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Web-Only Album Wins Grammy

blamanj writes "Jazz artist Maria Schneider won a Grammy last night for her album 'Concert in the Garden.' What makes this unusual, according to CNET, is that she might be the first artist ever to win a Grammy for an album distributed solely on the Web. None of the sales were in record stores, and the album was financed through Artist Share."

75 of 290 comments (clear)

  1. that's nice by Frizzle+Fry · · Score: 5, Insightful

    This would be more exciting if anyone at all cared about the grammys.

    --
    I'd rather be lucky than good.
    1. Re:that's nice by eclectro · · Score: 3, Funny

      This would be more exciting if anyone at all cared about the grammys.

      Better ceremony: "The Torrents"

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    2. Re: that's nice by bechthros · · Score: 3, Interesting

      Ah, but the significance is that the Grammys are based strictly on sales. Whoever sells the most albums gets a Grammy, period. Which means that internet sales are finally getting noticed and accepted as a revenue generator.

      Which is very significant indeed.

    3. Re: that's nice by Reignking · · Score: 5, Informative

      Ah, but the significance is that the Grammys are based strictly on sales. Whoever sells the most albums gets a Grammy, period.

      Not according to their web site, where it basically states the the awards are based on a multi-tiered voting process.

      --
      One man's Funny is another man's Offtopic.
    4. Re: that's nice by CastrTroy · · Score: 3, Funny

      Yes, it would be more interesting if an internet-only album won a Juno, which is A Canadian Music award. Junos are not based on sales, as Canadian albums do not sell.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    5. Re:that's nice by msouth · · Score: 3, Funny

      um, _I_ care, and my user id is like a tenth of yours.

      --
      Liberty uber alles.
    6. Re:that's nice by Politburo · · Score: 2, Insightful

      This would be more exciting if anyone at all cared about the grammys.

      Yes, yet another example of slashdot logic: "If I don't care about it, surely no one else does!" +1, Insightful!

      Hate to break it to you, but the Grammys get a lot of viewership and attention. Now, this specific award may not have gotten a lot of attention. But the term "Grammy" carries a lot of weight in the music industry. If someone can win a Grammy using only web-based distribution, it's a big deal.

    7. Re:that's nice by tolldog · · Score: 2, Funny

      ditto.
      and ditto.

      --
      -I just work here... how am I supposed to know?
    8. Re:that's nice by Shaheen · · Score: 2, Funny

      tripple ditto.

      --
      You should never take life too seriously - You'll never get out of it alive.
  2. Music Without The Middlemen by fembots · · Score: 4, Interesting

    Does that mean that Grammy is rewarding talented artists too?

    It'll be interesting if a pop singer pulls a similar stunt for his/her next album, and we'll have a real comparison, and see how (un)important a publisher is in terms of marketing and sales.

    Is publisher still an important factor?

    1. Re:Music Without The Middlemen by AlexMax2742 · · Score: 2, Interesting
      As programs like Steam have proven, you can still pull respectable sales even without a publisher.

      And in some ways it's beneficial. I didn't have to muck around with copy protection or having the CD in the drive at all when I bought Half Life 2 off of Steam. Plus, it doesn't give Vivendi Universal a dime.

      And we all know how many /.ers would love to not give the RIAA a dime.

      --
      I'm the guy with the unpopular opinion
    2. Re:Music Without The Middlemen by bahamat · · Score: 4, Interesting
      It'll be interesting if a pop singer pulls a similar stunt for his/her next album, and we'll have a real comparison, and see how (un)important a publisher is in terms of marketing and sales.

      Unfortunately, most artists aren't able to do anything like this. Case in point Poe (or try the iTunes link) has basically been screwed left and right by Atlantic for the past 5 years. She can't perform any of her own songs until 7 years after her contract expires, and at current, if I understand correctly, she is essentially barred from creating any new music and releasing it without Atlantic's approval.

      Even Prince had to bend over and take it. His contract was so bad he wasn't even able to use his performing name until the contract expired.

      All of this of course just underscores how screwed up the RIAA is.
  3. OT:The Grammys by MasTRE · · Score: 3, Interesting

    Was anyone else sooo annoyed at how much crap they spewed about downloading music last night?

    --
    Must-not-watch TV!
    1. Re:OT:The Grammys by Hasai · · Score: 2, Funny

      No; that would have required me to watch the Grammys.

      --

      Regards;

      Hasai

    2. Re:OT:The Grammys by ScentCone · · Score: 2, Insightful

      Was anyone else sooo annoyed at how much crap they spewed about downloading music last night?

      Yeah, that was annoying. It's almost as if these people, that earn their living by being paid to entertain their audiences, are annoyed when people decide that they like their music, but not enough to pay for it. Pretty obnoxious, expecting to actually get paid for their work. Jerks! Soooo annoying.

      --
      Don't disappoint your bird dog. Go to the range.
    3. Re:OT:The Grammys by ScentCone · · Score: 2, Insightful

      Seriously, if you're not getting paid at your job, why don't you, you know, get another job?

      But if you ran a small store, and for a year you lost all of your proceeds because you kept getting ripped off... wouldn't you want to do something about it, rather than just throw your hands up? And wouldn't at least some people in the situation want to get on the news and say: "hey kids! when you rip off my store, you're stealing from actual people!"

