Category Archives: Stupidity

Classic Songs to Be Discovered, Music, My Stories, Stupidity

Chevelle, Sebastian Bach, James Durbin, Black Label Society and The Used. And Artists Wonder Why Fans Cherry Pick.

Listened to some new music today that I have been wanting to check out for a few weeks now. The beauty of Spotify.

Chevelle – La Gargola

Chevelle blew my mind when they came out with their Tool infused pop stylings.

It was perfect back in 2002 and 2004. Now it is getting old. In saying that, “One Ocean”, “Choking Game”, “Under The Knife” and “Twinge” are stand out songs, however only the hardcore fans would go that deep into the album. The rest would check out the single, and maybe the first five tracks and move on.

Sebastian Bach – Give Em Hell

Skid Row was powerful with Bach on vocals. There was an X Factor there. Sabo and Bolan couldn’t get signed with all of the previous vocalists and then Sebastian comes on the scene and suddenly the band is hot and dangerous.

One hell of a talented vocalist and with this solo album, Bach is in top form. It is a solid album from start to finish with each song written by a who’s who list of musicians and producers.

And Devin Bronson on guitar, playing hard rock/metal music is triple A. If there is a fault, 12 songs are too much. 9 songs really stand out.

James Durbin – Celebrate

The memories of Durbin doing “You Got Another Thing Coming” from Judas Priest on American Idol still live on. It was that cover song that got me interested to check out his original music when the time came. So the debut comes out and the opening track “Higher Than Heaven” blows me away at its heaviness and popiness.

And now here we are in 2014. It is a good album. It is worth a listen. My wife will love it. In the end if you want to hear James Durbin pretend to be like Kate Perry or One Direction that “forever, ever, ever line” in “Live Right Now” is just too much or the “Jump! Jump! Jump!” in the song “Parachute”.

Noteworthy tracks are “Louder Than A Loaded Gun”, “Real Love” and “Children Of The Sun”.

It’s time to go back to those thirty rock songs that didn’t make it on the album and get them released, because a rock career is forever, whereas a pop career is fleeting.

Black Label Society – Catacombs of the Black Vatican

Love Zakk Wylde. I still remember having a poster on my wall around the “No Rest For The Wicked” period. Zakk was just a skinny little blonde kid. Now he is like a Viking marauder, ready to take over this town.

I like Black Label Society for the same reason I like AC/DC. You know what you are gonna get and it is a good thing. It’s groovy hard rock and metal, with Zakk’s Ozzy meets Layne Staley style vocal phrasing and great guitar playing.

Zakk has nurtured and fostered his audience with this sound. He has put a bikie culture and mentality around his audience and each time he plays a town, he calls on the local BLS Chapter to come out in force. And he gives them what they want. Beer soaked groove rock and metal.

“My Dying Day” is a full strength brewski. “Angel Of Mercy” for a ballad is also a full strength brewski. “Damn The Flood” has a Goddam wah-drenched solo section. So another brewski for that. “Empty Promises” is a double full strength brewski.

The Used – Imaginary Enemy

My first exposure to The Used was in the first Transformers movie and that car chase scene between Bumblebee and the Decepticon Police Car. I loved that riff, so I tracked down the soundtrack and found out that the song was called “Pretty Handsome Awkward” from a band called The Used. I really enjoyed the “Artwork” album.

And I have no idea what The Used is trying to achieve with this album. I’m hearing it and I am thinking about the latest Daughtry album that alienated the hard core fans in its quest for the One Direction and Train pop dollars.

In music, your only as good as the last song you released or the last album you put out or the last show you played.

Start getting a few D grades in both and expect your career to disappear.

At least their club and theater shows are selling out.

The takeaway.

A lot of time was invested to hear the sixty plus songs across the five albums and I only clicked the save button on my Spotify account 20 times. And then artists wonder why the fans cherry pick. And nine of them came from Sebastian Bach’s effort.

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Music, My Stories, Stupidity

The Aftermath Of A Relationship Breakup is Denial, Secrecy and Facades

This is the situation.

A person I know quite well is separated from her husband. Big deal right. Everyone separates these days.

That same person hasn’t said anything to me about the separation, still carrying on like everything is the same, even when she has moved back in with her parents.

That same person’s brother is a good friend of mine and I see him at work every day and communicate over email more or less every day and he hasn’t said anything about the separation either, carrying on like everything is normal.

Is there behaviour normal?

It’s like you are dealing with the old Cold War KGB when it comes to this family. It’s like dealing with the Communist propaganda of “look how mighty our country is when in fact the people are starving”.

