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BBC In Trouble Over Free Music

Take a Byte Out of Crime writes "According to this article, British classical labels are claiming that the BBC giving away the these symphonies, which were performed by the BBC Orchestra for free, constitutes unfair government competition. Apparently all free music really is illegal these days, or soon will be, public domain be damned."

122 of 651 comments (clear)

  1. Lets ask Beethoven by Anonymous Coward · · Score: 5, Funny

    Time to get the Ouija board out and see what Beethoven has to say about all of this. He says...

    "First post!"

    Hmmmm...

    1. Re:Lets ask Beethoven by XanC · · Score: 5, Interesting

      "There ought to be but one large art warehouse in the world, to which the artist could carry his art-works, and from which he could carry away whatever he needed. As it is, one must be half a tradesman." -- Ludwig van Beethoven, January, 1801

    2. Re:Lets ask Beethoven by ColdGrits · · Score: 4, Informative
      The BBC is run by the british government


      No it isn't. As you would realise had you read the link you provided.

      The BBC is independent of the government (sometimes to the government's annoyance). It is (partially) funded by the License Fee which is collected by government and passed on, but it is most definitely NOT run by the government.

      --
      People should not be afraid of their governments - Governments should be afraid of their people.
    3. Re:Lets ask Beethoven by sg_oneill · · Score: 4, Insightful

      Then he said "SYKE! I never got paid royalties. Like most composers, the government (the king) paid me to do what I do, and my music was performed for the paeons to keep them happy. My music was passed around for free for generations after that through the earliest form of open source P2P , music lessons and badly copied versions of sheet music"

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    4. Re:Lets ask Beethoven by Lars+T. · · Score: 4, Informative

      Yeah, byteme@riaa.com is his actual e-mail address.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    5. Re:Lets ask Beethoven by sconeu · · Score: 2, Insightful

      Can I then be sued by Toyota because I chose to buy a Ford car instead?

      Quite possibly, since a bus company is suing people who carpool.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    6. Re:Lets ask Beethoven by DaveHowe · · Score: 2, Informative

      They don't get *any* government money. the BBC in the uk are funded by licencing fees from tv viewers. The only real difference between the BBC and a typical pay-to-view cable company in the US is that in the UK, the licence isn't optional - if you own a TV set, you must pay for the licence every year. The BBC have a monopoly on the right to receive TV broadcasts.

      --
      -=DaveHowe=-
    7. Re:Lets ask Beethoven by cHiphead · · Score: 2, Insightful

      To the arrogant assholes who spend time bashing freeloaders and determines everyone commenting is not an artist: God forbid an artist has to have a JOB to live on. And you simply HAVE to be a tradesman to live, whether you are living AND being creative, or not. Btw, Beethoven was a whacked out nutjob that happened to be very skilled in music, much like a large number of the successful music artists of today.

      Maybe you're lost in the bullshit of an art marketplace, but don't assume the rest of us are. It takes a lot of hard work and insane self sacrifice to become a remotely successful artist (with a grain of salt set aside for the unusually lucky people) and even then it can all crumble in the end. Look at Big Sky Band from Gainesville, FL, those hardworking crazy fools, they spent years and years touring and doing live gigs trying to make it big, even came close a few times, even got signed, even had their song in rotation in certain cities, but in the end, they had to move on in life, despite pouring the blood and tears into it and giving it their all. Now they give away all their live shows for free. It takes insane luck to actually make a good living being an artist, and without a 'tradesman' ability, you don't exist beyond small gigs.

      Cheers.

      --

      This is my sig. There are many like it, but this one is mine.
  2. Proving once again by Anonymous Coward · · Score: 5, Insightful

    That no good deed goes unpunished.

  3. The next logical step by aussersterne · · Score: 4, Interesting

    is that corporations will sue private citizens giving things away for free, claiming "unfair competition by [those people who damn well should be] the buying public."

    Corporations = have rights.

    Anyone/thing else = "with the terrorists."

    --
    STOP . AMERICA . NOW
    1. Re:The next logical step by einhverfr · · Score: 5, Informative

      is that corporations will sue private citizens giving things away for free, claiming "unfair competition by [those people who damn well should be] the buying public."

      Funny you should mention that.