      Professional musicians spend the best part of their lives getting to the point where they can earn a living at it. Ripping off music over the net is a recent development, and you can't blame career musicians (or aspirants) for wanting to change the course of this stuff back towards showing the artists a little respect. I'd completely agree with you if a musician wasn't making any money because no one liked their music (go get another job!), but the people in question are getting ripped off because people like them!

      --
      Don't disappoint your bird dog. Go to the range.
    4. Re:OT:The Grammys by jocknerd · · Score: 2, Insightful

      I don't think you should include Bono in your argument. He has done more to help out the poor in this world than just about anybody.

      It pisses me off to see people complain about "stars" not doing anything good for society, but when someone like Bono gets involved, he's labeled as cocky, a sellout, whatever. Walk in his shoes for a year and then talk.

    5. Re:OT:The Grammys by Anonymous Coward · · Score: 2, Insightful

      Maybe you should RTFA, given that it's all about an artist who makes a living by distributing her music online and treating her fans with respect.

      I'm happy to support artists like that. But buying a $18 CD, knowing that maybe a quarter is actually going to the artist, and the rest to a corporation that is lobbying to cripple my computer and restrict my rights to make whatever software I want...that just makes me feel dirty.

    6. Re:OT:The Grammys by homer_ca · · Score: 2, Interesting
      Not just that. Bono and The Edge from U2 have both supported fans trading their music as long as it was not for profit.

      ...U2 frontman BONO says,"THE EDGE is basically pro-NAPSTER. He feels that as long as people are using computers for music and not playing mindless games, that's good. My own feeling is that it's cool for people to share our music - as long as no one is making money from the process. We tell people who come to our concerts that they can tape the show if they wantto."
    7. Re:OT:The Grammys by Colonel+Cholling · · Score: 3, Insightful

      Pretty obnoxious, expecting to actually get paid for their work.

      Almost as obnoxious as expecting to make money on an album, instead of accepting an advance which then gets taken out of album sales and paid back to the record label, so that you never actually see any money from it even if people do buy it. Look at the figures.

      --

      I am Sartre of the Borg. Existence is futile.
    8. Re:OT:The Grammys by ScentCone · · Score: 2, Insightful

      How about you look up the word "steal" and then start to use the right terminology. Stealing involves depriving someone of property - unless you're "stealing" a base. And we're not talking baseball here.

      This is always so funny. I love the way that people who are too cheap, and too disrespectful of the very musicians they seem to like to listen to, respond to any challenge by attempting a redirect. How about this: let's forget worrying about whether it's theft (like of a baseball), or "infringment" (in the classic copyright sense of that word). You're trying to defend the practice of disregarding an artist's specific wishes. The artist agrees to play the music, and lays out the terms by which you can have your own copy of that music. In short: you can pay for it. Now, you don't want to pay for it... you want it for free, and want that person to be your personal musical entertainment slave. Who cares which law or regulation does or doesn't not exactly, specifically address it? You want people to sing, dance, make movies, write books, and otherwise create things that you like, and you want them to do it for you, for free, regardless of what they say.

      You've got two choices here: admit you're angling to avoid paying for something that was created and distributed by the artist with the expectation that you'd pay, or that you really do think you should pay for it, and are simply too lazy to do so. There's no middle ground. If you agree that an artist should be paid, then you should honor the artist's terms. If you think the artist should create for you at no charge, then you're deliberately ignoring their rights (never mind legal: just plain rational and ethical), and have no complaint when they in turn seek to impact your rights in exchange.

      --
      Don't disappoint your bird dog. Go to the range.
  4. I think the term is: by tod_miller · · Score: 5, Funny

    Wake up call....

    Dear RIAA,

    PWNED,

    Toddy boy

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
    1. Re:I think the term is: by superpulpsicle · · Score: 4, Funny

      RIAA boardroom transcript

      Exec 1: Oh my god we are toast!

      Exec 2: Why?

      Exec 1: The grammy awarded a non-CD winner last night!

      Exec 2: No problem. We'll just hire more lawyers and sue the grammys.

      Exec 1: Brilliant!

      Exec 2: We just need a lawyer with morals, only buy CDs and doesn't do P2P.

      Exec 1: Ok, we are toast.

  5. See how it works, RIAA? by Anonymous Coward · · Score: 5, Insightful

    See how it works RIAA? people release albums to be LISTENED to, not to be controlled... and when they do they SUCCEED.

    I've downloaded most of Maria's album, and am looking for the final pieces. This is how distribution can and SHOULD work

    1. Re:See how it works, RIAA? by fracai · · Score: 2, Insightful

      Distribution should work in that you successfully receive most of a product and then search for the rest of it? I prefer to get all of a product. Or do you mean that your torrent was incomplete? I doubt the RIAA, or any other artist, is all that interested in a distribution method that works how you've proposed.

      --
      -- i am jack's amusing sig file
    2. Re:See how it works, RIAA? by mmkkbb · · Score: 2, Insightful

      From TFA: This record cost $87,000 to make

      Don't be a dick. Pay for the album.

      --
      -mkb
    3. Re:See how it works, RIAA? by mmkkbb · · Score: 2

      From TFA (again):

      The "Concert in the Garden" CD was limited to 10,000 copies, with 9,000 available for pre-order to participants and 1,000 held in reserve for later auction, through ArtistShare.

      --
      -mkb
  6. What ? by JaffaKREE · · Score: 5, Funny

    This can't be right. The RIAA told me in my latest session, where I get hooked up to this machine.... with electrodes and stuff.... it shocks me :( ... that only mass-marketed artists are successes, and that the internet gives you herpes.

