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People Who Live In Digital Houses Should Practice What They Preach
April 4, 2008
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"Piracy -- which includes free downloading -- undermines all this and threatens the future of music. The International Federation of Musicians (FIM) and its member organizations throughout the world join with the other creative interests in a campaign to awaken public interest in these issues and to call on all legislators to provide a satisfactory national and international legal framework to safeguard new music, new markets and new consumer satisfaction. Piracy is the major threat to creativity and tomorrow's music and musicians."
-- From the IFPI (International Federation of the Phonographic Industry) websiteI've talked several times in the newsletter about how I believe international piracy siphons off billions of dollars from both software developers and music companies worldwide.
According to a news release on the Microsoft website, at least one survey "pegged international losses due to software piracy at more than $29 billion a year." (http://www.windows-vista-update.com/Piracy_and_Microsoft.html) Of course, since entertainment and media companies suffer losses to piracy, one would think that they would be most sensitive to the issue.
Well, maybe not that sensitive.
This week SonyBMG, a well-known and recognized ardent foe of music piracy (as are all major labels), is in trouble for using pirated software. No, that's not a misprint ... you read it right.
According to an article on artstechnica.com ( 'Sony BMG's Hypocrisy: Company busted for using warez', http://tinyurl.com/345jkc ), "PointDev, a French software company that makes Windows administration tools, received a call from a Sony BMG IT employee for support. After Sony BMG supplied a pirated license code for Ideal Migration, one of PointDev's products, the software maker was able to mandate a seizure of Sony BMG's assets. The subsequent raid revealed that software was illegally installed on four of Sony BMG's servers. The Business Software Alliance, however, believes that up to 47% of the software installed on Sony BMG's computers could be pirated ... These are some pretty serious -- not to mention ironic -- allegations against a company that's gone so far as to install malware on consumers' computers in the name of preventing piracy."
From the same article: "Certainly, one wonders what led to Sony BMG to steal PointDev's product in the first place. It's a safe bet that the company can afford to pay for the necessary licenses, which leaves sheer laziness as the most likely culprit. In any event, it's absolutely inexcusable for a company that has been at the forefront of the antipiracy fight, going so far as to surreptitiously install rootkits on its customers' PCs."
Needless to say, some folks at Sony BMG have a whole lot of egg on their face from this whole incident.
One definition of the word "irony" I found on dictionary.com: "An outcome of events contrary to what was, or might have been expected."
Jack Nicholson once said, "My mother never saw the irony in calling me a son-of-a-bitch."
No doubt PointDev is calling Sony BMG similar names.
Enough said.
And Now This...While We're On The Subject
As reported in the news article below, "Judge to RIAA: You Can't Sue Over Songs 'Made Available' Via P2P" ... "A federal judge in New York has dealt the Recording Industry Association of America a setback in its thousands of lawsuits over piracy on peer-to-peer networks."
Once again, while the industry it allegedly serves goes through a downward sales spiral on CDs and tries to create some models for building a foundation for survival in the digital world, the RIAA does battle in our nation's courtrooms.
As always, regardless of the outcome of these legal battles (the judge did provide some advice that might actually help the RIAA), the time, resources and money spent by the RIAA, will do NOTHING to stop the technology out there that will allow people to continue to do what they've been doing for well over a decade. (i.e., download and use P2P networks)
For some reason, the RIAA has its ugly head in the sand. It still living in "The Matrix," while out here in the real world, tech-savvy people have moved on and aren't threatened one iota by these lawsuits.
With offline file-sharing intranets created on almost every college campus and in suburban neighborhoods among teens everywhere, and darknets flying under the radar screen of detectability, file-sharing will thrive despite the RIAA's best efforts.
Once again, it's time to ask the questions: Why aren't any label heads now questioning those annual RIAA payments? Why do you continually support an association that does nothing for you? Why does the RIAA continue to spend huge sums of money in court after all this time when the results of all their efforts have been meaningless?
As always, anybody out there that has data to prove the RIAA has actually accomplished something with these lawsuits, I'd love to see it. I have a whole stack of stuff here that says otherwise.
INTERESTING STATISTICS
A new study on the iPhone conducted by research firm Rubicon Consulting, revealed the following* About 50% of iPhones replaced conventional mobile phones; 40% replaced smartphones
* A third of iPhone users carry a second phone
* A quarter of iPhone users say it's displacing a notebook comp
* The iPhone increases mobile web-browsing
* The iPhone increases users' monthly phone bills
Rubicon also wondered if "third-party software will make the device "an even more attractive notebook replacement."