      Check This story from the Guardian out

      --

      LedgerSMB: Open source Accounting/ERP
    2. Re:The next logical step by aussersterne · · Score: 5, Insightful

      Governments are put in place to do the things that private citizens and corporations can't do on their own: enforce order, build roads, provide for the common defense, etc.

      Says who? You deftly slide this by as though it's a statement of fact. How about:

      Governments are put in place to do things that private citizens or corproations won't do, but that most private citizens wish somebody would do.

      or:

      Governments are put in place to make golf courses.

      Just what "governments are put in place to do" is a central debate of modernity that has shaped much of the history of the twentieth century. It is what this entire story is about, and why it is so controversial.

      I'd be just as happy with:

      Governments are put in place to do whatever it is they do and to encourage and facilitate the near-free distribution of valuable works by long-dead people that can benefit the public at large.

      --
      STOP . AMERICA . NOW
    3. Re:The next logical step by Anonymous Coward · · Score: 5, Interesting
      Won't wash. I pay the BBC about $100 a year; if I forget, they come and detect my TV and take me to court. So, it's not like the Government is paying these musicians.

      I think it is brilliant that the BBC are using my money to hire musicians, play Beethoven, and give the result to the whole world for free.

    4. Re:The next logical step by aussersterne · · Score: 2, Interesting

      Thanks for that. I suppose it had to be.

      There's certainly a sickening kind of ecstasy in realizing that logical extremes have become the unquestioned norm.

      --
      STOP . AMERICA . NOW
    5. Re:The next logical step by whoever57 · · Score: 4, Insightful
      There's a big difference between the government giving something away, and a private citizen. The private citizen is spending his own money; the government is spending taxpayer dollars.
      But in this case, the BBC is not really "giving something away" -- since the BBC will still have the recordings and will still be able to broadcast them. It's more like a government entity sharing its ownership with people, in a manner that causes no loss to the government (except a very minor bandwidth cost).
      --
      The real "Libtards" are the Libertarians!
    6. Re:The next logical step by MightyMartian · · Score: 5, Insightful
      Most of those classical composers that the BBC is giving performances of away were themselves funded by various princes, kings and emperors. The value that Mozart, Beethoven or Bach produced, and continue to produce through performances is such that I can only nasty thoughts of those who think that the free distribution of this grandest of Western music is wrong, or that taxpayers of the present, like those of the past, should have to bear the the thought of actually putting a little culture into a world dominated by monosyllabic athletes and "singers" whose performances are possible only by sound engineers and computers.

      My goodness, but what a small, greedy, mean-spirited world we've become if the BBC is attacked for giving to the public its performances of the great musical masters. Perhaps we should weed through university computers to make sure that there are no copies of Shakespeare or Chaucer (ala Project Gutenberg), because heaven forbid that a government-funded institution should ever compete with a bookseller.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    7. Re:The next logical step by geschild · · Score: 3, Informative

      And perhaps this comment on the lawsuit on Groklaw.

      --
      Karma? What's that again?
  4. Fuck the record execs. by James+A.+D.+Joyce · · Score: 3, Insightful

    From the article: "There is the obvious issue that it is devaluing the perceived value of music. You are also leading the public to think that it is fine to download and own these files for nothing."

    Gee, maybe I'm wrong, but aren't Beethoven's symphonies public domain? How dare the BBC introduce a great composer's copyright-free works to a larger audience! They're devaluing it! And by "devaluing the music", you mean "devaluing your stock value", right?

    --

    Ron dies in chapter 9 of book 7.
    1. Re:Fuck the record execs. by meowsqueak · · Score: 4, Informative

      It is the performances, not the score that is under debate.

    2. Re:Fuck the record execs. by servoled · · Score: 2, Informative

      Gee, maybe I'm wrong, but aren't Beethoven's symphonies public domain? How dare the BBC introduce a great composer's copyright-free works to a larger audience! They're devaluing it! And by "devaluing the music", you mean "devaluing your stock value", right?

      As far as I know the symphonies themselves are, but specific performances aren't (depending on when they were recorded).

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    3. Re:Fuck the record execs. by failure-man · · Score: 3, Insightful

      And if the BBC paid for the performance and did the recording they can do whatever they want with it right?

