Tag Archives: legislation

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

Customers And Creators. Fans And Artists. They are the ones that matter.

Village Roadshow is grasping at straws in their fight against piracy. Still failing to understand why it is a phenomenon and how it can be competed against. And the spokesperson for all of the propaganda and misinformation is Village Roadshow senior executive Graham Burke.

He has gone after Google because he believes that Google is deliberately misinforming the public in their arguments on copyright breaches and on-line piracy.

You see Mr Burke reckons that Australia needs stronger anti-piracy legislation in conjunction with expensive legally available products because he has reports that this kind of approach works in other countries. He also believes that a three-strikes policy will stop people from stealing. Yep, the CEO of Village Roadshow still refers to copyright infringement as THEFT. If copyright infringement is theft, then prosecute the thieves under theft laws.

Why go after them under Copyright laws?

Mr Burke points to the music business to debunk the theory that online piracy is primarily an availability and pricing problem.

Yes, Spotify and streaming services are all over the world and music piracy still exists. There is no doubt about that.

That is because people still want to download music for free, so where is the legal service that allows users to download mp3’s for free. Of course there isn’t a proper licensed one, so people turn to illegal downloading.

A free ad-supported service that allows users to download or trade in mp3’s will bring billions of dollars into the recording industry. Hell, the recording industry and the movie industry claim that pirated sites make millions upon millions from advertisements. So why don’t they along with iTunes, Spotify or a new player like Arena offer the same service.

Instead, we get Governments introducing new policies to “CRACKDOWN” on Copyright Infringement. And of course, these laws are all being collaborated in secret between certain interest groups.

As misleading as Graham Burke is, he has found an ally in Attorney-General George Brandis who benefited greatly from Village Roadshow in campaign contributions. In Australia, we pay the second highest honesty tax.

Yep, the powerful Retail Lobby groups pushed for a tax around $290 per household to offset the $AU1.86 billion in losses they incur from customer “deviant behaviour”. Let’s look at the deviant behaviour of Australians;

– Creating a fake US iTunes account to access and pay for content not available in Australia

– Using an IP Address to access content at a fairer price due to GeoBlocking.

– Illegally downloading TV shows, music and books from the internet for free, for personal consumption.

– Online shopping from other parts of the world because it is cheaper.

But the above behaviours are deemed “acceptable” by the people because hey, every news outlet reports that Australia has the highest rate of piracy. However, large organisations with a lot of cash, disagree with this. Instead of focusing on their models they focus on legislation. They need a tailored approach to their problem. If you have movie piracy, then it is your fault. If you have music piracy, then it is your fault.

Make your movie available as soon as it hits the cinema’s to download. Hell, most houses now have a home cinema.

But as long as people like Graham Burke exist and there are many of them, the industries will moan and complain. Once he finished with Google, he moved on to iiNet and accused them of “scaremongering”.

iiNet says that a graduated response is the wrong path to take in the piracy debate.

Village Roadshow wants to be judge, jury and executioner. There is no due process here whatsoever.

As we have seen with all of the takedown requests sent to Google, the Rights Holders are the main entities that are censoring the internet.

George Brandis has also labelled Australia the worst offender in the world when it comes to piracy.

So what we have here is a company called Foxtel (owned by News Corp) who has Game of Thrones locked up behind a paywall, claiming that over 500,000 Australians “legally watched each episode of the fourth and most recent season of Game of Thrones, but as many watched it illegally through online file-sharing.”

Then you have Choice, a consumer rights group that puts the blame at Foxtel’s ‘‘outdated business model’’ for the spike in GoT piracy.

So who is to blame.

500,000 illegally downloaded each episode according to Foxtel.

So why don’t Foxtel monetise those people by offering a service that benefits all. $10 to watch 10 episodes of Game Of Thrones, whenever you want. That is a cool $5 million.

Because in the end, all of these organisations in the middle, make their money from two groups.

CUSTOMERS and CREATORS.

