Tag Archive for 'Fair Use'

File Sharing as a Marketing Report…

Spotted on Techdirt

A recent Wall Street Journal article talked about how the music industry is extending their influence into the world of file sharing. Jay-Z and Coca Cola recently agreed to allow an eight minute video clip to hit the p2p networks, hoping that the exposure for the soda will be worth giving the content away. With this turn of events, major companies are changing their position on file sharing, and admitting that people sharing music online are fans, and maybe the most loyal fans of all.

The new mode of thinking by transnational entertainment conglomerates appears to be ‘if you can’t beat ‘em, join ‘em.’ Groups like Big Champagne are collecting data about all of the files shared online (see this article on them in Wired), and the major labels are using those stats to measure public interest in music at the most specific levels.

It doesn’t take much to realize that the people sharing music for free online are still buying media of some kind, but it’s still surprising the see major media companies admitting to this. By using services like Big Champagne, marketing departments will tweak their promotional schemes based on what’s hot. If major labels know that a track is generating huge interest on Bit Torrent in a particular city, they can just invest in heavy radio rotation on that area.

It seems we will soon be seeing more and more marketing from major brands and labels popping up on peer to peer networks. Just like product placement changed advertising in TV and movies, the p2p networks will soon fill up with free content designed to create brand loyalty and sell products. I wouldn’t be surprised to see corporate sponsorship of p2p networks in a few years, in return for premium advertising, or built in ads on p2p software platforms.

Now that Big Champagne has partnered with SoundScan, the major companies have access to the listening preferences of the largest group of consumers they have ever had access to. The rest of us will be locked out of this system in the same way we always have been.

The co-opting of the p2p landscape by corporate interests will merely push listeners on to a new platform. Considering the continuing row about DRM, it will be interesting to see how that is countered. As mega corporations pour more and more content and marketing tactics into file sharing, and continue to tune their marketing, it will invite a new platform to emerge in the underground of the interweb. Or maybe we’ll all just head back to IRC channels.

The good news is that by shifting their step, the major labels are also admitting defeat to file sharers. The fact that they are now using it as a marketing resource is the only proof required to see that they have lost their battle to control the freedom of information.

Of course, through all of this, there is still very little discussion about what the artist is getting out of all these deals, or even the value of artistic integrity.

Limewire Fights Back Against RIAA

Spotted on: Axiomsun

Limewire was sued recently by the RIAA in yet another attempt to control the public’s consumption of media.? Once again, the RIAA has selected their own interpretation of MGM vs. Grokster.? Although that case defined the infrigement as having to be active by a group or service, the RIAA and MPAA continue to chase any group that offers p2p portal sfor file sharing. They contuinue to claim that organizations like Limewire bear the entire responsibility for how their users behave.? I always love this argument, becuase it;s the same as saying that if you sell a gun to someone, you are responsible if they use ti to rob a bank.? Of course, there’s no constitutional amendment protecting our right to bear file sharing software.
So now Limewire has filed a countersuit, accusing the RIAA of anti-trust violations.? This suit claims the RIAA is trying to “destroy any online music distribution service they did not own or control, or force such services to do business with them on exclusive and/or other anticompetitive terms so as to limit and ultimately control the distribution and pricing of digital music, all to the detriment of consumers.” (Counterclaim, paragraph 26, page 18)

It’s good to see that someone is finally standing up to the transnational conglomerates, although it remains to be seen what will come of it.? The good news about all this is it would appear the balance is finally tipping, and the death knell for the music ‘industry’ is ringing louder than ever.

Hello, Linkie Winkie ; )

As Chief Technology Officer for Polyvibe Entertainment Group, and the resident internet-nerd, I am a bono-fied stats geek. Every email we send, every myspace post, every blog post, every news update, every everything, I look to see if what we did made an impact on our site traffic and our visibility. So, as I was going through the list of bots in our feedburner stats, I noticed a new one. The one that calls itself Linkie Winkie. What’s interesting about this bot is that the corresponding page is decidedly lo-tech and quite spartan, only sporting a few links and an Alexa traffic chart. The only other text on the page is this cryptic description:

“Linkie Winkie is a bit of a social experiment and we want to see what happens. We’re not going to tell you much about it, except that its a very altruistic little site and loves to be talked about.

So if you can work out what it does, and get your timing right, then Linkie Winkie might help you out for a while.”

From what we can tell, by giving a shout out to Linkie Winkie, they will in turn to give you a shout out. How it does this, is still a mystery, but one blog discusses the effect of Linkie Winkie, while the other provides a bit on who is behind the experiment.

I’ll provide an update here if anything comes of this, but participating in a social experiment of the web 2.0 variety just seemed like a fun think to do on a Friday evening.

RIAA at it again, Sues XM Satellite Radio

The Recording Industry is at it again. This time they are suing XM Satellite Radio and Sirius over new time/place-shifting devices that act like TiVO for Radio. I’ve long wanted this for even normal FM, since I got my DVR. Most times it for the pause feature, or for rewinding back to a part I missed. The RIAA claims that users are now being able to download tracks they here on their receivers, and keep them forever. The thing is, none of the devices allow you to off load the music to any other format or player, much like almost all of the DVRs on the market (and the ones that can are home built and run software designed for this purpose).
Sirius rolled over, which is a bit strange to me, considering XM is owned by Clear Channel. They agreed to pay $15 per device sold, on top of the usual 2% Fair Use “tax” that has been applied to devices that store media broadcasts since the days of home-taping and beta-max.
In the case of XM, they refused, and the RIAA slapped them with a federal lawsuit. And just so you know that the RIAA is still in the same frame of mind as they typically are, one device, the XM Inno, even has the feature to push a button and purchase the track they saved on Napster. Basically they want XM to pay up, or pull these devices from the market.
The madness continues.
originally published on dr.xnlb.com

Interview with “RIAA vs The People” founder Ray Beckerman

Peter Brown of the Free Software Foundation speaks with Ray Beckerman, lawyer for defendants in RIAA lawsuits about the impact of the RIAA’s legal strategy on the internet, copyright, DRM and our digital freedoms. He leads the discussion with the reason why only small law firms, or individual lawyers will ever take up the cause of those being sued by the RIAA.
He also dissects a typical RIAA “investigation” that form the basis of their suit against their customers. In essense the RIAA creates an account with a p2p network, finds users with RIAA tunes in their shared folder, and files the report. However, and this is the kicker, there is no proof of wrongdoing. That is, there is no proof that the user did not obtain the song through legal means (purchasing them, or making a back-up copy from a CD they legally own), nor is there proof that other users have ever downloaded the song. In other words, most of the RIAA lawsuits brought against consumers are mere ploys to extort money.
Many users have settled out of court. The few that fight it get into long drawn out court cases where every dirty trick in the book is used by the RIAA Legal Team to make it prohibitively expensive for the defendant to continue fighting the case. Lawyers, such as Ray Beckerman, are working pro bono or for significantly reduced rates on the behalf of the few brave souls willing to stand up and challenge the RIAA. Especially since many of the defendants have never used p2p software before, and until their subpoena arrived in the mail had never even heard of Kazzaa and the like.
If you want to help, you can donate money to the Free Software Foundation.
Keep up with Ray and his fight against the RIAA at his blog: RIAA vs. The People.
Download The MP3 recording of the call
digg this story
originally published on dr.xnlb.com




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