    4. Re:Fuck the record execs. by IronMagnus · · Score: 2, Interesting

      To the above three posts, from reading the /. post, aren't the specific performances in question ones that were given by the BBC symphony for free? Thus, don't they have the right to release them for free?

    5. Re:Fuck the record execs. by RedWizzard · · Score: 3, Insightful

      Yes, exactly. Which is why this record exec is just mouthing off and is not suing.

    6. Re:Fuck the record execs. by dougjm · · Score: 2, Interesting

      And since i pay my TV licence that pays for the BBC that should mean that it's my recording so I should have access to it.

      If they get anoyed about this what are they going to say when the BBC archive goes live online?

      --
      Reinventing the wheel since 1979
    7. Re:Fuck the record execs. by IOOOOOI · · Score: 2, Interesting
      It's a fishing expidition. "Mouthing off" is often followed by observation of reaction. Sometimes polls are needed to reconcile these reactions with business objectives.

      (C) 1812 - No Rights Observed. Reprinted without permission from "Master MBA 101!", published by AOL Press.

    8. Re:Fuck the record execs. by arivanov · · Score: 2, Interesting

      Well

      1. These files were played on the radio. I could have recorded them at roughly the same quality and owned them for nothing in first place.

      2. As far as quality goes they are 128Kbit fixed rate encoded MP3. Any classical audiophile will puke at the idea of using it for anything but commuter or office noice supression. Further to that as far ast the 9th goes (I have yet tofind time to listen to the rest) the vocals are relatively lame and the conductor lacks the necessary level of fashism to conduct it the way it is supposed to be conducted. I have listened to 9th under the stick of Herbert von Karajan and compared to that the BBC recording smacks of amateurism.

      3. It will not stop people who are in fact audiophiles and classics fans from buying proper recordings. It will not decrease the music labels revenue. So why don't they just go blow and get a clue about their market.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    9. Re:Fuck the record execs. by Junior+J.+Junior+III · · Score: 2, Interesting

      The performance is certainly copyrightable, and copyrighted. If you actually downloaded and listened to the symphonies, the audio file is prefaced by a BBC announcer stating that the file is available for free download from the BBC, for a limited time, and they request that the files not be redistributed, and a few other terms of the offering.

      Either the BBC is the copyright holder, or authorized by the holder, which if it is not the BBC it is likely the Philharmonic Orchestra, to host the digital files of that performance on their web server and offer them to the public for free download.

      It's perfectly within a copyright holder's rights to give away their own copyrighted work for free.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
  5. I'm confused, what exactly does copyright mean? by mister_llah · · Score: 5, Interesting

    Is it for the protection of the original ideas?

    Or the protection of individual performances?

    ===

    Can you play only public domain songs, sell it, and then have people trading your performances withouit purchasing them be pirates?

    Does anyone know?

    [I legitemately don't but would like to]

    --
    MoM++ - A Classic Expanded - [Master of Magic 1.5]
    http://mompp.sourceforge.net/
    1. Re:I'm confused, what exactly does copyright mean? by x86eon · · Score: 2, Interesting
    2. Re:I'm confused, what exactly does copyright mean? by kauttapiste · · Score: 2, Informative

      Is it for the protection of the original ideas?

      Not for ideas but for your work (of art). In the US, copyright means one's right to commercially benefit from one's work. In Europe, it's basically more about being recognized as the creator of some work. (moral rights vs. commercial rights)

      In this case copyright applies to the compositions by Beethoven, Mozart, etc. For those works the copyrights have expired already so you can exploit those works for your own commercial benefit.

      BUT, copyrights also apply to the music performed and recorded by the BBC Orchestra. They own the rights to their recordings.

      Or the protection of individual performances?

      As said, both.

      Can you play only public domain songs, sell it, and then have people trading your performances withouit purchasing them be pirates?

      No. The performance is also protected by copyright laws. You can't e.g. record a band's performance and then sell it (bootlegs) just because you recorded it. Same applies for something you get for free, you don't have the right to redistribute it. Unless, of course, the copyright holder explicitly gives you that right.

    3. Re:I'm confused, what exactly does copyright mean? by quarkscat · · Score: 3, Insightful

      "And then there was a great disturbance in the
      force, as though a billion souls were suddenly
      extinguished..."

