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Wasted Time In Washington, D.C. -- Or Don't Legislate What You Don't Understand
November 16, 2007
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"In the digital age, if you can dream it, you can do it. If you can see it, you can shoot it; if you can imagine it, you can create it. That is what digital technology is all about, and the digital revolution is about the democratization of technology and the experiences it makes possible."
-- Carly Fiorina, then-HP CEO, January 7, 2005 at CES in Las Vegas.New federal legislation introduced last week in the U.S. House of Representatives would require colleges and universities to consider offering "alternatives" and "technology-based deterrents" to illegal peer-to-peer file sharing, or face the penalty of losing all financial aid for their students." Those schools that would refuse to do so, would allegedly be threatened with the loss of losing financial aid for students.
Buried deep inside the House Education and Labor Committee's enormous College Opportunity and Affordability Act (and you know how our politicians in D.C. like to bury nifty little things like this in such bills) "lies a tiny section, which dictates universities that participate in federal financial aid programs 'shall' devise plans for 'alternative' offerings to unlawful downloading, such as subscription-based services, or 'technology-based deterrents to prevent such illegal activity.' The committee unanimously approved the bill Thursday." (Source: 'Anti-P2P college bill advances in House', http://www.news.com/Big-tech-on-campus/2100-1025_3-5347538.html?tag=st.rn )
The RIAA's cousin, The Motion Picture Association of America (MPAA), wasted no time in supporting the proposal, and Angela Martinez, a spokeswoman for the MPAA, said "We very much support the language in the bill, which requires universities to provide evidence that they have a plan for implementing a technology to address illegal file sharing."
Well, no offense, Angela, but I guess you and the MPAA haven't been reading all the facts about technology and file-sharing lately. If so, then you would already know that it is virtually impossible to ever "implement" technology "to address illegal file sharing" --and that passage of this legislation won't diminish illegal file-sharing one iota. Back in 2004, Microsoft's CEO Steve Ballmer said, "We can build the technology, but there are still ways for people to steal music." And of course, there always will be, despite whatever legislative efforts are put forth.
Just call those great executives at the RIAA and find out how much all the lawsuits have stopped illegal file-sharing. Wait. On second thought, they shouldn't do that. The RIAA would never tell them the truth and admit that file-sharing is as rampant as it ever was. That would make them look as foolish as Britney Spears in a child custody hearing.
Indeed, not all artists agree with anti-file-sharing efforts. Back in 2005 a coalition of artists, including Jason Mraz, Public Enemy's Chuck D and Steve Winwood, urged the Supreme Court not to rule that P2Ps bear the responsibility for the acts of file swappers. The group stated in court papers that even with the stealing of copyrighted works, the P2Ps also provide a legal and useful alternative for non-mainstream artists to make their music available. "Musicians are not universally united in opposition to peer-to-peer file sharing," reads a draft of the group's court filing quoted by The Washington Post. "To the contrary, many musicians find peer-to-peer technology ... allows them easily to reach a worldwide online audience. And to many musicians, the benefits ... strongly outweigh the risks of copyright infringement."
A fact sheet quickly distributed by the committee this week attempts to dispel "myths" about the legislation and argues that opposition information is being circulated by "supporters of intellectual property theft." Whether or not the "fact sheet" (ahem) is actually accurate is another story, but it's quite obvious that the MPAA, the RIAA and the politicians who are pushing this legislation are all removed from the realities that exist in the brave new media world. Obviously, they know nothing of "darknets." What about intranets? What about students who work, get financial aid and live off campus and have their own computers? What about people just burning copies of mp3 files from one computer to the next, from trading files one on one, and so on, and so on, and so on?
It's almost 2008, and we still have people in Washington, D.C. who believe they can actually accomplish something meaningful by passing this latest legislative effort at stopping illegal file-sharing.
If our elected officials were really doing their jobs, they would be more worried about the fact that our government's most sensitive and secretive computer networks are being attacked daily by outside sources that try to hack in and steal information. (Do a Google search on that very subject if you don't believe me.)
I would think that constitutes REAL "illegal file-sharing" and that it's a tad more important than worrying about students swapping files and downloading in college dormitories on campus.
