We’re All in it Together: @USSupreme_Court Friend of Court Brief in Google v. Oracle by @helienne, @davidclowery, @theblakemorgan and @SGAWrites

[Editor Charlie sez:  The Oracle v. Google case is going to be the most important copyright case in a very, very long time.  Oracle won the case on appeal twice and Google got the Supreme Court to review.  The case is about two issues being copyright in software and whether Google’s taking of Oracle’s code is fair use and permissionless innovation.    Because of the fair use argument, this is not just some battle of tech companies because no one knows better than us that Google will take any win on fair use and push it even farther.

So all artists, songwriters, photographers, film makers, authors–all of us–are in the same boat with Oracle on this point.  Sure Oracle is a big company, but Google is an even bigger company with a trillion dollar market cap and Google is trying to roll over Oracle the same way they roll over us.

In a must read “friend of the court” brief, Helienne Lindvall, David Lowery, Blake Morgan and the Songwriters Guild of America make this case as independent artists, songwriters and labels all harmed by Google’s policies that are out of touch with the market starting with YouTube.

SCOTUS Brief Cover Page

As Beggars Group Chairman Martin Mills put it, “[P]olicing the YouTubes of this world for infringing content is a herculean task, one beyond all but the largest of companies. For my community, the independents, it’s a game of whack-a-mole they can only lose.”

Helienne, David, Blake and the SGA put that case squarely before the U.S. Supreme Court in this must-read friend of the court brief.]

Independent creators rely on copyright protection to safeguard their works. This is true not just of songwriters and composers, but of countless creators, including recording artists, photographers, filmmakers, visual artists, and software developers. Copyright is, in fact, of existential importance to such creators, who would be utterly lacking in market power and the ability to earn their livings without it.

Google’s business model is a prime example of the need for strong copyright protection. Since Google’s founding, Amici have experienced, observed and believe that Google has used its unprecedented online footprint to dictate the terms of the market for creative works. By tying together a set of limited exceptions and exclusions within the U.S. Copyright Act and analogous laws in other countries, and then advocating for the radical expansion of those exceptions, Google has amplified its own market power to the great detriment of copyright owners. Thus, where fair use is meant to be a limited defense to infringement founded on the cultural and economic good for both creators and the public, Google has throttled it into a business model.

Read the brief on the Supreme Court of the United States.

 

Another Bad Artist Relations Week for Spotify–Music Tech Policy

Spotify released one of their groovy ad campaigns last week. This time celebrating their freebie subscription campaign. You really do have to wonder where they find the people who come up with these things. Blake Morgan, David Lowery and David Poe all laid into Spotify with their own tweets.

via Another Bad Artist Relations Week for Spotify — Music Technology Policy

Editors note #1 – Over the last year, this blog has been reporting on Google’s apparent use of proxies in an attempt to intimidate members of the EU parliament into voting against the proposed EU Copyright Directive. The Copyright Directive requires social media platforms above a certain size to do more to counter copyright infringement […]

via Google Doxx: Google Funded Groups in 2017 Illegal Doxxing of FCC Chairman — The Trichordist

@robertblevine_ : Settlement Approval Motion Filed in @davidclowery Rhapsody Class-Action Case

Almost three years after the law firm Michelman & Robinson filed a putative class-action lawsuit against Rhapsody International on behalf of David Lowery and fellow songwriters Victor Krummenacher and David Faragher for infringing their mechanical rights, a deal to end the case is moving forward.

Late Friday night (Feb. 15), the firm filed in the U.S. District Court of Northern California a motion for preliminary approval of a settlement that will get self-published songwriters $35 for every composition Rhapsody played that’s registered with the U.S. Copyright Office and $1 for every unregistered composition the service played at least 24 times. Like the case against Spotify settled in 2017, this involves the service’s failure to properly license and pay for songwriters’ mechanical rights — and bringing it to a close will allow Rhapsody to move forward with less uncertainty….

Although many streaming services have infringed mechanical rights, this could mark the last major class-action lawsuit on the subject, since the Music Modernization Act offers streaming services a safe harbor from lawsuits for statutory damages for mechanical rights infringements filed after Dec. 31, 2017 under most circumstances.

Read the post on Billboard

This is some funny shit. The below article apparently triggered the threat of defamation lawsuit. Is Google Running Hybrid Information Warfare Attack on EU Parliament? Obviously we’re getting close. Yes I know this is bullshit. (Google wouldn’t warn me) But clearly we’ve struck a nerve with someone close to Google and/or proxy groups. Be a […]

via YOU’VE GOT THREATS! Therefore We Must be on to Something — The Trichordist

[Editor Charlie sez: In this post David Lowery goes after the narcissist Senator Ron Wyden who is opposing the House of Representatives unanimous and bipartisan vote for the pre-72 fix in the CLASSICS Act part of the Music Modernization Act. Wyden has long been in the pocket of Big Tech and Google Amazon’s huge crony capitalist data centers sucking down power off the Columbia River hydroelectric with tax breaks and pork. He’s using the anti-democratic secret “hold” system to screw artists and defy his colleagues. We say he gets nothing.]

One of the things the Music Modernization Act (MMA) does is fix what is essentially a typo in copyright law that allows a handful of digital services (Google, Sirius, Pandora etc) to not pay royalties to performers on Pre-1972 recordings. This part of the Music Modernization Act is commonly referred to as “The Classics […]

via Seriously, What is Sen Ron Wyden’s Problem? Cruel, Ignorant or Corrupt? — The Trichordist