These types of numbers should be sobering to anybody still wondering about the iPhone's overall success in the marketplace.(Source: http://rubiconconsulting.com/downloads/whitepapers/Rubicon-iPhone_User_Survey.pdf )
Read more about it by clicking here.
Musicians Starting Their Own Social Networks
From ReutersReuters reports that a growing number of popular musicians are starting their own social networks, rivaling the massive database of friends they've accumulated on other social networks like MySpace. 50 Cent, Kylie Minogue, Ludacris and Pussycat Dolls are just a few of the big names that have launched their own social networks, which Reuters says are becoming like next-generation versions of their own websites.
Why start their own social networks? "The thing that separates Thisis50 from MySpace is we control the e-mail database," says Chris "Broadway" Romero, director for new media for the record company that handles Thisis50. "We can e-mail members if we want to." More than e-mail, artists can sell downloads and merchandise, they can even sell ads --things they can't do on MySpace or Facebook. They also own all the content and social data accumulated on these sites.
Does this mean artists will leave other social networks behind? Gina Bianchini, CEO of Ning, a company that provides social networking tools, doesn't think so. "(Artists) think about MySpace and Facebook as funnels for their own social networks. They take and use services where they don't know the users, don't have access and don't have full control, and funnel those fans to something they do control."Read more about it by clicking here.
Almost Two-Thirds of Online Radio Listeners Profiled on Social Sites
From The Center From Media ResearchThe annual "Infinite Dial 2008: Radio's Digital Platforms" by Arbitron and Edison Media Research, estimates that 33 million Americans age 12 or older listen to a radio station over the Internet during an average week, up from 29 million listeners one year ago. There is also a strong connection between online radio listening and social networking sites, according to the study.
Read more about it by clicking here.
Dave Stewart, Nokia Envision Brave New Mobile World
From cnet.comAt first glance, Nokia's Tero Ojanpera and Dave Stewart might seem like an odd pair. As executive vice president of entertainment and communities for Nokia, Ojanpera oversees all of the company's music, gaming, video, and social-networking initiatives, including the Nokia Music Store and Comes With Music.
Stewart is a musician/producer best known as one-half of the Eurythmics. In February, Stewart was named founding member of Nokia's new Artist Advisory Council, an initiative created to foster an artist-friendly environment within the company. But the two have more in common than meets the eye. Stewart has strong ideas on how technology and digital business models should benefit acts and their fans, and, in fact, was the driving force behind the council's creation. Ojanpera, meanwhile, aims to combine Nokia's entertainment content services with its social-networking capabilities to help fans and artists better connect and communicate to promote and distribute new content.
Read more about it by clicking here.
Judge to RIAA: You Can't Sue Over Songs "Made Available" Via P2P
From cnet.comA federal judge in New York has dealt the Recording Industry Association of America a setback in its thousands of lawsuits over piracy on peer-to-peer networks. In a widely anticipated decision, U.S. District Judge Kenneth Karas ruled Monday to reject the RIAA's claim that a Kazaa user who merely "made available" copyrighted music necessarily violated the law. Rather, he said, the RIAA would have to demonstrate that unlawful copying actually took place.
"Plaintiffs' allegations--insofar as plaintiffs wish to hold defendant liable for acts of infringement other than actual downloading and/or distribution--fail to state a claim," Karas wrote.
A few characteristics make this case unusual. First, New York federal judges are viewed as well-versed in copyright law, so Karas' decision is likely to be influential. Second, an unusually large number of outside groups filed briefs, including the U.S. Internet Industry Association, the Motion Picture Association of America, the Electronic Frontier Foundation, and the Computer and Communications Industry Association, meaning the court benefited from a range of views and increasing the importance of this week's decision.
While the judge rejected the RIAA attorneys' "making available" argument, he did provide them with a road map showing a detour that might still allow them to arrive at their destination. Specifically, he ruled that an "offer to distribute" can amount to a distribution. The RIAA needs to, he wrote, "affirmatively plead that defendant made an offer to distribute, and that the offer to distribute was for the purpose of further distribution, public performance or public display." Look for the RIAA's revised complaint--it has 30 days to resubmit it--to argue just that.
Read more about it by clicking here.
Will This Latest Tech Idea Kindle The RIAA's Wrath?