    1. Re:What ? by Anonymous Coward · · Score: 5, Funny
      the internet gives you herpes

      I tried to explain that to my wife. She didn't buy it.

  7. Records Cos on borrowed time by Ars-Fartsica · · Score: 4, Insightful
    More to the point, look at the manufactured crap the record companies are spitting out - Maroon 5, retreaded Green Day and a dead Ray Charles.

    Come on, when a dead guy nearly sweeps the awards (regardless of the fact that Ray was talented), truly this an industry running out of options.

    1. Re:Records Cos on borrowed time by Tenebrious1 · · Score: 4, Funny

      Come on, when a dead guy nearly sweeps the awards (regardless of the fact that Ray was talented), truly this an industry running out of options.

      But he was still alive when it was recorded, which does make a difference. Otherwise I agree with you.

      --
      -- If god wanted me to have a sig, he'd have given me a sense of humor.
    2. Re:Records Cos on borrowed time by MetaPhyzx · · Score: 2, Interesting

      Well last night was a make-up. The guy had what (Ray Charles) won three Grammys in a 50 plus year career? What better time to make up for it than this year... when it looks like his bio pic could win best Oscar. Maybe the next fella won't have to get a movie deal and expire to get respect.

      I dont mind that the major awards shows do this (You can't tell me to this day that Al Pacino "deserved" an Oscar for Scent of a Woman), it's when they choose to do it that irks. At times they choose to reward when a truly deserving or powerful film/performance is up as well. So you know what gets shafted. case in point: This year I think it will be Hotel Rwanda.

      I'm very happy for Ms Schneider's good fortune; her Grammy probably was voted for by people who actually heard her music and knew how exceptional it was..versus the at large catagories and normal areas where they play favorites...

      --
      Blacker than my baby girl's stare. Black like the veil that the muslimina wear. Black like the planet that they fear...
    3. Re:Records Cos on borrowed time by shark72 · · Score: 3, Informative

      "More to the point, look at the manufactured crap the record companies are spitting out - Maroon 5, retreaded Green Day and a dead Ray Charles."

      For what it's worth, Maroon 5 got their start posting their stuff to MP3.com. However, I agree that they're pretty mediocre.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:Records Cos on borrowed time by Quiet_Desperation · · Score: 2, Interesting
      The guy had what (Ray Charles) won three Grammys in a 50 plus year career?

      Yeah, but one has to ask, so what? I can understand people's impatience with award shows that give out sympathy awards. Same thing for awards given for political reasons, although that tends to be the movie industry. Ray Charles had a enormously successful career. Everyone knows he was an amazing talent. People living on Peruvian mountaintops know who he was. He made fifty million billion dollars. What's a Grammy on top of that? And a posthumous one at that. :-\ Even if there is an afterlife, I doubt he cares anymore.

      I dunno. I'm just rambling here. I sort of agree with Chris Rock's recent statement where he said, "Awards for art are f---ing idiotic." Maybe he was kidding and stirring up buzz for the upcoming Oscars, but I can see where a person might find them pointless. Art is so subjective, and there seems to be a lot of bandwagoning.

    5. Re:Records Cos on borrowed time by wankledot · · Score: 5, Insightful
      You jackass.

      Maroon 5: The fact that they are successful suddenly makes them crap? I forgot, selling records make you suck They put out Songs About Jane in 2002. The fact that it is a really good album is what made it succeed, not some plot by the labels to push "crap." New bands like Maroon 5 disprove your point that the industry is running out of options.

      Green Day: Retreaded? Once again, people like to slam green day as not being punk because they're popular. Nevermind that they continue to put out good songs. Ray Charles: He died less than 9 months ago. The RIAA didn't trot out a corpse to sell records, he recorded (obviously) and released the album before he died.

      Can you even fathom that these people are musicians and not just pawns of the RIAA? They work hard (none harder than Ray) and try to get as many people as they can to hear their art. And then some pissant like you dismisses them as crap because they happen to be popular.

      Your opinions on music are not the only ones that matter (shocking!) The fact you feel like Maroon 5 is crap, Green Day is re-treaded, and Ray Charles' album is a publicity stunt doesn't change the fact that they are all really good artists, and really good albums. But it's your loss for not appreciating them.

      --
      My sig is blank, I typed this by hand.
  8. The big question... by gatorflux · · Score: 5, Insightful

    How will the RIAA remove her from the public eye? Or will they just make her an offer she can't refuse and bring her to the dark side?

    As a musician, I hope her win is a precedent that will be emulated over and over.

    1. Re:The big question... by homer_ca · · Score: 5, Funny

      "How will the RIAA remove her from the public eye?"

      Two words: Kurt Cobain

      The Josie and the Pussycats movie had a spoof of this where they disappeared the goth-punk girl from the record store.

    2. Re:The big question... by Anonymous Coward · · Score: 3, Funny

      "How will the RIAA remove her from the public eye?"

      Tell /. about her.

      Connecting to www.mariaschneider.com[216.130.189.66]:80... failed: Connection refused.

  9. Nervous times for RIAA & MPAA... by TomTraynor · · Score: 3, Insightful

    When they realize that they now are losing control of their artists. I have not heard of her before, but this is nice in that web based distro of music won a Grammy and I hope that this is the first of many more for here and other artists.

    --
    Panic now, beat the rush!
    1. Re:Nervous times for RIAA & MPAA... by Golias · · Score: 4, Insightful

      Every time a post like this is made, an RIAA lawyer gets his wings.