      That "Happy Birthday" song (you know the one I
      mean) is protected, copyrighted material. It
      cannot be commercially reproduced without pay-
      ment of royalties to the copyright holder.
      One may take this to mean that the song may not
      be sung for profit (eg. singing telegram), nor
      can it be written down (eg. birthday card).
      This whole situation seems pretty ludicrous.

      This is not merely a UK copyright issue, but
      also a USA issue. Remember the Disney-sponsored
      "Mickey Mouse" copyright legislation that
      passed with flying colors? No doubt, this same
      situation also exists elsewhere. (So, Mickey
      has been enslaved for yet another 30 years!)

      AFAIK, copyright was established in order to
      reward the original artist/writer/composer
      during his/her lifetime, and not a revenue
      stream for the next 3 generations. Doesn't
      the term "public domain" and "fair use" mean
      anything anymore? It's a damn good thing that
      these onerous copyright laws were not around
      before the advent of the Gutenburg press -- we
      would all still be in the Dark Ages, thinking
      the world is flat. Each hand-copied manuscript
      would have had to be paid for with a pound of
      monk's flesh...

  6. It's not "free music" by Eric+Smith · · Score: 5, Insightful
    The people of the UK have already paid for it! Thus it isn't "unfair competition" either, unless the initial production of the music (not its later distribution) is unfair.

    The complaint that this is unfair strikes me as being very nearly as absurd as the situation in the US where there are private companies complaining that only they should be allowed to have the data collected and generated by the taxpayer-funded National Weather Service, and that taxpayers should not be able to get the data directly from the government.

    1. Re:It's not "free music" by einstienbc · · Score: 4, Insightful

      but dont you remember? you're infringing on the rights of the corporations to make money as well as own everything!

      --
      If you die horribly on television, you will not have died in vain. You will have entertained us.

      --Kurt Vonnegut

    2. Re:It's not "free music" by mc6809e · · Score: 4, Insightful

      The people of the UK have already paid for it! Thus it isn't "unfair competition" either

      Of course it's unfair. One group gets to force the citizens to pay for what it has produced while another group must rely on their voluntary purchase.

      I doubt you would like to compete against a government that can simply take whatever money it needs from it's "customers".

    3. Re:It's not "free music" by GlassHeart · · Score: 4, Insightful
      Of course it's unfair. One group gets to force the citizens to pay for what it has produced while another group must rely on their voluntary purchase.

      So the US Postal Service is in unfair competition against FedEx and UPS? Or perhaps the police are in unfair competition against security guards? How about public schools putting private schools out of business? (Note that there are examples of successful businesses in every one of the above.)

      Like it or not, there will always be some overlap between the public and private sectors, and in a democracy, voters decide where that overlap ends. Perhaps you would like to rephrase your objections.

      I doubt you would like to compete against a government that can simply take whatever money it needs from it's "customers".

      What I don't assume to have is a God-given right to make a profit doing any particular thing. I think a pay-per-extinguish service instead of a public fire department might be profitable (especially when several neighbors bid for my services while the houses burn). That doesn't mean the government's fire department is unfairly competing against me, does it?

  7. Did they listen to the files? by (H)elix1 · · Score: 3, Informative

    If these are the same ones I downloaded, they spent a few minutes chatting before they started the music. Not quite as bad as ads, but still, nothing that would cause folks who just played music anything to worry about.

    Too bad - but made me take the time to rip a couple CD's for my MP3 player.

    1. Re:Did they listen to the files? by ballpoint · · Score: 3, Funny

      Crossfading classical music ?

      I never tried that. I'm not sure that's going to work out all right.

      Let's see: the grandiose and triumphant C major POM POM POM pom-pom-pom POM POOOOM ending of the 5th crossfading into the delicate F major string intro of the 6th... but then, why not ? Anything goes !

      --
      Flourescent (adj): smelling like ground wheat.
  8. Intellectual Property terms by The+Amazing+Fish+Boy · · Score: 2, Informative

    Claim prior art. You know, by Beethoven/Mozart/Bach/whoever.

    Prior art applies to patent law, not anti-competitive behaviour. Similarily, parody applies to copyright works, and not anti-competitive behaviour.