Maybe they think I will judge the actions of what happened.

The truth is I knew about the marriage being in trouble a while back, when stories started to circulate that a lady and a man got caught having a tryst in the disabled toilets of the company they work and due to a breach of conduct they got their employments terminated immediately and escorted out of the building that same day.

That happened about 9 months ago.

Then when I asked my friend if his sister was still working, he told me that she resigned from her job because she had enough of the crap.

Sounds like denial. Sounds like Commie propaganda to me.

Then months went by and the few times I was out for drinks I would see her husband flirting and getting really close with other females. Big deal right. So I was thinking of bringing the subject up with her, but then i said fuck it. She made her bed, she can lay in it. If she wanted my say, she would have been more honest about her situation.

Then it was silent on the battlefront for a while. Maybe they tried to work it out and move on.

Then about three weeks ago more stories started to circulate.

“She ran away with her boyfriend, leaving her husband and kids” is the story that came out from her husband’s side.

“He was cheating on her for six years and she had had enough. Since they have two kids, she stayed for them, but it got to a stage where she couldn’t handle it anymore” is the story that came out from her parent’s side.

Still, no actual words from her or her brother to me about the actual version of events. The following quote came into my head;

“The reason I called it Aftermath of the Lowdown is because when you give somebody the lowdown, that’s the truth. And when you tell somebody the truth, there’s an aftermath to it.”

Richie Sambora said the above in an interview with Rolling Stone Magazine.

And it certainly rings true in this matter. Let’s say that both stories are true.

The lowdown is that her husband cheated on her and then she revenge cheated on him. The aftermath is the break up and the work that goes into rebuilding lives, as two children are also affected. Then you have the aspect of denial in front of people they know, pretending that nothing has happened and that they are still alpha and omega.

In the end, life is too busy for people to really care about facades. Break ups in 2014 are plentiful. Hell they have been plentiful since the last 30 years.

So why all the secrecy.

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Copyright, Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit

Record Store Day

For “Record Store Day” I paid $30AUS for the “Killers and Kings” single from Machine Head.

Online I can purchase the single for $15US from the Nuclear Blast store.

So I selected the three other covers that I didn’t have and added them to my cart. The total was now sitting at $45US. Then I registered my account and since I am in Australia I was charged $29US for postage and handling. The total of my purchase was now sitting at $74US. Once I paid it via PayPal, the final payment figure from me was $82.21 in Australian dollars.

That equates to about $27AUS for each single.

Now if the Independent Record Store was selling it for $30AUS, then that would mean that the actual independent record store would be making $3 per item.

Hell if that is the mark up for each limited edition item they were selling and let’s just say that one record store sold 200 items, that would mean that the pure profit for the record store would be $600 for that day.

So is the “Record Store Day” there to benefit/save the independent record store?

And to put a spanner in the math, the actual royalty paid back to the band is a percentage on the wholesale price. And the wholesale price is about 50% to 80% lower than the retail price.

Let’s use the Machine Head example.

If the wholesale price of each single would be between $3 to $7.50 and if the royalty rate is a generous 20%. That would mean for each single sold the band would get between 60c to $1.50 royalty cut, to split between 4 people, plus a manager and a legal team.

So what happens when there is an advance upfront payment.

The band takes the money upfront, forsaking (in a lot of cases) any claims on royalties and the risk resides with the label on recouping that advance payment with the single release, the album release and other types of releases.

Either way, Record Store Day is not there to save the record stores. It is there to replace the revenue lost by the record labels due to the declining CD sales. It has nothing to do with keeping the record store open or trying to save the mum and dad independent record store.

It is pure label greed.

Sort of like how the record labels are going after Pandora again. This time around they are suing the internet radio service for not paying to use sound recordings made prior to 1972. But hang on second neither does terrestrial radio.

So what we have is the following scenario;

– Record company lawyers are filing cases against Pandora in state courts. This will enrich them.
– It will do nothing to put money in the hands of the artists.
– What will happen is that Pandora will more or less stop playing these pre-1972 recordings instead of paying another license fee that federal law says you don’t have to pay.
– If the legal bills mount up for Pandora they will go out of business and the 60% royalty rates that Pandora paid will disappear from the record label and publishing companies bottom lines.
– It would do nothing to bring in more money.
– It still doesn’t solve the industry’s biggest problem which is to find a new business model that replaces the revenue lost from the decline of CD sales.

It is pure label greed. To use a phrase that they use in relation to piracy, “IT IS THEFT, PLAIN AND SIMPLE”.