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Music, My Stories

Haunted By Its Melody, Music It Will Set You Free

Metal music has its fair share of musicians that are worth talking about. Put it down to the place that metal music holds in society. From Lars Ulrich turning his back on his fans and going into bed with the record labels, to Dave Mustaine’s views on everything American, to Robb Flynn’s blog posts and the hundreds of comments he gets to them.

That is why I love Robb Flynn. He’s real. He’s honest. He’d say shit and people will either go “WTF” or “Yeah, man he’s spot on.” Whether it was saying “that selling CD’s is non-existent” to “feeling depressed in Beneath The Silt post” to “asking fans if they have sex to any Machine Head song or any other metal band for that matter” to his most recent post on “the music business and how much has changed since the Seventies (basically the danger has been taken out and it is all safe”.

Love him or hate him, Robb Flynn has an edge over other musicians and he is using that edge to get people talking about music again. Obviously Robb Flynn is known to people in the niche that Machine Head plays in and when I mention his name to other people that like classic rock bands for example, they look back at me with blank stares.

His latest blog post is all about how music and the artists drove culture. It was about a time when artists had the control to do what they want, how they want and when they want.

Now..?

What do we have?

We have the people that sell it, complaining that their profits are sinking, while at the same time they feed the coffers of the RIAA to get favourable legislation passed to protect their business models. Then you get all these reports about how much money streaming is bringing in to the labels and artist screaming up and down that they don’t get a decent portion of it.

What about the construction company that had to call it a day, because the builders they contracted work to, went under. By going under, those builders failed to pay the construction company the work they did and by default, they also went under.

But, hey, that’s okay and no protectionist laws are needed because that is the nature of the building game. However the record labels lose money because they failed to innovate and they scream up and down for new laws. The stain that SOPA/PIPA left on the MPAA and the RIAA will never go away. People will remember it.

Music doesn’t need new laws. It needs a new breed of executives. You see, Music is in a transition. A transition from the old to the new. The people currently in charge still don’t get it. The new breed is slowly rising and in time it will filter into the corridors of power. Those kids that pirated their whole music collection, will be in charge of Copyright Law in the not too distant future. Those same kids will be in charge of the music labels. They will have their coding mates in jobs next to them, innovating away.

So what about the old breed?

Metallica previewed a new demo of a song called “The Lords of Summer” and everyone said “What the hell is that?”. You see Metallica just don’t get it. People go to their shows to hear the classics. No one wants new music from them. If they did, the fans would have voted for the new songs at the recent Bogota show.

Look at the set list (I added the year of the album the song was featured on in brackets);

Blackened (1988)
Master of Puppets (1986)
Welcome Home (Sanitarium) (1986)
Fuel (1997)
The Unforgiven (1991)
Lords of Summer (New song / World premiere)
…And Justice for All (1988)
Sad But True (1991)
Fade to Black (1984)
Orion (1986)
One (1988)
For Whom the Bell Tolls (1984)
Battery (1986)
Nothing Else Matters (1991)
Enter Sandman (1991)

Encore:
Creeping Death (1984)
Ride the Lightning (1984)
Seek & Destroy (1983)

See any songs from the last two Metallica albums in the list. Hell, there is only 1 song since 1991. Enough said. They’re an oldies act. The fans had a chance to vote for the set list and they voted for the classics. No one wanted to hear the newer stuff and that includes “The Lords of Summer”.

The only band who are aware of that are Twisted Sister. Apart from the song “30” and the obligatory, Christmas album, they have refused to make new music for decades, because no one wants it. And they know it. Dee Snider has said it, Jay Jay French has said it and Mark Mendoza has said it.

The thing is when bands go in to write new albums, they need to realise that we don’t want the generic song that they think will sell millions. We want the song that the creator needs to write, because if they don’t write it, the apocalypse will come into their world.

This is contrary to Rick Rubin’s methods were he more or less gets bands to rewrite their earlier stuff.

