@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

@neilturkewitz: Disruption, Fear and Slippery Slopes: Baby Steps in Building a Better Internet

The biggest story of 2017? To my mind, there is no contest — the broad emergence of an awareness that the irresponsibility masquerading as Internet freedom represented a threat to global societies and to cherished aspects of our humanity, and that a course correction was badly needed.

While recognition of the fact that rewarding lack of accountability would likely incentivize anti-social and illegal conduct took longer than it should have, such an awareness came to fruition throughout 2017. Whether motivated by concerns about sex trafficking or the prevalence of other internet-enabled crimes, fake news, foreign government interference in elections, monopoly or monopsony power, or the perceived political or cultural biases of platforms, the question at the end of 2017 wasn’t whether the current legal framework for platform responsibility should be amended, but how.

It became clear that the twin pillars upholding the current lack of accountability in the internet ecosystem — Section 230 of the Communications Decency Act and Section 512 of the DMCA, each of which was adopted at the dawn of the commercial internet, would need to be reexamined and a new framework established.

Read the post on Medium

YouTube/Amazon Fight: Tone Deaf Google acts like it’s their videos

Your margin is my opportunity.  Now bend over.

Inspired by Jeff Bezos

If a record company pulled your music from a retailer because of a commercial dispute that had nothing to do with you or the label itself, how would that make you feel?  If you ran to your contract to see if you could stop them, do you think anyone would have ever thought to negotiate protection against anything so philistine? This little life parable shows you why you should never underestimate the highly innovative monopolists forcing their way into our lives.

According to Bloomberg:

Alphabet Inc.’s Google pulled support for its YouTube video service from Amazon.com Inc.’s streaming-media devices, citing the internet retailer’s failure to make Amazon Prime Video available through Google’s gadgets and the recent halt of the sale of some Nest products on its website.

What’s interesting about YouTube’s behavior is that you would think that YouTube actually owned the videos on YouTube.  Which in probably 99% of the cases, they do not.  (It’s unclear if the Amazon boycott includes Vevo, the premium content provider co-owned by Google, but I would assume it does.)  I’m no fan of Amazon, God knows, so I’m not suggesting that YouTube’s move here is hard on Little Jeffie, the destroyer of worlds.

I’m suggesting that it is hard on artists and is not something that any other distributor would think they could get away with.  And the fact that YouTube exists to screw artists and songwriters doesn’t excuse YouTube’s tone deaf wielding of other people’s property to gain a commercial advantage against Amazon accruing almost entirely to Google.  So what did Google do, exactly?  Bloomberg tells us:

Google blocked YouTube access via the Echo Show, Amazon’s smart speaker with a touchscreen, on Tuesday and will stop supporting YouTube on Amazon’s Fire TV set-top box on Jan. 1. In a statement, a Google representative said it’s taking the action because the YouTube apps on Amazon products aren’t made by Google, like the YouTube app on the iPhone is, and the retail giant doesn’t sell some Google products, such as Chromecast and Google Home.

“We’ve been trying to reach agreement with Amazon to give consumers access to each other’s products and services,” Google said in a statement. In its own statement, Seattle-based Amazon said its gadgets now send users to the YouTube website, and the company hopes to resolve the dispute as soon as possible.

In other words, Amazon stopped carrying totally unrelated Google products and Google responded by blocking your videos from Amazon devices.  Did anyone ask you if that was OK?  According to the Verge:

Three months ago, YouTube pulled its programming from Amazon’s Echo Show device — the first skirmish in what is apparently an ongoing war. Shortly after, Amazon stopped selling the Nest E Thermostat, Nest’s Camera IQ, and the Nest Secure alarm system. Two weeks ago, Amazon got YouTube back on the Echo Show by simply directing users to the web version, a workaround that left a lot to be desired. But even that version won’t be available after today.

In other words, this boycott of the billionaires has nothing to do with any YouTube artist or Vevo artist, but all are being harmed by it for reasons they have no control over.  You might, however, be able to file a complaint with the Federal Trade Commission against Google and possibly both Google and Amazon by clicking here.

@jaduino: Periods of misconduct by Google leadership has reportedly lead to a hostile climate internally

[Editor Charlie sez:  Meet the new boss, way, way, way worse than the old boss.]

Google, as with many large companies, has skeletons in its closet that it would probably wish to keep quiet. But after interviewing almost 40 current and previous Google employees, The Information has found that there is an internal culture that has virtually normalized inappropriate relationships. The reasoning for this is primarily because most who have been found in these relationships were not penalized or punished for their actions.

While there are the widely reported and known about relationships like those between Larry Page and Marissa Mayer, Sergey Brin and Amanda Rosenberg, as well as Eric Schmidt and Marcy Simon, The Information was able to identify another previously unreported relationship. This time, it was between David Drummond, Google’s chief legal officer, and Jennifer Blakely, a paralegal in the legal department.

This relationship was kept secret from the HR department until the two had a child together. At that point, the company was forced to intervene and moved Blakely to the sales department and into a position that was not her specialty. Her then coworkers, as interviewed by The Information, stated that Google handled the situation poorly and unfairly. Blakely ultimately ended up leaving Google and the relationship.  [But David Drummond is still Google’s Chief Legal Officer.]

This isn’t the only story of misconduct within Google, though. Throughout multiple interviews, employees discussed the downplaying by male employees whenever a female would get a promotion or get one-on-one time with a high-level manager. In many instances, comments were made about the female employees sleeping with bosses or providing other favors to advance their careers.

Read the post on 9to5Google

Must read: @HITSDD: The [Billboard Stream] Weighting is the Hardest Part

[Editor Charlie sez:  Just in time for the Spotify IPO…or debt rollover…Billboard is poised to visit agita on streaming boosters when it corrects the absurd equal weighting of free streams and subscription streams in its sales/airplay/streaming chart, which should also change the way some people…ahem…average the revenue value of the ad/paid streams.]

One of the biggest stories of 2017 is playing out right now, as Billboard works on a revamp of its Top 200 album chart that will give greater weight to paid streams, while ad-supported streams will be devalued. Most majors have been lobbying for just such a revenue-based revamp.

Presently, all streams are weighted equally, with 1,500 streams counted as one album. Those in the know believe the formula for paid streams will be adjusted to 1,250:1, while ad-supported streams will be devalued to 5,000:1. In other words, premium streams would have four times the weight of ad-supported. Under the existing metric, 100m streams of any kind would count as 66,667 albums, while under the new proposal, 100m ad-supported streams would count as just 20k albums, and 100m paid streams would count as 80k albums. On the other hand, albums that rely heavily on ad-supported streams for long periods of time could lose thousands of chart units.

YouTube streams will supposedly continue to be excluded from the Top 200, following vehement protests by rights holders over their possible inclusion.

Read the must read on HITS Daily Double