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A to Z of Making It, Music, My Stories, Piracy, Stupidity

In Music, Rules Are Meant To Be Broken (If You Want To Rock N Roll)

Small businesses need to understand that life’s changing and because it is changing so fast, it is a case of adapt or die.

To put it into perspective, the Australian Government recently signed a few Free Trade Agreements with South Korea and Japan, with China set to follow soon. All of this will make it easier for the big retail giants of those countries to enter the Australian market. All of these FTA’s makes it harder for small businesses to compete. Because as is the norm when big giants come into a market, prices go down, and for small businesses it does not make life easier, it makes it harder.

However, opportunities always emerge for the fast adapters.

Sort of like the music business.

The ones that adapted to the changes fast, survived. While the ones that complained and whined about peer-to-peer either perished or downsized.

Traditional music distributors. Gone or downsized. Replaced by Digital distributors.

Record Store Retail Outlets. More or less gone. Replaced by online shopping carts, streaming and digital downloads.

Publishing companies. Downsized or merged.

Record Labels. Downsized or merged. Saved by the tech industry.

Bands. Either are breaking up or are constantly replacing members.

So if small businesses needs to adapt to survive on a constant basis, than artists, record labels and the music business in general should be no different. And just because the recording business was dragged kicking and screaming to embrace mp3’s, then YouTube and then streaming, the innovation doesn’t end there. Adaption is the key.

Instead, the music business is cashed up and the record labels have a powerful lobby group that instead of innovating and adapting to the changes, they lobby hard to have laws passed to assist them.

Instead of adapting, they have the courts step in to assist them.

Instead of innovating, they had the Federal Police step up to the plate and assist them in using terrorist style raids on unsuspecting victims, like a 5-year-old girl and her Winnie The Pooh laptop.

And now that the recording business is all in with the techies, those same techies now have shareholders and boards that want profits first and innovation second.

Seen the stocks of Netflix, Facebook and Twitter recently. But tech is where the action is I hear people say. Well I say tech is where the action is up until profits trump innovation.

Music drove culture up until a point in time in the mid Eighties when executives put profit margins ahead of music.

And in business, cash flow is everything. In music, cash flow is a byproduct of great music.

In music, rules are meant to be broken. Innovation is about breaking the rules.

New musical legends will combine both and rise from the ashes to enrapture the public. And they will be different. These artists will not be interested in corporate deals and sponsorships.

These new artists will not be concerned about the past. They will be concerned about changing the future. With music. Like it was once before. When music led the way.

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A to Z of Making It, Music, My Stories, Piracy, Stupidity

Who Is Ahead Of The Game and Who Is Behind The Eight Ball

Ahead Of The Game
Demonoid. As the single largest semi-private BitTorrent tracker that ever existed, Demonoid offered a home to millions of file-sharers. Throughout it’s history it has been taken offline a few times and the most recent one occurred last year. However, the site is known as the “COMEBACK KID” and it is back again. Never underestimate innovation. It always trump corruption and money.

Behind The Eight Ball
As expected and predicted by everybody, the Entertainment Industries/Hollywood Studios are now suing MegaUpload. The fact that they conspired with the Government to take a cyberlocker off-line was not enough. The fact that they made a lot of people lose personal content like photos, papers and videos is not enough. Let’s spend more money and sue the organisation. I suppose the catchcry is going to be the whole “WE NEED TO SEND A MESSAGE”.

Ahead Of The Game
YouTube dominates music streaming UNOFFICIALLY.

Behind The Eight Ball
Apple’s got no streaming solution. iTunes Radio is no match for Pandora so Apple/Cook making a billion dollar deal with Beats Music (which was losing money) so that they could have a streaming solution. And Trent Reznor (who was an investor in Beats) cashed in with the Beats sale to Apple by making way more money than he ever made in music.

Ahead Of The Game
Streaming wins.

Behind The Eight Ball
Spotify laid the foundation for streaming by fighting from trench to trench. Can they compete with Apple? The word on the street is that Apple will have a better royalty rate when it comes to streams.

Ahead Of The Game
The Techies are still the winners when it comes to music and distribution.

Behind The Eight Ball
Ponos and Studio Quality music in our ear buds.

Ahead Of The Game
Independent bands that come up with creative ways to engage their fans. “The Airborne Toxic Event” a few years back released a series of stripped-down, single-shot videos for every song on their album. Check out their Spotify and YouTube numbers today. A lot of the established rock bands do not have those numbers. The lesson here is that the artists in today’s world have way more opportunities to reach out to their fans and share content with them. It’s a lifer game.