      Look, the RIAA doesn't "control" anything. They do the bidding of the big record labels, and take all the heat from people like you so Sony Music and the other actual villains in this story don't have to.

      The last decision which the RIAA made was the standardized design of that little preamp that goes into the "phono" input of most stereos prior to 1998 or so.

      All they do now is serve as a mouthpiece (and lightning rod) for the record labels in their efforts to lock down their IP. Ranting about how eeeeevil the RIAA is simply plays right into the hands of the labels behind it all.

      --

      Information wants to be anthropomorphized.

  10. in all fairness by dknight · · Score: 2, Informative

    that Green Day CD really is very good. Admittedly, I've been a green day fan for years, but American Idiot really is a whole new thing for them. I've always really liked the fact that Green Day was willing to try really unique and unusual things.

    Yea, most of the rest of the RIAA stuff produced is crap tho.

    1. Re:in all fairness by Elminst · · Score: 3, Funny
      If you can believe MSN http://music.msn.com/grammys/bestworst, they admitted this a while ago...
      The Welcome to the Machine Award: Also to Green Day. Frontman Billie Joe Armstrong, to his credit, long ago admitted the band stopped being punk the day it signed with a major label. But releasing an actual concept album, " American Idiot," and seeing it lauded by the music establishment as best rock album, has got to be the most un-punk move in the history of punk. Then they topped it all off with Grammy acceptance speeches that were sweet, mature and genuinely appreciative. It was all so vehemently un-punk it was almost ... punk.
      --
      No unauthorized use. Trespassers will be shot. Survivors will be shot again.
  11. Does it matter? by GatesGhost · · Score: 5, Funny

    i didnt think the grammy's were about commercial exposure or success, but rather about the quality of music...(checks online) wait, maroon 5 won a grammy? well, fuck that, i was wrong.

  12. To be fair... by lpangelrob2 · · Score: 4, Informative
    To be fair, I've heard of Maria Schneider, and I in general have no ear for music (or the next best music great/talent) at all... I know she is well known in the jazz subculture... this is jazz, it thrives in the underground... and Maria Schneider was well-known long before her Grammy-winning record. Oh, and people that admire jazz tend not to care a lick for the RIAA.

    Still, a good sign.

  13. sad thing is by kasek · · Score: 5, Funny

    she will probably have to sell the award on ebay to compensate her webhost for the server that just went down in flames.

  14. Not so much the distribution... by porcupine8 · · Score: 5, Insightful
    The fact that it was solely distributed on the web really isn't the amazing part - I mean, there are iTunes exclusive tracks all the time. I'm sure it would be easy for a major artist to convince their record company to let them only distribute an album online, and it could get plenty of publicity and possibly a grammy.

    What's really interesting is that the album was made with no involvement of a record company at all.

    --
    Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
  15. Re:Don't you mean INTERNET? by settsu · · Score: 2, Insightful

    ok, Dr. Semantic

    what TYPE of "audio files"?!

    and since when was the "web" just "HTML"?!

    Booyah!

  16. Music..the other way by pronobozo · · Score: 5, Interesting

    For someone that is coming from the bottom up, i can say that time is the key. Without millions of dollars to spend on promotion, independant artists have to find a different way to communicate with the masses.

    Internet is their greatest tool, so with a bit of time and dedication you can reach millions of people from the comforts of your own home.

    I don't think it's about the music industry now, it's about the new uprising of artists taking a step on freely distributed music. The RIAA has their game, but we have ours too.

    Instead of changing them, lets just use our own method.

    that's my .02

    - pronobozo

    --
    ------
    insert sig here,here, and here
  17. Great... by game+kid · · Score: 2, Funny

    ...now we're slashdotting Grammy-winners' Web sites.

    I guess they had to *ahem*face the music soon, though.

    --
    You can hold down the "B" button for continuous firing.
  18. Well... damn by Quiet_Desperation · · Score: 2, Funny
    I'm going to start playing with Apple's Garageband and start releasing my own albums.

    It'll be the most derivative crap ever created. but, hey, lots of people have become wealthy doing *that*. :)

    Progressive jazz metal, maybe. Hmmm. Instrumentals only, because my singing kills cows at fifty paces. I'll sell *that* disc to the farming industry, although PETA might protest it as being more cruel than a pneumatic bolt to the skull.

  19. I hope the RIAA sues the Grammies by gelfling · · Score: 2, Funny

    For promoting this kind of crackhead lesbo communism. Next thing ya know people will object, object I tell you, to our crawling up their asses for the sheer fucking thrill of complaining how bad it smells. Got to nip this in the bud.

    Steps will be taken.

  20. Two words by bechthros · · Score: 3, Funny

    Milli Vanilli. No, it's an industry award, and, like most other industry awards, goes to the people who made the industry the most money.

    Oh, but it's on their official website. Well then. I'm sure they woulnd't bend the truth to not look like corporate whores.

  21. Quick review of the Grammys. by teamhasnoi · · Score: 3, Funny
    Sucked like every Industry show.

    Highlights include:

    Animating Ray Charles corpse to sell box sets and tribute albums. Look at the dead guy dance! Reminded me of last year's "Cash in on Johnny Cash".

    The most god-awful rendition of 'Across the Universe' ever. Hey, if I wanted wooden performances, I'd hang out with a drugstore Indian. And Slash, you don't need to lean that far back when you're playing a quietly phased 12 string. Save the rock pose for something that isn't being butchered right before your eyes.

