Category Archives: music

more ip commentary

salon.com’s wednesday morning download rags on the Band Aid project, but i liked this comment:

And where can you find this delightful song? Well, if you live in the United States, where it’s not available for sale, you can do as I did and go to your favorite file-sharing network and download a copy — no doubt condemning my soul to eternal damnation for stealing a charity song.

wmd 12/8

moby on filesharing

File-Sharing
8/4/2003 – London, UK

my thoughts on file-sharing?
well, as i’ve said before i’m happy and flattered if anyone makes the effort to listen to my music, regardless of the medium by which it’s delivered.
i’m glad that the apple i-store exists, because that seems like a potentially healthy way of dealing with this situation, by offering downloads for a fairly reasonable price.
and in general i do not support the efforts of the riaa regarding file-sharing.
i didn’t support them when they cracked down on internet radio (which really wasn’t even their stated domain). and i don’t support them now that they’re cracking down on people who’ve engaged in file-sharing.
i know for a fact that a lot of people first heard my music by downloading it from napster or kazaa. and for this reason i’ll always be glad that napster and kazaa have existed.
i’m sure that this is not a very popular thing for me to say, but it’s the truth. i believe that we’re moving towards some sort of resolution, though.
and i hope for happy endings for all involved: record companies, musicians, music lovers, record stores, file-sharing sites, etc. everyone just needs to bend a little bit and the situation will be remedied (i.e-supporting your local record store, supporting things like apple’s i-store, charging less for cd’s, recognizing that file-sharing has served a great promotional value for record companies, musicians not expecting to get rich from selling music, etc).
and the riaa certainly shouldn’t prosecute people for listening to music. i can understand prosecuting people who copy and sell cd’s, but i can’t understand prosecuting someone because they love music and have a few illegally downloaded songs on their hard-drive.
thanks,
moby

Moby in his journal, 2003-08-04

[cited in The Big Picture: Artists Perspective on File Sharing]

ip/speech round-up

  • two major networks who are permitted to broadcast their for-profit programming and advertisements, for free, over the airwaves, have decided that, in accordance with their “no advocacy” policy, they will reject ads from the Universal Church of Christ (UCC) which, according to them, is “advocacy”: The ads say: “Jesus didn’t turn people away. Neither do we.” NBC thinks that message “clearly implies that other people do [turn people away].”
  • City of San Diego v. Roe – First Amendment public employee speech case. [opinion, linked from & analyzed by Goldstein & Howe SCOTUS blog *] The Supreme Court held that a cop’s video of himself masturbating on eBay was not protected speech. Instead of just applying the Pickering test and finding no protection on the facts, the Court also continued to build up the “legitimate news interest” test. The new test seems to protect only speech that is of “public concern”, meaning “that which is of legitimate news interest; that is, a subject of general interest and of value and concern to the public at the time of publication.” Sigh.
  • Pew released a survey of artist attitudes toward online swapping. [link from ip news blog]

* This blog, otherwise quite helpful & informative, has an extremely annoying permalink function. … How annoying is the “link to this post” function on this weblog? Very. It unnecessarily replaces a built-in feature with a its own way of doing things. To copy the URL, you might think that you could do the ordinary — right-click [or CTRL-click if you’re not using a 2-button mouse with your mac] on the text labeled “Link to this Post” and select “Copy Link to Clipboard” from the menu. But no. On this blog, doing that pastes in a javascript function and the filename. The javascript function actually requires you to left-click on the “Link to this Post” text. This then displays a pop-up box with the URL. The pop-up box says “Hit CTRL+C to copy the URL below.” (Note to designers: You wouldn’t need instructions if you used standards that people already know — like the freakin’ default right-click menu!) Of course those instructions are platform-specific, so they actually confuse non-windows users. On macs, the copy command is apple+C [aka COMMAND+C]. But as a mac user you have to wonder: did they write a jscript to map to those keys? Or is this windows-specific? Sometimes requiring failed experiments. …

a real circuit split: sampling

Forget Grokster, which is the entertainment industry’s attempt to get Sony reviewed & overturned, by trying to generate a circuit split out of the dicta in Aimster.

An actual circuit split in the making is on sampling, with the Beastie Boys’ 9th circuit decision today declining to reconsider its Nov. 4, 2003, decision (Newton v. Diamond) permitting sampling. [The article was published tomorrow, 11/11, in Australia, relating to a decision from today, 11/10, in California.] [iptablog 11/4] This is in contrast with the beknighted* decision out of the 6th Circuit a few months ago which held that you have to get a license to sample, period. [Bridgeport Music v. Dimension Films, 6th Cir., Sept. 7, 2004] The recording industry has asked for that decision to be reheard en banc.


* Why do I do that? I know there’s not a “k” in benighted. What, like it has to do with being granted an honorary “title” … I really find myself making many more spelling and homonym spelling errors in my mid-30s than I did in my youth. What’s that all about?

monster slash

No, it’s not fanfic about Bigfoot & Yeti, together at last. Bobby “Boris” Pickett remakes “Monster Mash” to point out Bush’s slash & burn environmental policies. See monsterslash.org

Lyrics:

We were hiking in the forest late one night
When our eyes beheld an eerie sight
Our president appeared and began to frown
Then he and his friends cut the forest down.
(he did the slash)
they did the forest slash
(he did the slash)
it was brutally brash
(he did the slash)
public opinion was mashed
(he did the slash)
they did it for the cash

The lobbyists were having fun,
The horror party had just begun
The guests include big timber, big oil
Mining magnates and their sons.
These visions haunt me and fill me with disgust
If we don’t stop them our environment will be lost
So come on now and join me; I’m glad to show you how;
Tell our president to save our forests now.