State of Mind of The Art

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

Music

1. The RIAA has sued more than 20,000 music fans for file sharing, yet file sharing continues to rapidly increase both online and offline.  When will you stop suing music fans?
2. The RIAA has sued over 20,000 music fans for file sharing, who have on average paid a $3,750 settlement.  That’s over $75,000,000.  Has any money collected from your lawsuits gone to pay actual artists? Where’s all that money going?
3. The RIAA has sued over 20,000 music fans for file sharing.  Recently, an RIAA representative reportedly suggested that “students drop out of college or go to community college in order to be able to afford [P2P lawsuit] settlements.” Do you stand by this advice? Is this really good advice for our children’s futures?
4. The RIAA said that it only went after individual file sharers because you couldn’t go after P2P system creators. After the Supreme Court’s Grokster decision, shouldn’t you stop going after music fans?
5. Major entertainment companies have repeatedly brought lawsuits to block new technologies, including the VCR, Digital Audio Tape recorders, the first MP3 player, the ReplayTV PVR, and now P2P software. Why is your industry so hostile to new technologies?
6. DRM has clearly failed to stop songs from getting on file sharing networks, but it does prevent me from moving lawfully purchased music onto my iPod and other portable devices.  Unlike the major record labels, many popular indie labels offer MP3 downloads through sites like eMusic.  Why won’t you let fans purchase mp3s as well?
7. The RIAA says that it doesn’t mind if I rip CDs to my personal computer and put them on my iPod.  Do I need your permission to do this or can I legally do it even if you object?
8. Recording off the radio is clearly permitted by copyright law and something Americans have done for over 25 years, but the RIAA supports legislation restricting devices that record from digital radio. Why are you against TiVo for radio?
9. Sony BMG recently implemented a DRM technology that damaged users’ computers.  But for independent researchers’ analyses, this serious flaw may have gone undiscovered. After this scandal, will record labels allow any computer scientist or security expert to examine these products and agree not to sue them under the DMCA?

Video

1. The major movie studios have been enjoying some of their most profitable years in history over the past five years. Can you cite to any specific studies that prove noncommercial file sharing among fans, as opposed to commercial DVD piracy, has hurt the studios’ bottom line in any significant way?
2. Is it legal for me to bypass CSS DVD encryption in order to skip the “unskippable” previews at the beginning of so many DVDs? Why should I have to be forced to watch these ads when I already bought the DVD?
3. Is it legal for me to skip the commercials when I play back time-shifted TV recordings on my TiVo or other PVR? How is this different than getting up and going to the bathroom?
4. Why are there region-code restrictions on DVDs? How does this prevent copyright infringement? Is it illegal for me to buy or and use a region-free DVD player, or to modify a DVD player to be region-free?
5. In several lawsuits, the MPAA has repeatedly said that it’s illegal to make a back-up of a DVD that I purchased.  Why is this illegal?
6. Is it ever legal for me to use software like DVD Shrink or Handbrake to rip a digital copy of a DVD I own onto a video iPod or my laptop? What if I want clips to use for a class report? Or if a teacher wants to include a clip in a PowerPoint slide?
7. Is there anything illegal about copying TV shows I’ve recorded off the air onto my video iPod?
8. If the MPAA-backed “broadcast flag” bill passes, I won’t be able to move recorded TV content digitally to my current video iPod.  Why should TV studios get to take away my ability to lawfully time- and space-shift?
9. Major entertainment companies have repeatedly brought lawsuits to block new technologies, including the VCR, Digital Audio Tape recorders, the first MP3 player, the ReplayTV PVR, and now P2P software. Why is your industry so hostile to new technologies?
10. Hollywood is pushing legislation to “plug the analog hole.” These restrictions won’t keep copyrighted video off of file sharing networks, but they will block me from excerpting a recorded TV show for a school report or using tools like the Slingbox to send recorded TV shows to myself over the Internet.  Why are you trying to restrict these legitimae uses?

Questions posed by the Electronic Frontier Foundation. Reprinted with permission. Spotted on Boing Boing and Digg.

ABC Looks Beyond Upfront To DVR, Commercial Ratings Issues

So basically, Mike Shaw, ABC’s President of Advertising Sales, said that he “would love it if the MSOs [cable companies], during the deployment of the new DVRs they’re putting out there, would disable the fast-forward [button].”