    The internet-inspired 'mash-up'. You can't tell me that someone didn't get that idea from searching Livejournals, and thinking, "This is super-hot! The kids will eat this up! LOLLERS!"

    Industry fuck talking about the usual, "downloading music is illegal". Unless you don't own the rights to it. Great crowd shot during that speech. So many 'fuck you' expressions on the audience that had been screwed by industry contracts. Or boredom, apathy and 'get this over with'. I would have been yelling, "Michael Bolton called, and he wants his hair back!". Or something funny.

    The endless 'we care' about the tsunami or fill in the blank tragedy of the moment' blathering. How about you kids spend more time making a listenable record, and less time pandering to your bleeding heart market share?

    Once again, the Grammys show that the RIAA is not relevant. When are we getting rid of them again?

  22. Buy Her Music by goldspider · · Score: 4, Insightful

    How many of you are going to support her by buying her album?

    If you truly want music to be free (as in speech), put your money where your mouth is for once. The success of such artists depends on the financial backing of people who claim to support independent music.

    --
    "Ask not what your country can do for you." --John F. Kennedy
  23. Re:Just curious... by porcupine8 · · Score: 4, Informative

    The artist has no label. The album was self-financed, and she managed to recoup her expenses with web sales.

    --
    Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
  24. no, no, no... by ed.han · · Score: 5, Funny

    in AD 2005, war was beginning.

    RIAA chairman: "what happen"
    RIAA flunky: "somebody set us up the bomb!"
    RIAA flunky: "we get signal!"
    RIAA chairman: "what?"
    RIAA flunky: "main screen turn on!"
    RIAA chairman: "it's you!
    schneider: "how are you gentlemen. all your sales are belong to us. you are on the way to obsolescence."
    RIAA chairman: "what you say!"
    maria schneider: "you have no chance to survive. make your time."

    ed

  25. Slightly OT: RIAA & MPAA Law Suits by scorp1us · · Score: 2, Informative

    IANAL, but it was pretty obvious. In doing Constitutional research this past weekend, I came across the fact that US District courts (the one that RIAA sues in) are all (except one) Article 1 courts. It takes an Article 3 court to be effective throught the United States of America. What is the difference? Article 3 courts enforce the laws of the land throughout the USA. The Article 1 courts enforce laws of the Federal governement (federal territories), so therefore, they only pertain to federal lands. The one exeption that I mentioned is Hawaii who has been given an Article 3 court, though it is operated as an Article 1 court.

    Therefore, if you find yourself the victim of a MPAA or RIAA lawsuit, you just should stay out of Federal parks, buildings, Puerto Rico, Guam and American Samoa. Voluntarily appearing before the court is admission of jurisdiction. Furthermore, if you are asked to serve on a federal grand jury, in an article 1 court, make sure you are from a federal territory.

    --
    Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
    1. Re:Slightly OT: RIAA & MPAA Law Suits by scorp1us · · Score: 2, Informative

      All true. However, congress has only ever once given Article 3 power to a court, and that court is in Hawaii.

      Any federal court can indeed hear a matter of federal law, by definition, respecting the nature of the court as specified by congress [Here's your sign! :-)]

      However the limited Article 1 courts cannot hear cases out of their jurisdiction. The jurisdiction of an Article 1 court is Federal territies.

      That is to say, for my ass to be dragged into US District court, I need to commit the offense of federal law on federal land. I cannot be dragged into a federal district court for any law that is not positive law (Law of the land, law of the US of A)

      There are several titles, like Title 26 that have not been enacted into positive law. Therefore, their application is limited to federal territories.

      --
      Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
    2. Re:Slightly OT: RIAA & MPAA Law Suits by Anonymous Coward · · Score: 2, Informative

      And you would be completely and utterly WRONG.

      You can be drug into federal district court on any number of simple state offenses. Let's say you live in California, but you're visiting New Mexico on vacation. While there, you get into a car accident with a local resident. That local resident can drag you into federal court, and the federal court can accept jurisdiction over the matter based on diversity of citizenship. That is, when the parties are from different states, and the amount in controversy is above $75,000, the court can retain jurisdiction over the parties and proceed with the case.

      The offense need not be related to federal law, nor committed on federal land.

  26. Irony... by argent · · Score: 3, Interesting

    Ironically (and in restrospect obviously) the album is not available on iTMS in their "Grammy Winners" section. :)

  27. Jazz is a bad test case by ScentCone · · Score: 4, Interesting

    My first thought was: "I wonder how many people who are normally fine with pirating music because they're sticking it to a record company..." (as if the artist isn't a piece of that picture) ..."will, out of inertia, just go ahead and run off with an unpaid-for copy of this woman's work, too." And then I realized that most Jazz fans are a little more cerebral, and have a lot more respect for the artists themselves, and typically would either go see a show, or actually pay for a recording. If her work isn't immediately torrented everywhere, that won't really indicate a sea change in this picture. Stay in the musical neighborhood, but see how it goes with, say, a new Norah Jones collection. Or, just prove that all of the "I only do it because of the RIAA" types are hypocrites by seeing if, just to make the point, Metallica or The Blackeyed Peas would do it. Their work would be immediately ripped off, and we'd have some tangible hypocrisy to point to. And this endless conversation would finally come down to: "I, um, really just don't want to pay for music, actually, you got me."