Behind The Eight Ball
Artists talking about CD sales. Or research that focuses on innovation hurting sales of music. Hell, lets bring back Eight Track Tapes and Cassettes while we are at it.

Ahead Of The Game
Number crunching. MusicMetric, Echo Nest and Next Big Sound are all out there providing analysis on music by examining all aspects of a bands presence, like Social Media, Peer To Peer, legal mp3 purchases and streaming numbers.

Behind The Eight Ball
Lobbyists are still pushing hard for prosecution of online pirates and that new law is known as the Trans-Pacific Partnership (TPP). Basically it is a free trade deal that is being negotiated in secret and it has similar provisions to America’s controversial SOPA and ACTA bills.

And what about these other little innovative beauties from the entertainment industries;

DreamWorks calling for a piracy crackdown while they rake it in.

MUSO (a takedown service) is the Entertainment Industries answer to piracy. And the UK Government is providing funding.

If you are an artist, you need to keep on creating so that you can stay ahead of the game. If you are a label, you need to be finding talent and innovating to stay ahead of the game. Otherwise, you will be behind the eight ball and blaming everyone else for your shortcomings.

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Copyright, Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit

The Power Of User Transcriptions and the Death Of Sheet Music

I can honestly say that with the rise of the internet, the need to use my ear and figure out a song has more or less gone out the window. All I need to do is go to UltimateGuitar.com or to an iPhone app and search for the song.

There is a 100% chance that it is there, especially the popular ones. The beauty of it all is that the transcriptions are free and made by musicians who are fans of the band. Some of the more complex progressive stuff is also out there and massive kudos to the guys and gals who sit down to transcribe Dream Theater, Periphery, Sikth, Animals As Leaders and Protest The Hero because they love it, not because they get paid to do it.

However, it wasn’t always UltimateGuitar for me. My fascination with other people transcribing tabs started off with “Harmony Central” back in 1999 which had basic and crude text tabs. However that interest went up a large notch with this website:

THE POWER TAB DUNGEON

The website is littered with PowerTabs from bands in the Eighties and Nineties. In some cases it has the whole album from a band or in some rare cases it has the whole discography for a band, even going into the Nineties and Two Thousands. It is simply as well. Click on the song and it downloads straight away. Nice and easy, just the way that I love it where as UlitmateGutiar.com has way too many clicks involved in order to get the song transcription.

If you are in the business that sells sheet music, your business model is challenged. Not because of piracy, but because of users wanting to show the world that they can transcribe music that they love. If you are in the business that sells magazines with transcriptions like Guitar World or Total Guitar, your business model is also challenged. I am a Guitar World subscriber and the last 16 months worth of issues are still sitting on my shelf with the plastic wrapping still on them.

When my subscription expires I will be letting it lapse. There is no need for it in the current world and their fascination with ass-kissing the classic rockers is getting too much. For example, i can honestly say that i have over 15 transcriptions of the same song from either Jimi Hendrix, Metallica, Ozzy/RR era, Led Zeppelin, Rolling Stones and Eric Clapton.

I digress. You will notice that I mentioned PowerTab earlier. It’s a piece of software which I still use today to capture riffs and turn them into songs. It is not the best piece of software out there on the market right now, however I was a very early adopter of PowerTab (circa 2003 or 2004) and it served my purpose well when my kids came into my life between the years of 2005 and 2011. Instead of plugging in and playing riffs, I opened up the lap top and fired up the PowerTab software. It more or less became my guitar.

And this brings me back to the the Power Tab Dungeon website. It is pure Eighties heaven. Even the hard to find stuff. Back then, when this site came out, a lot of the other tab sites didn’t have this collection of material. Now if you go onto UltimateGuitar.com you will more or less see it all there. However the original leader in Eighties tab was the Dungeon.

If you wanted to know how to play songs from “Shotgun Messiah” they are there. Or “Babylon A.D”. Or “Steelheart”. Or “Jackyl”. Or “XYZ”. Or “Ugly Kid Joe”. Even “Vince Neil’s” solo albums.

Also on the flip side you still have Hal Leonard selling Note For Note books for between $50 to $70 plus dollars in Australia. And they wonder why no one is buying. Let’s blame piracy. Why not, everyone else does.

Of course, there was a time when the Music Publishers Association freaked out about PowerTab and went all nuclear on the software.