Here’s some quotes from the director of Advertising and Sales at ABC:

“They’ve got to sell ads too,” he said. “So if everybody’s skipping everybody’s ads, that’s not a long-term business model for them either.”

“I’m not so sure that the whole issue really is one of commercial avoidance,” Shaw said. “It really is a matter of convenience–so you don’t miss your favorite show. And quite frankly, we’re just training a new generation of viewers to skip commercials because they can. I’m not sure that the driving reason to get a DVR in the first place is just to skip commercials. I don’t fundamentally believe that. People can understand in order to have convenience and on-demand (options), that you can’t skip commercials.”

DVR Technology is a wonderful thing, and I’m pretty sure everyone agrees on that. It seems the convenience factor is the main reason we buy almost anything. I mean, if it wasn’t for convenience, we’d all probably be eating natural healthy food bought at local farmer’s markets.

Shaw too the position that we as consumers don’t see fast forwarding as part of the package.  As if we didn’t expect to have FF or RW on any other media recorder that’s ever been made.  Now remember, this guy is in charge of all Advertising for ABC.  That means he’s their top salesman.

I mean, marketing departments are already manipulating reality, and clearly product placement is taking over everything.  It just doesn’t seem like a good business to put your clients needs (in this case, companies buying advertising time from ABC), so ridiculously far above the good of the public.  In fact, I bet some of the people buying the ad time over at ABC have DVRs in their homes.  And I bet they use fast forward.

Of course, here’s the best Shaw quote of all:

“Obviously, going back to last February, if I knew nobody else on the entire sell-side of the equation was going to open their mouths besides us, I don’t know if we would have gone down the same track,”



So basically, Shaw thought there was going to be a chorus of corporate harmony backing up his statement. This means that many people in the advertising sectors of television probably share Mr. Shaw’s opinion.

It’s bad enough that the very aesthetic of our lives are being eroded into a buy by the piece world where you can have anything you like.

I submit this as further proof that these major corporate types are completely out of touch with reality, and further proof that entertainment and art as revenue streams is truly entering post-capitalism*.

* By post capitalism, I refer to the fact that the supply has met or exceeded the demand when it comes to media.  All you need to go is try to find some media to consume (or buy), and you’ll immediately see that it feels like your options for spending money on enetrtainment is limitless.

Check out this article from www.salon.com, from back in 2001, when physical CD sales were at their peak.

Pay for Play - By Eric Boehlert, 14 March 2001

Is it any wonder that the record industry has completely lost touch with reality?

This is yet another clear reason why most of the great music is in the ‘underground’.  These transnational media conglomerates are calling anyone who doesn’t play by their rules underground.

Although this article doesn’t touch on the different and equally frustrating work of charting on college radio, it’s the best summary I’ve seen yet of why most artists should never expect to make it onto Big Coast Mountain Rock Kiss Hot Love Classics FM, where they’re bringing you all the hits money can buy, all the time.

With the explosion of podcasting, interweb radio, file sharing, and ipods, Mainstream terrestrial and satellite radio has been all but pulled from the hands of the masses.

(This is another great reason to sign up for our Polyvibe Podcast if you haven’t already, too).

Here’s some quick tips for success in your college radio campaign

• “These days, most DJs can be contacted by e-mail. I’ve occasionally received e-mails from bands offering their music. I always listen to stuff that people send directly to me, and I’ve definitely ended up playing some of it.”
• “Simply calling up and asking DJs to play the CD will work pretty good, if you can put in the hours necessary to call lots of stations.”
• “A station member sorts the stuff into genres, and it’s put into a new music section. DJs look through the new music selection and play whatever strikes them as cool.” (Lesson: Make sure your style of music is crystal clear to whomever opens your package.)
• “Putting a big sticker on the front cover that says “SOUNDS LIKE:” helps. Compare yourself to heavily played college radio music.”
• “List the tracks you think are the best and describe them in basic terms (poppy folk, folky slowcore, whatever).”
• “Don’t use the words ‘lush’ or ’soundscape’ anywhere on your promo material.”
• “(Point out) your best track. No music director has the time to skip through six tracks — they’re probably doing it between classes, or while they’re eating lunch.”

Read the whole thing at the Ask MetaFilter discussion raging right now.