    --
    Don't disappoint your bird dog. Go to the range.
  28. The "Social Revolution" Begins by Dana+P'Simer · · Score: 5, Interesting
    A few days ago I posted in response to another reader's comments about the "Social Revolution" that is occurring due to P2P software.

    This is precisely the way in which this "revolution" should happen. This artist has choosen to distribute her music only over the internet. Because of her choice many people are able to enjoy her music that might not otherwise. She also has cut out the RIAA member middlemen. We need more artists that are willing to do this.

    Her choice, though, is the key issue here. An artist that does not make a similar choice should not have thier right to make that choice usurped by a bunch of thieves with bittorrent clients.

  29. Yeah, but can she live off the net profits? by klevin · · Score: 3, Informative

    The article says she made 10,000 copies and pre-sold 9,000. The album cost her $87,000 to make. She'd need to be selling them for at least $12 a pop to be getting much of anything back. That's assuming the $87k includes her production cost for the 10,000 CDs. In a small run, the packaging costs could easily run $2-3 per CD.

    Her site has gone down in flames (no coral cache available), so I can't check how much she was charging. Granted, a jazz artist with her tallent is likely doing a fair amount of live performances, so the album's not her only source of income, but still . . .

  30. Re: 3 Rules of winning a Grammy by JJRRutgers · · Score: 3, Funny

    Come on, you didn't read the three rules of winning a Grammy!

    1. If a Grammy can be awarded post-humously, it will. No disrespect to Ray Charles at all, he is one of my favorites, but did his duet album deserve to win EIGHT Grammies? He won for pretty much every award he was up for. The same thing happened in the past with Johnny Cash, Roy Orbison, and George Harrison. There are much better records by Ray Charles out there that should have deserved more when they came out, but to get all these awards post-humously is pandering to right past wrongs concerning his legacy.

    2. Perform at the Grammys, win a Grammy. Come on, how many times have you seen someone win a Grammy RIGHT AFTER THEY PERFORMED? Constantly walking right from backstage to accept the award. What proved this to me was when Gloria Estefan performed an obscure Spanish-language song on the show, then they awarded the Grammy for that same category. In any other circumstance, the award would be given out before the broadcast. You almost wonder if some of the winners know beforehand if they are going to win as incentive to perform on the show: "I'll only show up and perform if I won an award!"

    3. The palatable artist usually wins. This year: Maroon 5 for Best New Artist. Which might actually be a good thing considering Best New Artist can be the kiss of death. (Arrested Development and Milli Vanilli anyone?). What triggered this theory? Well, Norah Jones last year. Santana the year before that. But two words come to mind. Jethro. Tull.

    Let's face it, the Grammys are all about politics, not quality of product. As pretty much all awards shows are. But the important thing here is that you don't have to pay attention to them. You are your own person, you listen to what you choose to listen to, and no one can tell you otherwise.

  31. I remember her from an NPR piece by broohaha · · Score: 4, Informative

    She was mentioned in a 3-part piece on NPR's Morning Edition titled "Paying for Music in the Internet Age".

    She's interviewed in part 1 of the series which was aired on the 15th of September [clip length: 5' 42"]. Odd, though, that clip one is the middle link among the three.

  32. RIAA Press Release by Anonymous Coward · · Score: 3, Funny

    For immediate release:

    The RIAA has today shown further proof that non-conventional Internet Music systems are flawed, and costing the artists money. The recent Grammy success of a relatively unknown artist, Maria Schneider, through an unconventional medium is hurting artists. Sure, her method of direct sales, thereby lowering the overhead of record stores, executives and others in the chain seems innocuous enough.

    But it's not.

    You see, since her record was not released through the RIAA, we missed out on that chunk of profit. That's money straight from our profit coffers, err, I mean our lower employee payrolls. Now, since she cut our profit on her work off, we have to compensate to meet our annual profit-for-executives margins. So, we had to cut into other artists's payments. Now, Maroon5, Britney Spears, and Metallica will NOT be able to upgrade the toilets in their pet's private jets to a gold plating, versus their current silver plated models.

    In addition, the RIAA said that without direct control over what the content of the music was, they couldn't tell people what they wanted to hear. One executive was flabbergasted "How the hell are we going to tell the radio stations we want people to listen to this if we don't control it. It's outrageous! I know people aren't smart enough to think about what they want to hear, so how are we going to tell them about this music. It's just a stupid career-limiting move."

    Britney was quoted as saying "All those people buying those records they want are hurting my dog. I hope they can sleep at night, knowing my Poopsie will have to deal with the pain of only a silver toilet seat. They all should die in a tire fire."

    They also reported that in addition to not distributing through the RIAA or a major label, she was able to control the content. The RIAA has said that they are considering lobbying Congress to get this "potential for free-radical thought" listed as a terroristic activity. No response yet from Capitol Hill or the White House on these allgations yet.

  33. Maria Schneider is a jazz goddess! by hot_wasabi · · Score: 4, Informative

    I'm a jazz sax player, and have been a big fan of Maria Schneider for several years. She has been creating some of the most sophisticated and musically interesting big band music around since her first album in 1995 (Evanescence, which was also nominated for two Grammys). She has 3 or 4 other albums, and most have received Grammy nominations. She has been regularly winning Down Beat reader & critics polls since 1994. Schneider is the heir apparent to her mentor, the late Gil Evans, who's music includes the famous Miles Davis collaborations Birth of the Cool, Porgy & Bess and Sketches of Spain. Her music is very accessible, though she's explores complex meters, harmonies, textures, and timbres. Her pieces tell a story, and often make reference to visual images. I bought her latest album over the web a few months ago. It was something like $9.99 for 128kbps, $14.99 for 320kbps. It's an excellent album, but I still think that Evanesence is her best effort so far. By all means check out her band live if you ever have the opportunity. She always has some of the best jazz musicians in NYC in her group. Evanescence (amazon.com) Concert in the Garden review (allaboutjazz.com) And, she's a babe! -Hot Wasabi over & out

    --
    -- Hot Wasabi over & out --
  34. Re:Not just the RIAA by cronius · · Score: 3, Interesting

    This is the point that RMS is trying to make about copyright. He says sharing music should be legal.