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Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit

A Look Back

2009: This week (April 1 to April 6) – 5 years ago

Record Labels: The 360 deal had a lot of headlines as financially challenged record labels began forcing acts to give up income from touring and merchandise for almost nothing in return.

Innovation: A new anti-piracy law in Sweden meant that the VPN encryption industry got a new boost. This more or less pointed out that playing Whac-A-Mole over file sharing was useless.

PIRACY: The RIAA was still pushing the whole “Music is theft” argument. The RIAA was still pushing their whole “music acquired illegally = drop in revenues”.

DIY: Halestorm: Read this Techdirt article from April 2009. There is a reason why Halestorm is one of the main leaders of the current crop of rock bands.

A quick summary of the post (their debut album was still not released);

– Lzzy starts solo with a guitar around her neck and a mic, just singing acapella. Long notes, killer voice. She has people cheering for her before the rest of the band even walks out on stage. Before her voice gets hidden behind the rock, she lets ’em know she can sing and you can see people are impressed straight away.
– The rest of the band appears and they tear through a few songs. It’s straight-ahead rock, on the heavy side but ready for pop radio. Everyone in the band is high-energy and engaging, even Lzzy’s brother Arejay on drums is standing up for parts of the songs and just generally being a showman.
– Mid-way through the set Lzzy announces they have a new record coming out in a few weeks but you can buy a pre-release of it now for $5 at the merch stand.
– There’s a drum solo-y part that doesn’t go on long and ends with the entire band at the front of the stage playing drums and the crowd cheering as they go crazy with it.
– During the last song Lzzy reminds them that they have their own merch stand upstairs and CDs for only $5. She also says the whole band is going to be up there after their set and that she wants to meet everyone.
– I head over to the merch stand after the show and watch their tour manager relieve the woman who runs the merch table so she can disappear into the crowd below with a box of CDs with “Halestorm CDs $5” written on it.
– The merch stand is mobbed. It’s surrounded by people and they are selling merch literally as fast as their tour manager can manage.
– The band appears (after breaking down their own stage setup) and meets and talks to as many people as possible, while helping to sell their merch.

As Ian Rogers from TopSpin noted:

“The band is doing everything right. They’re using every opportunity to connect with fans, while also giving them a real reason to buy. They’re not waiting for their record label to get them on the radio or MTV. They’re doing everything they can to actually build up a rabid supporting fanbase from the bottom up.”

And that is what every band should be striving for. Connecting with fans and giving them a reason to buy.

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Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit

Innovation V8.0: You Gotta Love Innovation From The Entertainment Industries!!!

Progression

Music piracy opens up new technological innovations and new conversations. The latest one doing the rounds is the battle against piracy on the SMARTPHONE. The music industry trade group, the International Federation of the Phonographic Industry, (IFPI) called it an “emerging and as-yet-unquantified threat”.

It’s the same old argument.

One thing that is certain is that the SMARTPHONE is here to stay. That is why the “Music Maniac” app has been downloaded more than 10 million times. So why can’t the music industry innovate and have an app that is downloaded 10 million times.

The music industry of course have sent notices to Google requesting the apps removal. How typical. What’s next? Ban the smartphone because it enables song piracy. Ban cars because they kill people. This is progression. It is a new frontier.

Regression

In the UK, politicians decided to tax digital downloads. So this would mean a price increase for music.

A price increase in digital downloads will lead legitimate music customers to streaming and the more casual ones to piracy.

In my opinion this is a stupid decision by a Government that acts like a police force for the Entertainment industries.

Don’t mistake this tax for what it really is. A protectionist tax for the brick and mortar stores who think of their profit margins instead of their customers.

Bring back the CD’s screams the British Government.

Progression

Piracy in China is huge.

Not because that the Chinese don’t want to pay for it, its just that China audiences don’t have access to a lot of legal alternatives that are worth it.

So with Nokia launching a very OVERDUE streaming service in China, it is a step in the right direction to monetise that pirate money into legitamite money.

Nokia’s service will provide a legal alternative for free or a premium version for the equivalent of $3.99 a month.

Regression

Music industry group IFPI believes it is time to expand the web site blockades to other countries, and censor mobile networks too.

It looks more like censorship to me.

Progression

Anyone heard of Hatchet.

“Hatchet is a place (website) where users can share music, tastes and thoughts against one or more music services – and be portable across them.”

This is tech companies innovating to stay ahead of their competitors and it is no surprise that the announcement by Hatchet came shortly after Spotify acquired music technology firm The Echo Nest.

Regression

The everlasting saga of MP3Tunes and it’s founder Michael Robertson took another drastic turn in the courts. The whole lawsuit was another case of the record labels just being generally angry about innovation.