From cnet.comWhere will the Recording Industry Association of America strike next? (And waste yet more time and resources?) CNET News.com's Daniel Terdiman has the story of a couple of new Web services that are fast gaining popularity among Internet users, which could raise a red flag for the recording industry.
Read more about it by clicking here.
Apple Says iTunes Now Top U.S. Music Retailer
From ReutersApple Inc said on Thursday its iTunes online music store has surpassed Wal-Mart Stores Inc to become the largest music retailer in the United States.
Read more about it by clicking here.
MySpace, Record Companies Launch New Service
MySpace, which has lured millions of big acts and garage bands alike to build profiles on the popular social networking hub to attract fans, said Thursday it will turn those pages into portals for selling music, merchandise and more.
MySpace could be on its way to becoming the "new MTV," now that the social networking giant is announcing a new music deal with several recording industry majors. The new service will carry an old name, MySpace Music, but offer free ad-supported music and music video streams, as well as a marketplace for MySpace users to buy music downloads, ringtones, concert tickets and merchandise.
Helping back the new MySpace Music are three of the biggest recording companies -- Vivendi SA's Universal Music Group, Sony BMG Music Entertainment and Warner Music Group Corp.
Read more about it by clicking here.
This Saturday April 5th on The American Perspective by Nancy Lee Wolfe
From newsblaze.comHow does Judy Piazza do it? This week, she talks with Steve Meyer who is on the front line of global music sales and distribution which he expects will soar to pocket-bursting levels. What's more, he shares his insight and ingenuity with us. Steve gives us both historical perspective and futuristic vision as he chats with Judy about the love of his work, trends of the business and his personal points of view. Steve joins Judy Saturday morning and helps us discover the thrill of having it all with a sense of balance and purpose.
Read more about it by clicking here.
AND IF THEY CAN'T DO IT, NO ONE CAN
According to Axl Rose's post on the GunsN'Roses website, the band will now be represented by Irving Azoff and Andy Gould, the management team that has most recently handled Guns spin-off project Velvet Revolver. Maybe now, the album with the oxymoronic title, "Chinese Democracy," will actually become a retail reality.
MATERIAL GIRL INDEED, MADONNA CALLING
Madonna is still raking in the big bux via new deals and partnerships. Madonna has made deals for her new album, "Hard Candy," with Vodafone, Unilever and Fuji, and all will use her music to sell products from hairspray to mobile phones. The deal with Vodaphone, which involves more than half the tracks on the album, will ensure her album receives free global publicity ahead of its release. The deal with Vodafone means the network's customers will be able to listen to seven tracks one week before the album's worldwide release on April 28th. It is the first time an artist has launched an album on a mobile phone.
U2 GOES LIVE
Live Nation Inc. has signed a 12-year deal with U2 just months after making official its historic partnership with Madonna. The company will handle the Bono-led rockers' merchandising, as well as branding and digital rights per their new contract.
USHERING IN A NEW ALBUM
Usher's long-awaited new album, "Here I Stand," has finally been given a release date of May 27th. The video for his first single, "Love In This Club," will debut on MTV April 7th.
PRINCE WAS FIRST, AND NOW MATTHEWS FOLLOWS HIS LEAD
Dave Matthews is joining the fold and using his music as a value-added component to people who buy tickets for his upcoming North American tour. Concertgoers who buy tickets through Ticketmaster.com for the summer tour will get a free digital album containing highlights from the 40-city tour, redeemed via a code on each ticket sold at iTunes.
JAMMYS
Led Zeppelin, Widespread Panic, Phil Lesh & Friends and the Beastie Boys are among the artists nominated for the 7th Jammy Awards, which honors those individuals and bands who know how to rock for many minutes at a time. A special Lifetime Achievement Award will be presented to jam band supreme Phish at the May 7 ceremony at Madison Square Garden's WaMu Theater.
RIGHT BACK TO WHERE SHE STARTED FROM
Britney Spears is back with her manager Larry Rudolph after a split that lasted just over a year. Rudolph was with Britney from the beginning, and her manager for nine years before the break-up between them.
REALLY?
Some details of Bobby Brown's autobiography, "The Truth, the Whole Truth and Nothing But," made their way into the New York Post Thursday, with the singer blaming Whitney Houston for his more intense forays into drugs. Bobby says he didn't try cocaine until after his marriage. The book is due out June 8th.
