@illusionofmore: EFF Petition Language Used in Fake Emails to the FCC

[Editor Charlie sez:  Here’s a blast from the past–For a little context on this excellent post by David Newhoff–Remember the Electronic Frontier Foundation from the “Google Shill List“?

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Or Roger Parloff’s reporting in Fortune: “If the Electronic Frontier Foundation, the nation’s preeminent digital rights nonprofit, had disclosed last year that it received a cool $1 million gift from Google — about 17% of its total revenue — some eyebrows might have been raised.”  Not to mention the very, very, very close ties between EFF folk and some Google executives.

And remember that the last FCC Chair who pushed through the current Net Neutrality rules was ably assisted by one Gigi Sohn, formerly of fellow Google Shill Lister Public Knowledge and current fellow of the Soros Open Society Foundation, pictured here with Fred von Lohmann, who led the charge against artist rights while at EFF until he actually returned to the mothership, so to speak, and joined Google:

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And which side of the Net Neutrality debate might Google be on?]

It’s depressing how often one reads news that makes the United States seem as though we’re reliving the 19th century rather than an enlightened 21st.  With that comment, you might think I’m referring to the current administration (and I certainly could be), but at the moment, I refer to Americans across the political spectrum who seem willing to return to the political tactics of Tammany Hall, albeit in digital form.

On May 31, the National Legal and Policy Center, a D.C. watchdog group, reported that an “initial forensic analysis” of the 2.5 million comments submitted to the FCC on Net Neutrality found that over 465,000 of these were fake. It further states that over 100,000 of these comments used language from the Electronic Frontier Foundation’s “Dear FCC” petitioning tool in support of “Net Neutrality.”  Although the NLPC did not accuse the EFF of processing these false emails, the organization was quick to defend itself as though it had been so accused.  It’s June 1 response states …

“NLPC’s report is false. Not one name, email address, or email domain cited in the report matches to any of the comments that came through EFF’s comment tool.”

Then, missing the point and seizing the moment, the statement proposes …

“Throughout the FCC’s comment process, we’ve seen malicious actors attempt to discredit the process by generating obviously fake comments. Their hope is that they can drown out the voices of the overwhelming majority of Americans who support net neutrality.” 

I am in no way qualified to assert that the EFF had any direct hand in the fake emails, but somebody spammed the FCC; and I have no problem saying that the EFF’s rebuttal is preposterous.

Read the post on Illusion of More

@michaelburke47: Major companies pull YouTube ads following report of ‘a soft-core pedophile ring’

Several major companies have reportedly pulled advertisements on YouTube following a report that the comment sections on the site have been used to facilitate “a soft-core pedophile ring.”

Bloomberg News reported Wednesday that Walt Disney Co. has joined Nestle and video game maker Epic Games in pulling advertising from YouTube, days after a YouTube user named Matt Watson uploaded a video explaining how YouTube comment sections are used to identify and share exploitative videos of young girls.

Watson said in his video that YouTube’s algorithm has helped facilitate the ability of pedophiles to trade social media contacts, provide links to “actual child porn” and trade “unlisted videos in secret.”

Bloomberg News cited “people with knowledge of the matter” in reporting that Disney has since withheld its advertising spending from YouTube.

Read the post on The Hill

@cmu: As Copyright Directive campaigning starts up again, article thirteen opponents stung by London Times investigation plan to take to the streets

[Editor Charlie sez:  As David Lowery says, democracy dies in botness.  Even Spotify apologists are skeptical of the Google-backed Pirate Party tactics.]

Before attention formally returns to the draft European Copyright Directive next month, the Pirate Party’s representative in the European Parliament – Julia Reda – is hoping to get opponents to the more controversial elements of the proposals out onto the streets.

The copyright reforming directive has been in development for years, of course. For the wider music industry, the focus has been article thirteen, which seeks to increase the liabilities of user-upload platforms like YouTube….

Since the vote, the music industry has been very critical of tactics employed by the tech lobby, and especially big bad Google, in the weeks prior to the vote. Their campaigning, it’s argued, misrepresented what article thirteen is really about. Meanwhile opponents presented themselves as mere concerned internet users – when many were in fact funded by billion dollar tech giants – and used technology to artificially amplify their voice.

David Lowery’s The Trichordist website has run a number of articles exploring these tactics, all of which make for very interesting reading. Meanwhile The Times reported earlier this month how “Google is helping to fund a website that encourages people to spam politicians and newspapers with automated messages backing its policy goals”.

The newspaper put the spotlight on an organisation called OpenMedia, which counts Google as a platinum supporter, and which was also analysed by The Trichordist.