While MP3Tunes initially, won, the case went around the blocks and now the judge in the MP3Tunes case withdrew the original ruling and decided to take another look. That’s now resulted in a jury apparently finding that MP3Tunes was “willfully blind” to infringement.

So a jury now decides Copyright Law. Who would have thought that when Copyright was first introduced?

Maybe we should start charging all of the car makers for their cars being used in drive by shootings and drug trafficking.

The eventual endgame for the Entertainment Industry is to reduce the internet to a distribution model that is under their control where the flow of all content is all about paywalls.

Progression

BitTorrent and Music is normally associated with piracy, so of course you always need someone to show how it can be used for something different.

Moby showed last year that being the most downloaded torrent is a good thing.

This year we have a Hip Hop artist leading the way with a world first BitTorrent / Bitcoin venture, alongside their regular iTunes offering. And all donations go directly to the band as there are no middlemen.

Regression

So what do we own when it comes to music these days. According to a US politician, we own nothing.

According to this moron, the mp3 that we buy from iTunes is not really ours.

Of course Rep Nadler’s fifth largest campaign donor is…

Drum roll please…..

TV/Movies/Music

Progression

The courts are finally realising that an IP address does not identify a person.

Copyright troll’s like to use IP addresses as evidence to ask courts to issue subpoenas so they can get their hands on account details from ISPs. The problem with that, is that the person listed as the account holder is often not the person who downloaded the infringing material.

So it is good to see that judges are using some common sense.

Regression

Rightscorp is still in the news. It is a copyright troll that is purely there to shakedown people.

None of that money will ever go back to the creator of said works. It’s whole business model is built on identifying IP addresses and then sending notices to the ISP provider so that they could forward it over to their customer.

Progression

Music streaming services have taken in over $1 billion in sales worldwide. This is a big positive for the music industry. Let’s hope that the record labels dont kill it, by strangling the payments back to artists.

Regression

People still complain about the difference between analog dollars and digital dollars.

Progression

It’s good to see that Billboard is trying to remain relevant however it could be too little too late. Their latest piece of innovation is charting the chatter that happens on Twitter when it comes to music.

Of course, it wouldn’t be just Billboard taking this project on. Twitter and Billboard announced that they plan to create the Billboard Twitter Real-Time Charts: which is a continuously updated list of the songs being discussed and shared the most on Twitter in the United States.

Regression

This whole notion of a piracy tax. Italy is another country that is bringing it in.

The levy applies to any piece of hardware that can hold photographic or video material – whether that’s stand-alone storage or the hard drive of a device. In exchange for the fee, consumers are able to make private copies of copyrighted works they own — films, music and so on — for their own personal use.

So by having a piracy tax in Italy, does that no mean that uploading and downloading copyrighted works is now legal. Because hey the Entertainment industry cant have it both ways.

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Copyright, Derivative Works, Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit, Unsung Heroes

RANT ALERT: Copyright, Rock N Roll Hall Of Fame and The Walking Dead

BUSINESS MODEL PROTECTIONISM

It’s pretty pathetic how the entertainment industries need to get governments to pass laws and update laws every time there is a shift in technology. Remember, back in the Eighties, when the boss of the MPAA Jack Valenti proclaimed at a Senate Congressional Hearing that the VCR’s are to the American film producer and the American public as the Boston strangler is to the woman home alone. Yep, that is right, the head of the MPAA said that in 1982.

Fast forward a decade later and VHS sales of movies proved to be a very very large income source for the movie industry. So if the MPAA had their way, this technological innovation would have been killed at the beginning. Sort of like how the music industry reacted when Napster exploded. And due to that poor reaction, they allowed piracy to grow and due to their unwillingness to license Spotify, they allowed YouTube to become the unofficial streaming king.

All of this innovation happened because of copyright infringement. If all of the innovators followed the law or asked permission from the Record Labels to go ahead, well, no innovation would have been possible, because hey, any innovation in the entertainment industry that is not controlled by the gatekeepers is like the Boston Strangler to their business profits.

Let’s get one thing straight. Copyrights have been infringed forever by consumers of music and it still hasn’t killed off the music business. The difference now is that the main holders of Copyright are large corporations called Record Labels, who have the cash to go all nuclear with lawyers on people that violate that copyright.

So when it comes to negotiating new laws for copyright, it is these large and cashed up business entities that are lobbying politicians.