HALLMARK & UNIVERSAL DO MUSICAL CARDS
Universal Music Group, the world's largest music company, has made a deal with Hallmark Cards, which will make its music exclusively for its set of premium musical e-cards. The musical e-cards will feature original recordings. Available starting this month, the cards' recordings are 15 to 30 seconds long. Barry White's "You're The First, The Last, My Everything" and "Can't Get Enough Of Your Love," "Celebration" by Kool & The Gang and "Hot Stuff" by Donna Summer, are among the songs. The musical e-cards, available exclusively on Hallmark.com, are $1.99 each.
DOWN FOR THE COUNT, GREG ALLMAN
The Allman Brothers have been forced to cancel upcoming shows in Florida next month, as well as the band's annual run of shows at Manhattan's Beacon Theatre in May while Gregg Allman undergoes treatment for hepatitis C. Drummer Butch Trucks said Allman began treatment for the ailment last year.
DOWN FOR THE COUNT TOO, CELINE
Celine Dion has postponed a series of concerts in Australia due to a throat infection, her publicist said Friday. Performances in Melbourne and Brisbane were pushed back earlier this week, while upcoming appearances in Sydney have also been postponed. The singer, currently in the midst of her first world tour in 10 years, has been ordered by her doctor to rest for an additional 48 hours in order to fully recover, her rep said.
WEILAND OUT
Velvet Revolver founding members Slash, Duff McKagan, Matt Sorum and Dave Kushner announced this week that they are parting ways with singer Scott Weiland. "This band is all about its fans and its music, and Scott Weiland isn't 100% committed to either," said Slash. "Among other things, his increasingly erratic onstage behavior and personal problems have forced us to move on."
WEDDING BELLS SOON?
Beyonce Knowles and Jay-Z took out a marriage license in Scarsdale, N.Y., Tuesday morning, per People. The license is valid for the next 60 days.
RECORDS WERE MADE TO BE BROKEN
Mariah Carey's "Touch My Body" has become the singer's 18th #1 single, surpassing Elvis Presley's previously held record of 17 career #1s. And now for a flash quiz: How many of Mariah's #1 singles can you name? Uh-huh, thought so.
Quotes of the week
"I love Africa in general. South Africa and West Africa. They are both great countries."
-- Paris Hilton, to the media while visiting South Africa with boyfriend Benji Madden, providing evidence again of why there are "Dumb Blonde Jokes.""This is, quite simply, untrue."
-- John Mayer, responding on his blog to a New York Post gossip item that said he's "so self-obsessed, he Googles himself every morning, and has been known to respond to online rumors just to clear the air." Uh, okay John ... but aren't you just "clearing the air" by responding to the rumors?"We make web videos for Jesus."
-- Miley Cyrus, on what inspires her, on her video blog. Gee, how fascinating, Miley. But, I don't think Jesus is into video blogs that much. He's much too busy watching videos of all the rap artists who thank him whenever they win an award."They were very polite and smiling as they filled out the paperwork. They were holding hands for a while. They looked really happy."
-- An eyewitness to Beyoncé and Jay-Z's getting their marriage license in Scarsdale this week, in People magazine. Of course they looked happy ... they aren't married yet.
The B-Side - 'Blips'
THE ONION (www.theonion.com) STORY OF THE WEEK:
Study: 93% Of People Talked About Once They Leave Room
LOGAN, UT-According to an alarming new study published Monday in the American Journal Of Sociology, the vast majority of Americans are critically discussed after leaving a room occupied by two or more additional people. The groundbreaking research contradicts decades of previous inquiries into the area, including dozens of informal surveys in which respondents adamantly denied ever having talked behind others' backs.
"Our findings will come as a great shock to the millions of Americans who have assumed people do not speak derisively about them as soon as they are out of earshot," said Dr. Edward Phillips, a professor of sociology at Utah State University and lead author of the study. "This phenomenon affects nearly everyone. If you have ever feared that people whom you considered to be good friends were mercilessly mocking and insulting you shortly after you left their presence, your fears are almost certainly 100 percent correct."
Read the rest here and laugh: http://tinyurl.com/2tu7et.
The Blogs
Check out a great blog by Jerry Del Colliano, the Director Executive Programs, Clinical Professor Music Industry & Recording Arts, at the Thornton School of Music,University of Southern California, by clicking here: http://www.insidemusicmedia.blogspot.com.
Box Office
Check The Daily & Weekly Box Office (and more film info) at: www.boxofficemojo.com.
TinyURL
Check out www.tinyurl.com where you can make a smaller URL that will work for any webpage you wish to link to or reference. (As you can see, I'm using it in my news stories above!)
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