The Times wrote: “The campaigning site is intended to amplify the extent of public support for policies that benefit Silicon Valley”, before confirming that “the tools were recently used to bombard MEPs with phone calls opposing EU proposals to introduce tighter online copyright rules”….

While calling on people to join these protests, [Pirate] Reda has also hit out at the claims that automated tools – like those offered by OpenMedia – were used to make it look like opposition to the copyright directive was much more widespread than it really is.

She recently wrote on her blog: “We haven’t won yet. After their initial shock at losing the vote in July, the proponents of upload filters and the ‘link tax’ have come up with a convenient narrative to downplay the massive public opposition they faced. They’re claiming the protest was all fake, generated by bots and orchestrated by big internet companies”.

She went on: “According to them, Europeans don’t actually care about their freedom of expression. We don’t actually care about EU lawmaking enough to make our voices heard. We will just stand idly by as our internet is restricted to serve corporate interests. People across Europe are ready to prove them wrong: they’re taking the protest to the streets”.  [Nobody said that, the Times and Trichordist just said that there were campaigning tools paid for by Google to create a false impression.]

Read the post on Complete Music Update

@robertblevine_: Legacy Artists File Brief in Lawsuit Against Pandora Over Pre-’72 Recordings

[Editor Charlie sez: Failing to pay pre-72 artists the digital royalties they are entitled to is another example of how Big Tech forces wasteful lawsuits–and cons the industry into false choices on “omnibus” legislation!]

A veritable supergroup’s worth of sixties musicians on Friday (Jan. 12) filed an amicus brief in a California lawsuit against Pandora for its use of sound recordings made before 1972, and thus not covered by federal law. Although the issue in the case — originally brought by Flo & Eddie, Inc., which owns the Turtlesrecordings, and currently before the California Supreme Court — is fairly obscure, the artists are anything but. The amici artists include Carole King, Melissa Etheridge and Doors drummer John Densmore; the estates of Hank Williams and Judy Garland; and companies like the Beatles’ Apple Corps., Grateful Dead Productions and Experience Hendrix.

At stake is whether, and how, non-interactive streaming services like Pandora need to compensate performers and labels for their use of older recordings that are still covered by state law. The music industry has also been lobbying for a legislative answer to the question, and the recently introduced CLASSICS Act (Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society Act) would require digital services to pay for the use of recordings made before 1972. On Jan. 26, the Friday before the Grammy Awards, the House Judiciary Committee will hold a “field hearing” in New York on this and other copyright issues, according to multiple sources.

Read the post on Billboard

@songpreneurs: Why Is Tom Petty Suing Spotify and How Does This Relate to the Music Modernization Act?

[Editor Charlie sez:  Another songwriter group against the controversial Music Modernization Act! See the Songwriter’s Guild opposition letter here  and read the legislation here.]

The end of 2017 and beginning of 2018 has seen a flurry of activity as headlines reveal another $1.6 Billion Dollar Lawsuit against the tech streaming online distribution company, this time by Wixen Music Publishing, who represent compositions by Neil Young, Tom Petty, Rage Against the Machine and others.

This latest lawsuit joins nearly half a dozen other class action / lawsuits against Spotify by independent music creators and rights administrators filed in the past two years.

“The Trichordist” blog collaborator, Cracker and Camper Van Beethoven front man, David Lowery of Athens, Georgia and songwriter Melissa Ferrick successfully sued Spotify and settled with a $43.4 Million Fund for unpaid songwriter and publisher royalties last year.

Around the same time the NMPA (National Music Publishers Association) also stepped in and made their own $30 Million settlement with Spotify as reported by Robert Levine in Billboard in May of 2017.

Nashville / Texas based Bluewater Music Services Corp filed a lawsuit against Spotify in 2017, led by champion of the underdog attorney Richard S. Busch, the same lawyer who represented the victorious Marvin Gaye estate in their “Blurred Lines” infringement case, and helped Eminem successfully stand up to EMI when his rights were being squashed in the name of commerce.

The Bluewater suit and yet another Spotify lawsuit by an independent music publisher, Rob Gaudino are both detailed in this Variety article “Spotify Faces Two New Lawsuits From Music Publishers” by Janko Roettgers in July 2017.

 These lawsuits highlight Spotify’s ongoing battle to do business with its suppliers, the songwriters and music publishers who are forced through federal regulation to make their material available to Spotify and other streaming companies against their will through a practice known as Compulsory Licensing, whereby the rights owners are not permitted to deny usage of their intellectual property.

What kind of negotiation can actually happen if one party cannot walk away?  Not much, we are proving.

Read the post on Songpreneurs