Mark Cuban, owner of the Dallas Mavericks and co-founder of HDNet, said, "Entertainment companies just feel that because P2P impacts their business in a way they can't control, it's better to make it illegal than adapt to the new technology."
At CES in January 2004, Sen. John Sununu (R-N.H.) and seven other senators criticized the RIAA's practice of suing alleged file-sharers. Calling the legal moves of the RIAA heavy-handed and against the intent of both copyright laws and the Digital Millennium Copyright Act, Sununu said: "The fundamental problem with the approach of the RIAA is that it was based on legislation that created special property rights. Suddenly, you had a private entity that's able to issue subpoenas, which is unprecedented. That's not what the DMCA was intended to do. We can't be writing legislation that gives holders of certain types of intellectual property special rights ... We can't carve out special legislation to give special powers to certain types of content."
But carving out special legislation is exactly what this new bill is all about.
As long as the politicians, the RIAA and the MPAA continue to spend wasted time searching for ways to stop what cannot be stopped (i.e., trying to put limits on technology), instead of searching for answers to create a better future, they will continue to find themselves far behind the curve and lost in the digital woods.
And Now This...
Many of you e-mailed me about the Eagles success story I wrote about last week, but some wondered just how well the 'Long Road Out Of Eden' would do in week #2. Some of you thought big sales might not be sustainable in the following weeks because of the Wal-Mart exclusivity at retail.
For those of you who did wonder, this week the album sold another 356,000+ copies and is now #2 on the charts. (Jay Z's new album debuted at #1 with 433,000+ sold, a whole lot less than the Eagles sold their first week out.)
Many of you also mentioned that you were thrilled to see such a major act sell an album at such a great price. I think the industry should take note that in just two weeks the Eagles have sold over one million double-pocket CDs. In today's marketplace, that is a quite a commendable feat. (Especially for a band that hasn't had any new music out for almost three decades.) The fact that the Eagles did it with one retailer, in my opinion, says even more.
Again, the combination of great pricing ($11.88 at retail, $10.88 for the download) on a two-disc set with 20 new songs and great marketing and distribution by the country's #1 retailer, proves that physical CD sales can be elevated despite all the problems existing in the industry today.
Maybe it's time now for other artists, both established and emerging, and their respective labels to step up to the plate and realize that sensible CD pricing will result in more units sold at retail. And that's a big win for everybody.
And This...
Terra Firma's Plans For EMI
I said the following about Terra Firma buying EMI, back in the newsletter on May 25th of this year:
"The initial 'sound bytes' in the press and elsewhere all talk about rejuvenating EMI and making it a great music company again, moving forward in the digital age, exploiting online music sales, blah-blah. Well, sorry if I'm a bit cynical from reading all those nice quotes, but any private investment company that talks such talk is usually as genuine in their meaning as those wonderful politicians in our nation's capitol.
Maybe Terra Firma Capital Partners is really sincere. (Maybe pigs will fly someday also) But do you really believe any capital investment company buying a music company today is going to wait long for any return on their investment? And how many investment firms that buy any company in any industry have plans to actually grow the companies they buy? How many truly buy companies with a thorough understanding of that company's core competencies? If you read any money/financial pages in any media, you'll find that in almost all cases that capital investment firms primarily buy companies for one reason: to break them up, and in turn generate big returns on the initial investment."
This week, in an article in the New York Post titled 'Terra Firma To Squeeze EMI Million$' (based on information the Post obtained from a "confidential investor presentation," Terra Firma's head honcho Guy Hands outlined the ways investors can "can nearly quadruple their money in the struggling major label and cash out within five years."
Mr. Hand's cost-cutting measures and plans for EMI are detailed in the article.
Read the rest here: http://tinyurl.com/23q72h.
EMI Sues Online Music Executive Robertson And MP3Tunes
EMI Group companies sued online music industry executive Michael Robertson for copyright infringement on Friday, some seven years after his former company paid recording firms more than $100 million to settle a similar case. Several EMI-owned labels and publishers sued Robertson and MP3tunes, which runs the sites Sideload.com and MP3tunes.com for willful infringement of copyright over the Internet, according to a complaint filed in U.S. District Court in Manhattan.