    The reason for this is exactly what we're seeing here: the artist are being screwed over by the record companies. If you're a "to be" artist, you need someone to record your songs, distribute them and give you PR. Either you sign the standard (awfull) contract, or you get nothing. Of course they sign it, they want to be artists, right?

    If music distribution on the net was legal, artists wouldn't be so much under the mercy of the record companies (which you can see they are taking advantage of). They would get their PR through filesharing, more people would go to their concerts (if they're any good), and they would make more money (income from concerts are mostly theirs to keep). Instead, they're getting fucked over by the record companies, and the only option is not to be an artist at all.

    The exception for this are the artists that have sold their 7 records or so, because then the contract expires. Then they are in the situation to renegotiate, and they can actually get a contract that's good for them, so that they earn money.

    So big stars earn big bucks, and they will loose money if music sharing is legal, but small artists will definitly win.

    Those are basicly the words of RMS, and when I hear examples like this they make sense.

    --
    Life is Reality
  35. Patent pending business model by yelvington · · Score: 4, Informative
    ArtistShare has a patent application that would cover its business model:


    The present invention is directed to a system and method for raising financing and/or revenue by artist for a project, where the project may be a creative work of the artist. The method including registering, by at least one artist, with a centralized database, at least one or more projects, offering, by the at least one artist, an entitlement related to the artist in exchange for capital for the project of the artist. The method and system may also include searching, by an interested party, the centralized database, for the least one artist, registering, by the interested party, with the centralized database and accepting the offer by the interested party for the entitlement related to the project. The capital may then be forwarded to the artist and the entitlement provided to the interested party.
  36. Re:Not just the RIAA by bahamat · · Score: 2, Interesting
    Sounds like a good example of how screwed up poe is (or was) as well. Why the fuck anyone would sing a contract like that is beyond me, but it's not like a record exec put a pen in her hand and Luger in her mouth.


    She's not, and wasn't screwed up, just screwed over. Young musically (or otherwise artistically) inclined people are not lawyers. When the record company comes by with the tantalizing offer of becoming a millionaire most of them don't know enough about business or the world in general to negotiate a contract properly. "Sign this and you'll be rich and famous, the details are just formality, no need to read them".

    Think about it. Most "hits" are from artists that are in their early 20's. When have you ever known someone that young to make a fully rational decision? Record companies know the position they are in, and they know full well that they are taking advantage of someone who can't fight back.

    Even industry giants have little choice but to shut up and take it. Prince went for many years with no name and referred to only as the artist formerly known as Prince. That happened because he got screwed by his publisher and wasn't even allowed to use his name because even it was under contract. I could go on and on about artists that get screwed. The list is as long as the number of musicians signed by record companies.

    The record companies have a stranglehold on the music industry and only a few people are able to get out from under it. The moral of the story here guys is SUPPORT THE ARTISTS, ESPECIALLY INDEPENDANTS. The only way people like Prince, Maria Schneider, or Poe will be able to get out from under the control of record companies is fan support and lots of it.
  37. Ms. Schneider's site by Almost-Retired · · Score: 2, Informative

    I just came back form about a half hours wading around in a site that apparently is off on a 56k dialup someplace.

    To become eligible to buy the album, something I'd do out of curiosity and because I think the ARTIST should be supported by a method that purports to funnel the monies to the artist as opposed to funneling it thru the accounting dept of some faceless record company where any number of charges are made against the net sales of an album, whatever it takes to make sure they don't have to cut the artists a royalty check being the order of the day.

    To continue with the first sentence above, one must open an account, complete with usernames and passwords. Somehow, it didn't like something and looped around to have me fix it, but when I fixed it, then it just loops forever asking me to login, something about an expired security certificate was being reported by my browser. And I was unable to get past that, so I never got a chance to drop my card and actually make the purchase.

    FWIW, its $16.95 USD & probably a hefty shipping fee if that site is like most.

    But I'm a little put off, not getting the chance to support what, from the sounds of things, must be a worthy artist to support, by buying her output.

    If you are copying the mail here Ms. Schneider, grab a ball bat and go see your web designer, and don't leave until it works as intended. We really should be able to purchase it without all this 'membership' crap as long as our card has a sufficient line of credit to support the purchase. And I believe $30K+ should be enough to buy your cd unless you'd like to have a really really exclusive club that doesn't mind playing the starving artist scene for real.

    --
    Cheers, Gene

  38. Re:MOD PARENT DOWN, TAX PROTESTING TROLL by scorp1us · · Score: 2, Insightful

    1) Consitutional scholars KNOW this to be true
    2) Years of court rulings tell this to be true
    3) Common sense has been perverted by the IRS. Why do you think they only send subsection (b) and not subsection (a) on the Notice of Levy form? Because subsection a says that ONLY Government employees may be levied. So most HR departments (completly ignorant of the law) comply.