    1. Re:Intellectual Property terms by cpt+kangarooski · · Score: 3, Informative

      No.

      First, because the term 'prior art' doesn't even exist in the copyright world. Second, because copyrightability does not require novelty or nonobviousness, as patents do; instead it's originality that is required. This is a much lower standard.

      The mere fact that there are multiple identical works is NOT a bar to the later of them being copyrightable. In that situation, the later one is only uncopyrightable if it was copied from the former. If they're coincidentally identical, however, copyright is ok.

      A leading case on how this works is Nichols v. Universal, 45 F.2d 119 (2d Cir. 1930). You might want to read it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  9. Please Sue! by elronxenu · · Score: 3, Funny

    ... Then I can submit this to Groklaw in response to PJ's challenge to find the most stupid lawsuit ever.

    1. Re:Please Sue! by elronxenu · · Score: 2, Informative

      You don't read groklaw, do you? That's the lawsuit which PJ used to start her article. Your example can't be dumber than PJ's challenge, because it is PJ's challenge.

  10. Music as a commodity by iamdrscience · · Score: 4, Insightful

    At first I thought this was ridiculous because music isn't a commodity, it's not like the government is selling the same thing as the music companies. But when I thought about it some more, in ways, most classical music is a commodity. I mean, when you're looking for Liszt's Hungarian Rhapsody #2, for the most part people don't care about who plays it, the just care that it's a recording of the piece they're looking for. That said, it's not entirely commoditized, I mean, there are differences between recordings, there are different arrangements, different qualities of recording, etc.

    It seems very odd though that record companies dealing in classic music would be of the opinion that classical recordings are commodities or that even if they weren't of that opinion, that they would encourage people to think of it that way. It just seems like bad business.

    1. Re:Music as a commodity by globalar · · Score: 4, Interesting

      Record companies are well aware that certain artists, orchestras, choirs, etc. draw far better sales than unknowns. This fact alone makes their point fairly mute. They gladly put out whole new recordings simply because $conductor's name is on it and charge a premium.

      In addition, there are so many variables for "classical" music, you would have a hard time labeling it a commodity. Not to berate pop music, but there is simply more to something like a Beethoven symphony than the latest $band single.

      For example, I have three copies of Handel's Messiah. One is a great recording in the style of Handel's time period (the choir's enunciation is extremely distinct, for example). Another is an Americanized version with fewer instruments, mellowed diction, and a very clear recording. The third one has strong diction, full accompaniment, lackluster performance, average recording quality, and a few modern twists (for example the soporano is a male).

      Each of these recordings sounds incredibly different. Everything from the dynamics to the recording quality itself significantly add to the experience. And I'm not even an audiophile. I intentionally bought different interpretations of the music because I enjoy Handel's work through the ears of different artists.

  11. Whiners by dtfinch · · Score: 5, Funny

    If you not good enough to compete with the public domain, then it's time to rethink your career.

    1. Re:Whiners by deetsay · · Score: 2, Insightful
      If you not good enough to compete with the public domain, then it's time to rethink your career.
      Indeed. I don't think the exec in TFA is being short-sighted at all. These works are in the public domain, and now these performances are in the public domain, and they're online. If this starts happening more, we could soon have good quality public domain performances of all classical works. This could lead to classical orchestras over the world competing on who can create the best performance. People would rate their recorded and live performances, which will get the best of these orchestras free fame and gigs. Unfair!

      What if some rock & pop musicians find that these online channels based on free distribution might be a better way than going to a record company for a haircut and dance lessons, and to be told exactly what to do? Slipperysloping some more, soon the record company exec's only business will be to sell artists back their rights to their own music, so they can publish it online. The question is WTF, besides whining, are they going to do about it?

      Extend copyrights, implement DRM's, sue kids...? How much time will that buy them?
      --
      "The looser the waistband, the deeper the quicksand", or so I have read.
  12. Then they'd better not broadcast any music either by newandyh-r · · Score: 5, Insightful

    Is there any intrinsic difference between making the performances available for download and broadcasting the performances on digital radio.
    If you have the right equipment (such as a Psion Wavefinder) and a reliable signal (not so easy for digital) you can record all the Proms at MP3 equivalent quality.