So what we have is a disconnect. The copyright industries want the tech industries to introduce measures to reduce piracy. The copyright industries want ISP’s to introduce measures to reduce piracy. The copyright industries want Governments to introduce measures to reduce piracy. The copyright industries want Judges to introduce measures to reduce piracy. Basically, the copyright industries want everyone else to help them, however they choose to do nothing themselves in terms of innovation.

Call it the last screams of the ENTITLEMENT EXECUTIVES.

That is why take down requests from copyright holders are going through the stratosphere. The Entertainment Industries are abusing a law by trying to catch a site that is NON-COMPLIANT. If the site that is hammered with the robotic takedowns doesn’t comply then they could be held liable.

This is not what copyright is designed to do.

Copyright was always designed so that the creator of a piece of work is granted a certain monopoly on their works and by that grant they can then sell their right to copy their work to another entity in exchange for a fee. A quick search of Google for the definition of Copyright states that it is “the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.”

So now add “The Record Label” to the definition. The definition would read something like this;

“The exclusive and assignable legal right granted to the originator who then sells that right to a corporation for a fixed number of years (in some cases, for their whole life plus 70 years) so that the corporation can print, publish, perform, film, or record literary, artistic, or musical material.”

Burton C Bell from Fear Factory didn’t know how much his songs were worth when he signed his first contract with Roadrunner Records.

Imagine a young up and coming sports star who is signed to an NBA club for peanuts and then after a season or two, shows that they are really a star athlete. Two things would happen to that sports star. The NBA club that they are with will either up their contract to match their new-found stardom or a new NBA club will swoop in and make them an offer they cannot refuse.

Fear Factory showed Roadrunner that they are a star athlete. Instead of getting a better royalty deal they got the same rubbish for 20 years plus. Instead of being allowed to negotiate with other labels and getting a transfer to test their net worth, they got locked into a restrictive contract with terrible payment rates.

Copyright is too distorted and removed from what it was intended to do. It needs a rethink and a massive re-write. The kids of today, the ones that pirate, will one day step up into government and then, change will happen.

THE WALKING DEAD

It’s passed its prime.

The last half of Season 4 was by far the worst. It is a yawn fest of massive proportions. The only two episodes worth talking about so far is the Rick Grimes House episode. The house when the group that Daryl is with right now decided to crash it.

And the other one was the Carol episode with the two little sisters. However I still have issues with that episode, as I saw it just an episode put there to shock, instead of progressing the story line.

AMC is down two big shows in “Breaking Bad” and “Mad Men”, so they are pumping all of their resources into milking TWD.

Seriously spin offs. It only dilutes the main brand. Think of “Law And Order” or “CSI”. They had so many spin offs it got to a point of silliness.

The main show runners in Frank Darabont and Glen Mazzara got booted for various reasons, with TWD comic creator Robert Kirkman being behind the Mazzara booting. One thing I can say is that comic book writers should stick to comic books. They are not TV show runners.

Frank Darabont got the TV show up and running. It is the house that Darabont built in it’s tone, settings and style. Not Robert Kirkman.

Prior to the show exploding, The Walking Dead comics had a cult niche following. Now it has a popular culture following. And that is because of the TV show. Not because of the comics. The comics provided the story, however how original is the story when the whole Zombie genre is copyright free.

I actually went and purchased the comics recently for my Christmas Present. And that is because of the show.

ROCK’N’ROLL HALL OF FAME

They call themselves “leaders in the music industry” that joined together to establish the Rock and Roll Hall of Fame Foundation.

Joe Elliott from Def Leppard called it as it is. Elliot called them a “board room of faceless tuxedo-wearing morons” who decide such things based on their own determination of what’s cool. And with that, a final lyrical quote from the great James Hetfield

“Who made you God to say”

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A to Z of Making It, Copyright, Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit

The Piracy Conversation: The Good and The Bad

Anyone heard of this beautiful new piece of software called “Popcorn Time”. There are no registrations, or restrictions on content. It looks like Netflix and it is free. The user just presses play. It’s easy to use and its design is elegant.

Did you also know that “Popcorn Time” was designed by programmers in Argentina, where the movie “There’s Something About Mary” is still classed as a new release by the movie industries in that country.

So of course, the “Popcorn Time” development team created an innovative piece of software to meet a service problem for their country because the content industries failed to. There is a reason why South America has the highest rates of copyright infringement when it comes to music. Access to content is not serviced in an affordable way.

Of course the creators shut the service down when their “experiment” put them at the doors of legal threats around piracy and copyright infringement.

However the saga did not end. Remember that the internet is a copy system. So of course, the source code was made available and now other programmers took over the open-source code and made it available to people once again.