    Why do you seek to mod me down? Ibrought up a legitimate wuestion of Jusrisduction. Now you find that I'm a "tax protester" and seek to silence me. Are you the IRS?

    There are two kids of taxpayers in this world. Those that don't want to be a tax payer, and those who are mad at the tax payer for not paying their fair share.

    Did you know that before the income tax, the federal budget had an "embarassing surplus" where did it come from if we had no income tax?

    Did you know that 85% of the federal budget is spent on socialst (welfare) programs? Only 15% of what is spent today is needed to run the country.

    You can thank FDR for all that.

    Get a clue.

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  39. Obligatory Jazz Reference by ReadParse · · Score: 2, Funny

    All your bass are belong to us

    RP

  40. Re:MOD PARENT DOWN, TAX PROTESTING TROLL by scorp1us · · Score: 2, Interesting

    I really don't have to protest taxes. The statues are written 100% within the bounds of the constitution. The problem arises that the IRS is making people believe that the statutes are written one way, when they are actually written as another. I really don't need any court case to read the statues in my favor.

    If you're not beliveing me, then I suggest that you start reading, starting from the constitution and then jump to title 26. Make sure you read it in its entirety, particularly section 3401. There are numerous "terms of art" like "employee, employer, "trade or business", "wages" in which the statues use a common word then define it specifically. The IRS capitalizes on this.

    You will find that you actually have to construe words to be broader than they are defined in order for you to be liable for paying any tax.

    I really challenge you to read with an open mind, the constitution and title 26. I am not wrong on this. You obviously have not read the statues or you'd be in agreement. It's ok though. No one read the statues, something that the IRS is counting on. Why do you think they got a "kinder gentler IRS"? If you piss off enough people, they look for new ways out. Voluntary compliance (Their term, not mine) was falling fast.

    It is upsetting how many freedoms that people will give up for a promise of no worries.

    "If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom...Crouch down and lick the hands which feed you...and may posterity forget that ye were our countrymen."
    - Samuel Adams, Philadelphia State House, August 1776

    We contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle.
    -Winston Churchill

    The power to tax is the power to destroy.
    -John Marshall Order

    A democracy cannot exist as a permanent form of government. It can only exist until a majority of voters discover that they can vote themselves largesse out of the public treasury.
    --Alexander Tyler

    A liberal is someone who feels a great debt to his fellow man, which debt he proposes to pay off with your money.
    -G. Gordon Liddy

    To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical.
    -Thomas Jefferson

    A wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.
    -Thomas Jefferson

    I believe that every individual is naturally entitled to do as he pleases with himself and the fruits of his labor, so far as it in no way interferes with any other men's rights.
    -Abraham Lincoln

    The evils of tyranny are rarely seen but by him who resists it.
    -John Hay (1872)

    Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber barons cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience.
    -C. S. Lewis

    The moment the idea is admitted into society that property is not as sacred as the laws of God, and there is not a force of law and public justice to protect it, anarchy and tyranny commence.
    -John Adams

    Do any of these stir anything inside of you?

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  41. Re:MOD PARENT DOWN, TAX PROTESTING TROLL by scorp1us · · Score: 2, Insightful

    Why should congress stop the IRS? The IRS is very effective at getting them money. I mean, of they money they are supposed to get, they get easily 1000 times more. The government does not want to stop people from making donations to the federal governement.

    All of our founding fathers knew that slavery was wrong. But they also knew it could not change overnight without throwing the nation into great chaos. So what sis they do? They made every man whose life was worthless worth well over half of a life. This was a *huge* issue. But 3/5ths established slaves as having some value, where they had never been worth anything before. 3/5th is not insignificant. It was greater than zero, it was greater than 1/2 and it actually laid the foundation to increment up to 4/5 then finally to 5/5ths. The incrementing was cut short by the civil war and the industrial revolution. That is why Lincoln freed the slaves in their entirety. So they would bolt to the cities and fuel the industrial revolution. It is sort of the chicken and the egg problem - you need people to work on the machines to have the machines to do manual labor and reduce the need for slave labor. Lincoln gave it a kick-start.

    I think it is short sighted of you that you accuse the brightest minds our government ever had of being hypocrites because they were constrained by a situation that they did not work to create. When all they did was al they could - setting the wheels in motion.

    Furthermore, to grant millions of uneducated people, the majority of which could not read or write, much less speak english would have given rise to mass chaos in such a fragile time in our nacent country's history. Even of educated people that were availible were not as greatly schooled in the art of running a country.

    And in fact we have evidence that Jefferson was a nice slave owner who loved his slaves.

    A similar situation would be Social Security today. We know collapse eminent (only "when" is the question) yet we must fund those who have put an are anre relying on it now or will be shortly. We know the situation is wrong, and for a good number of us, we know we will see no benefits. It is wrong for the government to require us to contribute to a system in which we will never see a dime.

    Do not belive those who use the term "Social Security Trust" because there is no trust. Had you read the statutes, you'd know that FICA is deposited into the rest of the treasury, along with all the other income tax. So how does it come out? Congress, every year, must appropriate and approve the SS benefits budget. If that fails, there is no social security benefits that year. Plain and simple. The SSA is only there to track how much money you put in and make sure you only get the benefits that they want yu to get.

    If I had all the money that I put in to FICA, I'd be retiring 10 years before age 67 (which is how long I must be currently to take out, but that number can change at any time, along with the benefits that are given)

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