommy Manzi, Treasurer

Rosanne Cash

Tift Merritt

Matthew Montfort

Jeffrey Boxer, Executive Director

 

cc: The Honorable Daryl Issa
The Honorable Jerrold Nadler

@buzzfeedben: There’s Blood In The Water In Silicon Valley

27gillibrand_span

Before you think it can’t happen to Google or Facebook, remember–if you told a room full of MBAs in 1984 that in a few years time Drexel Burnham Lambert would be bankrupt and Michael Milken would be in prison, you would have been laughed out of the room.  And also remember–they almost got Google on violations of the Controlled Substances Act.  If you’re concerned, call your representatives at (202) 224-3121 and tell them you want an investigation into Google and its price fixing cartel the MIC Coalition.

The blinding rise of Donald Trump over the past year has masked another major trend in American politics: the palpable, and perhaps permanent, turn against the tech industry. The new corporate leviathans that used to be seen as bright new avatars of American innovation are increasingly portrayed as sinister new centers of unaccountable power, a transformation likely to have major consequences for the industry and for American politics.

That turn has accelerated in recent days: Steve Bannon and Bernie Sanders both want big tech treated as, in Bannon’s words in Hong Kong this week, “public utilities.” Tucker Carlson and Franklin Foer have found common ground. Even the group No Labels, an exquisitely poll-tested effort to create a safe new center, is on board. Rupert Murdoch, never shy to use his media power to advance his commercial interests, is hard at work.

“Anti-trust is back,

baby,” Yelp’s policy chief, Luther Lowe, DM’d me after Fox News gave him several minutes to make the antitrust case against Yelp’s giant rival Google to its audience of millions….

mike252520milken

So Facebook should probably ease out of the business of bland background statements and awkward photo ops, and start worrying about congressional testimony. Amazon, whose market power doesn’t fall into the categories envisioned by pre-internet antitrust law, is developing a bipartisan lobby that wants to break it up. Google’s public affairs efforts are starting to look a bit like the oil industry’s. These are the existential collisions with political power that can shake and redefine industries and their leaders, not the nickel-and-dime regulatory games Silicon Valley has played to date.

eric-and-friends
Uncle Sugar and some witnesses

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Jack Morse: The secret, illicit [piracy] underside of Google Drive

 

[Editor Charlie sez:  From the “Stop Me Before I Infringe Again” Dept….]

Turns out that Google Drive is a whole lot less buttoned up than you may have thought.

The file-sharing service typically associated with spreadsheets and office life has a dirty little secret, and it’s one that our Mountain View overlords may not be so stoked on. Namely, the service is a haven for illegal file-sharing.

The offending goods reportedly include both your standard video files as well as a unique twist on the file sharing MO: Instead of uploading entire movies or shows to Drive itself, people are dropping in scores of unlisted YouTube links.

 

Essentially, the idea is that unlisted links are less likely to be spotted by automated systems crawling for this sort of thing and are therefore less likely to be pulled. Putting a collection of those links in one Drive and sharing it over social media is like passing around a secret phonebook containing the listings for all your favorite pirated content.

Read the post on Mashable

@sarahfrier @gerryfsmith: Media Companies Are Getting Sick of Facebook

[Editor Charlie sez: royalty deadbeat Facebook is making friends all over.]

When Facebook Inc. wants to try something new, one of its first calls is to CNN. It was a key partner when Facebook introduced its news-reading app, Paper, in 2014. When the social network shuttered Paper soon after, transmogrifying it into a series of fast-­loading News Feed stories called Instant Articles, CNN remained on board. And last year, when Facebook began focusing on hosting live video, CNN was one of the few parties to which it paid a nominal fee to produce clips of, say, election results being projected on the Empire State Building.

But strain is showing in the relationship. Facebook’s latest pitch to publishers such as CNN is for them to provide a regular stream of TV-quality, edited, original videos that will give Mark Zuckerberg’s company a chance to compete with YouTube to siphon some of the $70 billion pouring into TV ads each year. In exchange, the publishers can share some of the revenue for ads that roll in the middle of the videos. Facebook will control all the ad sales.

It’s getting tougher for CNN and others to view these arrangements as mutually beneficial. “Facebook is about Facebook,” says Andrew Morse, general manager of CNN’s digital operations. “For them, these are experiments, but for the media companies looking to partner with ­significant commitments, it gets to be a bit of whiplash.” Morse says the financial compensation Facebook offers isn’t enough to convince him that working directly with the social network will be worthwhile in the long term.

Jason Kint, chief executive officer of the industry trade group Digital Content Next, was more blunt. “Media companies are like serfs working Facebook’s land,” he says.  [Editor Charlie sez, “Aren’t we all?”]

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@FranklinFoer: How Silicon Valley is erasing your individuality

[Editor Charlie sez:  Remember that most of these companies are in the MIC Coalition cartel that is colluding to destroy songwriters, and royalty deadbeat Facebook refuses to license at all.]

Until recently, it was easy to define our most widely known corporations. Any third-grader could describe their essence. Exxon sells gas; McDonald’s makes hamburgers; Walmart is a place to buy stuff. This is no longer so. Today’s ascendant monopolies aspire to encompass all of existence. Google derives from googol, a number (1 followed by 100 zeros) that mathematicians use as shorthand for unimaginably large quantities. Larry Page and Sergey Brin founded Google with the mission of organizing all knowledge, but that proved too narrow. They now aim to build driverless cars, manufacture phones and conquer death. Amazon, which once called itself “the everything store,” now produces television shows, owns Whole Foods and powers the cloud. The architect of this firm, Jeff Bezos, even owns this newspaper.

Along with Facebook, Microsoft and Apple, these companies are in a race to become our “personal assistant.” They want to wake us in the morning, have their artificial intelligence software guide us through our days and never quite leave our sides. They aspire to become the repository for precious and private items, our calendars and contacts, our photos and documents. They intend for us to turn unthinkingly to them for information and entertainment while they catalogue our intentions and aversions. Google Glass and the Apple Watch prefigure the day when these companies implant their artificial intelligence in our bodies. Brin has mused, “Perhaps in the future, we can attach a little version of Google that you just plug into your brain.”

More than any previous coterie of corporations, the tech monopolies aspire to mold humanity into their desired image of it.

Read the post on The Washington Post

@andreworlowski: Google, propaganda, and the new New Man

Google has begun to infuse American TV and movies shows with propaganda – “good propaganda”, the company insists. However, it’s unlikely to please two groups who rarely agree on anything: those who think Google isn’t diverse enough, and conservatives who fear its political and media power.

So far, Google’s “interventions” have so far been limited to making computer geeks appear more attractive. For example, following Google’s advice, a greater proportion of programmers portrayed will be women, rather than guys in hoodies. Shows apparently benefitting from the Google touch include Halt and Catch Fire, and the sitcom Silicon Valley. And expect more of the usual homilies to “learn to code” – another more subtle form of indoctrination.

President Obama was kept up to date on the efforts. White House logs show that he met both Google’s co-ordinator, media program manager Julie Ann Crommett, and the academics Google funded to study the initiative, Professor Stacy Smith at USC Annenberg, a prominent commentator on gender issues.

Diversity campaigners and conservatives have good reason to be wary when Google inserts itself in the business of mass communication. Let’s take each case in turn.

Read the post on The Register