Our lives today are surrounded by great TV shows and technology like Game Of Thrones, The Walking Dead, Grimm, Revolution, Arrow, iPhones, iPads, Tablets, Spotify, YouTube, Facebook, Intenet and so on. Music needs to compete on this playing field. It needs to be just as good and it needs to innovate.

Volbeat is a good example of innovation. Their sound is unique. Look at all the elements in their songs. There is no one else quite like em in 2014. Sort of like the Twisted Sister song, “What You Dont Know (Can Sure Hurt You). They fuse a lot of styles into their songs, however they still stay loyal to the hard rock/metal sound.

Don’t write a song with the Top 10 in mind.

Write a song because your life depends on it. Write a song because if you don’t get those melodies and chords out, you will cease to exist.

That is the true essence of music to me. That raw, primal, spontaneous explosion.

As Robb Flynn once said;

So pray to music build a shrine
Worship in these desperate times
Fill your heart with every note
Cherish it and cast afloat

Cause God is in these clef and tones
Salvation is found alone
Haunted by its melody
Music it will set you free

Let it set you free

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

Copyright Innovation V7.0 – More Legal Crap and No Innovation

You know Copyright is all wrong, when you have a composer of several Motown hits combines copyright law with divorce law. Seriously, how much more distorted can copyright get.

Smokey Robinson is seeking a declatory judgement against his ex-wife. You see, Robinson is reclaiming the rights to his pre-1978 songs from Jobete Music Co. Robinson’s main problem is that his ex-wife (since 1985) believes she should be entitled to 50% of whatever income these songs generate and she has filed suit to ensure that happens.

It looks like to me that everyone tries to twist copyright law to suit themselves. It’s that whole ENTITLEMENT argument.

The labels claim that all pre-1978 songs are “works of hire”.

Smokey Robinson claims that his ex-wife isn’t entitled to his profits but his heirs are.

A judge ordered YouTube to take down a movie based on a copyright claim of the actor.

Rightscorp (a copyright troll) is ordering ISP’s to pass on fines to it’s customers like the “Thought Police” from 1984.

Or maybe your a Dutch collection society who just won a court decision to have a “pirate tax” on every storage device, because, hey, every storage device, smartphone, tablet and PC MUST be used to store media files. Talk about entitlement. And they had to balls to say that it is all in the name of “protecting artists.”

Like the three strikes policy that the lobby groups keep pushing. All in the name of “protecting artists”. Did you know that in Ireland, it has been in place for 4 years with one ISP and no pirates have been disconnected. In New Zealand the ISP’s are still arguing with the Entertainment industries over who should foot the bill. Since the Entertainment industry doesn’t want to foot the bill, nothing much is really happening.

It’s pretty obvious that these legislated policies do not work however they still come up in the public conversation. Australia is another country talking about a three strikes scheme.

And all of them are to “protect the artist”. However the artist doesn’t see an increase in their bank balance.

So there you have it, another solid week of copyright innovation from the entertainment industries.

https://www.techdirt.com/articles/20140308/08430726495/smokey-robinson-sues-ex-wife-to-prevent-her-claiming-50-his-recaptured-motown-hits.shtml

https://www.techdirt.com/articles/20140307/07424226477/dutch-supreme-court-agrees-to-let-rights-group-collect-back-you-must-be-pirate-taxes-mp3-players-hard-drives.shtml#comments

http://torrentfreak.com/three-strikes-isp-no-pirates-disconnected-in-four-years-140313/

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

Top 10

My 8 year old and my 7 year old love Twisted Sister. It’s the video clips that hooked them, so they started to dig deep into my LP and CD collection. Actually, the first LP they ever saw, was Twisted Sister’s “You Can’t Stop Rock N Roll.” So here it is, the Top 10 list of Twisted Sister songs, by an 8 year old and a 7 year old.

1. We’re Not Gonna Take It

When Quiet Riot topped the charts with “Metal Health” and it became the first heavy metal album to do so, it was a game changer for metal in general. For better or for worse a lot of bands got picked up by major labels in the U.S.

Twisted Sister on the other hand were still struggling to get ahead without any real support from their Atlantic U.S.