Robertson said in a phone interview from San Diego he had not seen the lawsuit, but that the case appeared to be "retaliatory," as MP3tunes had sued EMI in San Diego in September over a take-down notice the record company sent for Sideload, a search engine for digital music files.
Read more about it by clicking here.
Google Turns To X Factor's Fuller For 'Revolutionary' Push Into TV
Internet giant Google is in secret talks with Simon Fuller, the British entrepreneur behind the Spice Girls, about a joint venture that could change the way TV is watched over the Internet. News of the collaboration will prompt speculation that Google's plans for the TV market include generating original content and competing with major broadcasters.
Executives from the Internet giant have been in discussions with Fuller, who invented "Pop Idol," the world's most successful TV franchise, for about a year. Although details of the deal are a closely guarded secret, sources close to Fuller say it could revolutionize the way entertainment and music are distributed.
"It's a big idea on a global scale." he said. "It will change television in much the way iTunes changed the way music is disseminated."
Read more about it by clicking here.
MySpace Founder Tom Anderson Talks About Music Efforts
My Space President and co-founder Tom Anderson fields questions about selling music, presenting new artists and finding the next hot band. Anderson guides a number of the site's music initiatives, from enabling bands to upload mp3s to launching the MySpace Records label.
Read more about it by clicking here.
Review Roundup: Blazing Quad-Core Rigs
Do you tend to feel that your PC can't quite keep up with you? Does it seem sluggish when you execute multimedia features or get into some really hard-core gaming? Sounds as if you need some speed -- the kind of speed that only a quad-core rig can provide. Prepare to be blown away by the fastest new desktops, because that's exactly what they're doing to the competition. Here are six to get you started, but be forewarned, these rocket ships cost some money!
Read more about it by clicking here.
Prince: The Artist Who Formerly Liked The Internet ... But File-Sharing Is A No-No
Pop music star Prince was long considered an Internet innovator and a friend to the culture of free file sharing. He was among the first major recording artists to sell music online. This summer, Prince distributed more than two million free copies of his album Planet Earth as part of a newspaper promotion in the United Kingdom. Last year, he was honored with a Webby Lifetime Achievement Award for his "visionary use of the Internet to distribute music."
But now Prince, one of America's most successful recording artists for three decades, seems to have had a dramatic change of heart. He is expected to cap an aggressive two-month legal campaign to protect his copyrights by suing The Pirate Bay, a popular BitTorrent tracking site best known for helping people find unauthorized copies of music and movies.
Read more about it by clicking here.
Radiohead Sets Their U.S. Deal For New Album Release
Radiohead will once again let fans choose what they want to pay for the download of their new album "In Rainbows," but also offer a boxed deluxe edition of album.
Read more about it by clicking here.
First 'Robot' Electric Guitar Tunes Itself
Ever get mad trying to figure out why your version of "Voodoo Child" doesn't sound like Jimi Hendrix? Help is at hand from what is described as the world's first robot guitar -- an electric guitar that not only keeps itself in tune even after string changes, but also allows players to access six nonstandard tunings at the push of a button. After 15 years of research, Gibson Guitar is launching a limited edition Les Paul Robot Guitar next month that has set players abuzz with both enthusiasm and skepticism.
Read more about it by clicking here.
Review Roundup: Here Comes the Zune
The new Zune is here, along with a much-needed Zune Marketplace update. And, believe it or not, the 80GB Zune trumps the iPod classic. Read the article in PC Magazine to find out how the 80GB Zune got its edge, where the 80GB falls short, and how the new Zune Marketplace will stand up to iTunes.
Read more about it by clicking here.
Why 'Guitar Hero' Is Rockin' The Game Charts
Following a record-breaking week of sales, the executive behind the 'Guitar Hero' franchise credits its success in part to our "primal" fantasy to be a rock star.
Read more about it by clicking here.
FIRST HER PUBLICIST QUIT, NOW THIS
Heather Mills has parted ways with the law firm representing her in her divorce from Paul McCartney. Mishcon de Reya Solicitors, the same firm that represented Princess Diana in her divorce from Prince Charles, confirmed news reports that they were no longer representing Mills but didn't say why.