Hollywood is not up against people who want to be millionaires. They are up against educated people who want to create something new to solve a problem that they have in their home country. If the developers followed the “laws” then “Popcorn Time” would never exist. The restrictions around copyright and patents would have killed it in the start-up phase.

To compete, Hollywood needs to employ the best and the best don’t want to work for companies who see innovation as a way to prop up profits from the past. They want to work for companies who see innovation as a way to stay ahead of other companies.

So the best minds go into business for themselves, or for companies that meet their expectations or they just stay in their bedroom and innovate without the law in mind.

We all know that piracy is wrong, however it opens up the conversation to the larger issue.

Let’s put into context what piracy/copyright infringement has done.

THE BAD

It made the RIAA spend millions suing music customers.

THE GOOD

While Apple started to see a market here and began to turn those Napster digital natives into iTunes buyers by making it easy to grab the latest music, anywhere, at any time.

THE BAD

It made the RIAA/Record Labels sue/kill off thousands of technologies that would have given them better profits if they only had the foresight to innovate instead of legislate. Think of Napster, Limewire, mp3tunes and many others.

THE GOOD

With the rise of Spotify/Pandora, the music piracy problem is declining and the labels are now cashed up

THE BAD

Artists are not seeing a lot of it.

THE GOOD

Piracy opened the door for format shifting.

THE BAD

The music industry introduced DRM and the ones that got hurt by it were the ones that actually paid money to purchase the product while the pirates bathed in DRM free mp3’s.

THE GOOD

YouTube piracy has also led to another source of income. It’s actually official now that record labels make more money from fan-made videos uploaded to YouTube than they do from their official music videos. Check it out on the link at the end of the post. And this is coming from Universal Music Group.

THE BAD

And still the labels send out billions of takedowns to these kinds of videos on YouTube because they still see fan made videos as a breach of copyright.

THE GOOD

However, YouTube has innovated even more and now the label is notified when a user uploads copyrighted content. The label can then choose to place advertising before the video, making royalties from the views.

THE BAD

And the labels/RIAA still scream that Google (the owner of YouTube) isn’t doing enough to protect their profits.

THE GOOD

YouTube fan made pirated videos is a massive growth area alright.

THE BAD

How much is the artist seeing? Again a lot of power in the hands of the label and a lot of money coming into the label accounts for work done by fans this time around. These monies should be at least 70% to the artist.

THE GOOD

Basically, piracy has also highlighted how broken Copyright is. The pure essence of Copyright has been hijacked by the Corporations that now hold the majority of copyrights. To further show how broken it is, Sir Tim Berners-Lee (one of the main creators of the World Wide Web) has called for a copyright reform passage to be included in any new legislation written as part of the “Web We Want” initiative. He further stated that the current law is purely there to protect the interests of movie producers, not the public at large.

THE BAD

The labels see piracy as a case for even more draconian copyright legislation and even longer terms post death.

THE GOOD

Piracy has opened up more distribution channels

THE BAD

However the “Popcorn Time” software has shown that the current movie industry is still employing the old distribution model.

THE GOOD

However, Netflix has shown the movie industry that fans of movies and TV want content on demand/twenty-four hours a day for a fair price. And Popcorn Time has shown that they want top-tier content.

THE BAD

Google is still blamed for not doing enough.

THE GOOD

Because the future is in streaming for music and video.

THE BAD

However the RIAA and the MPAA are doing their best to kill it. Pandora had to raise their fees to cover the cost of licensing the songs. Plus they also had an expensive lawsuit in relation to the royalty rate paid on a radio stream. While the movie studios still lock content away.

THE GOOD

Legacy analog revenue sources get replaced by digital revenue sources. It’s a transition right now. The transition isn’t happening fast enough for the labels however it is their fault in the end. As their need to control has more or less slowed the transition process down.

THE BAD

It is a shame that the RIAA and the record labels focus on the shortfalls between analog and digital revenues at this point in time, instead of looking at the bigger picture.

http://www.businessspectator.com.au/article/2014/3/21/technology/how-video-piracy-killing-hollywood-star

http://techcrunch.com/2014/03/17/popcorn-time-is-hollywoods-

http://www.themusicnetwork.com/youtube-fan-videos-earn-labels-

http://www.nbcnews.com/tech/tech-news/pandora-raises-

http://www.linkedin.com/today/post/article/20140317203156-

http://www.businessspectator.com.au/article/2014/3/21/technology/tuning-musics-digital-struggle

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