Not to be deterred Twisted Sister took this new fan interest in metal to a new level. “We’re Not Gonna Take It” is all pop and a little glam infused with a lot of rock. It’s tongue in cheek video ensured that MTV played it non stop.

Dee Snider finally fine tuned that Chorus melody he had written back in 1979.

2. I Wanna Rock

Who would have thought that in 1987 when “Love Is for Suckers,” came out that it would be a long time before Dee Snider rocked out again.

Desperado proved unsuccessful due to record label politics taking up Dee’s time between 1988 and 1989. Widowmaker came out in the midst of the Seattle Revolution and an excellent band was ignored.

3. Shoot Em Down

This can be the new anthem for the fight against censorship by the Copyright Monopolies and the Corporations that issue DMCA takedowns.

In 1985, Dee Snider along with Frank Zappa and Bob Denver appeared before a Senate committee to testify against the Parents Music Resource Center’s demands for music censorship legislation.

All of this is happening while Twisted Sister was burning to the ground with low ticket sales and crowd animosity.

In 2013, this fight is still going on. This time it is the RIAA, the MPAA and the Copyright monopolies that are trying to silence free speech with bogus takedowns.

Shoot em down I say.

4. You Can’t Stop Rock N Roll

“You Can’t Stop Rock ‘n’ Roll” laid the groundwork for the things to come. With the release of “Under The Blade” before it, the band was getting some serious respect with the metal crowd.

During the “You Can’t Stop Rock N Roll” tour in Europe, especially England, Twisted Sister was the hottest “new” group.

They where selling out 3500 seaters all over the country, they had two hit singles, been on national TV in England and had been in all the papers.

Twisted Sister tour these days and they are more popular than they have ever been. It’s true, “You Can’t Stop Rock N Roll”.

5. SMF

This is the ode to the original tri-state headbangers who would talk at length about the shows that Twisted Sister played in New Jersey, Long Island and Westchester before Twisted Sister became a huge act nationally via MTV. This is their song.

When the band broke through and toured extensively behind “Stay Hungry” the band and Dee Snider especially became overexposed. After being the underdog that gave a voice to every angry teenager in America, Twisted Sister would end up losing the respect of their loyal and possessive core metal fan base.

In other words the SMF’s abandoned them only to return in greater numbers years later.

6. The Kids Are Back

While the record industry proclaims that the industry is dead without any evidence, the kids are all plugging away and creating.

Maybe we will never see another superstar act like the Eighties however we are living in a golden time for creators.

7. Burn In Hell

From reading all the press, it always came across that ”Twisted Sister” was in control of their lives and future. I saw them as a new generation of rock bands due to their hard work ethic to make it.

8. Come Out And Play

When I hear this song, I immediately think of the bands history playing the bar scene, especially when Dee screams out “Join our cavalcade / Enter the world we made.” That cavalcade started when Dee Snider joined in early 1976. That cavalcade kept on growing along with a growing collection of record company rejection letters.

The critics called “Come Out and Play” an uneven album. The weakest tracks on the album like “Leader Of The Pack” and “Be Cruel To Your Skuel” got released as singles. The singles that should have been released are the title track, followed by “The Fire Still Burn” and then “I Believe In Rock N Roll.” Imagine the film clip of “Come Out And Play” if Twisted Sister paid homage to “The Warriors” movie.

In the end “Come Out And Play” didn’t fit the “Michael Jackson business model” of the labels. Twisted Sister went from being hot to being the whipping boys again.

9. The Price

People have a lot of trouble dealing with failure. Twisted Sister had been through so much rejection it made them even more determined to make it. Everything comes at a price.

10. Stay Hungry

It was difficult for Twisted Sister to land a record deal, and the band ended up struggling for nearly a decade before finally getting their big break in the early ’80s.

Unfortunately, when this break finally came, the band would end up being the poster child of record company overexposure.

Stay Hungry stands as a reminder. With each rejection, you need to stay hungry and find the fire again.

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