URBAN AND UNDERWOOD HIT THE ROAD
Country superstars Keith Urban and Carrie Underwood are teaming up to co-headline the 'Love, Pain & the Whole Crazy Carnival Ride' tour, a name that incorporates the titles of both their recent albums. The extravaganza kicks off Jan. 31st and will cover 24 cities.
SEXYBACK GOLF?
Justin Timberlake is slated to host the PGA Tour's Las Vegas event for the next five years, starting in 2008. As part of his participation, Timberlake will play in a celebrity pro-am and host a concert during tournament week.
MORE 'HIGH SCHOOL MUSICAL' ON THE WAY
"High School Musical" star Ashley Tisdale has revealed that she and the other stars of the 'tween sensation, including Zac Efron and Vanessa Hudgens, "have their deals pretty much in place" for the third feature in the franchise. The TV film, which had a completed script in place prior to the writers' strike, is scheduled to begin filming in February.
PLUGS CHOOSE NOMINEES
Spoon, Radiohead, Arcade Fire, Of Montreal and Band of Horses are among the acts to receive multiple nominations for the Plug Independent Music Awards. Voting is open to fans online at plugawards.com and will continue through Feb. 8th. The awards will be handed out at a Mar. 6th ceremony in New York City.
TURKEY DAY PARADE
Good Charlotte, Lifehouse, Jordin Sparks and "High School Musical" stars Ashley Tisdale and Corbin Bleu are all on the lineup for this year's Macy's Thanksgiving Day Parade, to air on NBC.
"LIONS FOR LAMBS" DOESN'T 'CRUISE' AT BOX OFFICE
The latest Tom Cruise flick (with co-stars Robert Redford and Meryl Streep), the Iraq War-inspired drama "Lions For Lambs" took in only $6.7 million at the box office last weekend.
CONGRATS TO
Steven Spielberg, who has been selected as the recipient of the Cecil B. DeMille Award at the 65th Annual Golden Globe Awards on Jan. 13th, 2008.
Quotes of the week
"Like most people do nowadays, we pay less and less attention to an artist's friend count. It's weird how people think that it means something. From our perspective, that just means a band was successful at marketing themselves."
-- MySpace President and co-founder, Tom Anderson."I need a Boston man."
-- Jessica Simpson, on the kind of guy she's looking for, to Extra. Teddy Kennedy is always looking for action, Jess."See, that lovely, young, conservative, attractive-looking woman with Paul McCartney? Well, I love her very much. She's my cousin."
-- Barbara Walters, on 'The View,' talking about Paul's McCartney's new love interest, Nancy Shevell."I do my own laundry. I don't really watch telly, I clean the house. I'm a housewife!"
-- Amy Winehouse, describing her domestic lifestyle to V magazine. Yes, a housewife alright...a "mad housewife." This week Amy was booed off the stage during the first stop of her U.K. tour in Birmingham. She did her usual slurring and mumbling and the audience was not happy."I did not expect her to say anything."
-- Marc Anthony, at the Miami concert after wife Jennifer Lopez announced for the first time publicly that she's pregnant. We didn't expect it either, Marc ... all of us already knew."I see and hear what's happening to Britney Spears and it's all I can do not to move her into my guesthouse and say, 'Okay, this is how it's going to be!' And just take care of her."
-- Julia Roberts. How sweet of you, Julia. But Britney has a mom and I'm sure she's already tried that.
The B-Side - 'Blips'
THE ONION (www.theonion.com) STORY OF THE WEEK:
One Last Ruben Studdard Reference Wafts Gently Into The Cool Evening Air
ST. PAUL, MN-Spoken in a hushed and honeyed tone, the name of 'American Idol 2' winner Ruben Studdard spilled forth from the lips of a local resident yesterday, and, briefly hanging sea and sky between, escaped suddenly into the eternal chill of the crisp autumn air.
According to those present, gone, gone is the reference to the rotund songsmith, passing unencumbered through the shared human consciousness and disappearing into the ether, yet another name now lost to the ages, silently fading into shadows numberless, suckled by the night sky.
And lo, eyewitnesses report, the reference has taken its place in the heavens, sealed forever in memory forgotten, never to be heard again.
Read the rest and laugh here: http://www.theonion.com/content/news_briefs/one_last_ruben_studdard.
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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