  13. Re:So I guess.... by Breakfast+Pants · · Score: 5, Insightful

    The difference is the governments aren't funding those people! Oh wait, Governments around the world routinely do things like that. In fact local governments often put a lot of money into funding symphonies etc.--without that funding the "Classical Labels" who are complaining in this case would have a much crappier talent pool to pick from. This same issue came up when some town was releasing its GIS data a while back... I don't see how it is even an issue if it has already been paid for (as with that data and these performances).

    --

    --

    WHO ATE MY BREAKFAST PANTS?
  14. They should keep in mind, though by Andrew+Tanenbaum · · Score: 2, Informative

    that the BBC isn't really run by the government. It's an independent Crown corporation like the CBC in Canada.

  15. Unfair Competition? by sigloiv · · Score: 3, Interesting
    constitutes unfair government competition

    I don't understand how giving something away for free could be seen as competition. It's not like you can buy the exact same thing from a someone else. On the other hand, if this was something like Mozart/Bach/any|other|classic|artist where no one owns a copyright, then I guess giving it away while someone was selling it could be seen as an unfair buisness practice.

    I still take the side of BBC on this one, though. They recorded the music with their own in-house orchestra and therefore should be able to distribute it any way they like. Period.

    --
    Software is like sex. It's better when it's free. -Linus Torvalds
    1. Re:Unfair Competition? by chefren · · Score: 2, Insightful
      They're not giving it away for free. The government charges taxpayers for the music and they have no choice but to pay.


      So in fact the whole existance of the BBC is unfair competition, then? It probably is. And in my oppinion the commercial companies will just have to manage anyway. The BBC has been giving away music over radio and tv for decades but now when its over the Internet is suddenly a problem?

    2. Re:Unfair Competition? by amliebsch · · Score: 4, Insightful
      I don't understand how giving something away for free could be seen as competition.

      Here's an analogy for the Slashdot crowd:

      The BBC is like Microsoft, except its power to force consumers to pay up comes not from sleazy deals and market penetration but the well-polished heel of a bobby's boot. The classical recordings, then, are like Internet Explorer, which they are giving away for "free" (though in reality subsidized by the rents created from their power position), and this record industry exec is like Netscape, trying to protect a stagnant, failing product space while whining about how consumers are harmed by delivery of a free product.

      So the question for you is: are you consistent in your application of principles in these cases? Because I have a feeling that if you said:

      I still take the side of Microsoft on this one, though. They created the browser with their own in-house programmers and therefore should be able to distribute it any way they like. Period.

      ...well, you might get some more vocal disagreement!

      --
      If you don't know where you are going, you will wind up somewhere else.
    3. Re:Unfair Competition? by JohnsonWax · · Score: 2, Insightful

      It's pretty hard to compete against a group that forces everyone to buy its performance while you have to hope someone volutarily buys yours.

      No, it's not. All over the nation there are paid orchestras and choirs singing public-domain works and doing just fine because the *performance* is what most people are interested in. My wife has several recordings of certain works, she herself regularly sings those same works, and she regularly pays to attend performances of the very same works.

      The problem with the business model is that the orchestras, rather than *perform* want to *record* and still be viable. That's the failure. The money is in the performance and BBC isn't competing in that space.

    4. Re:Unfair Competition? by PrivateDonut · · Score: 3, Informative

      That analogy isn't fair. The BBC isn't hurting inexperienced users/listeners through bad product, and the BBC isn't forcing you to listen to its version, but simply gives you the option of listening to its music for free.

      This is just like Opera complaining that Mozilla is giving away Firefox for free.

    5. Re:Unfair Competition? by TheRaven64 · · Score: 3, Insightful

      Except that they are not encouraging vendor lock-in. Nothing that the BBC is doing is going to force people to use their service. The BBC symphonies don't include special features that speaker manufacturers will use that will prevent me from listening to other symphonies on them. In short, I am completely free to buy the Herbert von Karajan recordings of the symphonies (get a Mac?) without any interference from the BBC and without suffering any ill effects.

      --
      I am TheRaven on Soylent News
    6. Re:Unfair Competition? by CaptainFork · · Score: 2, Informative
      Except that they are not encouraging vendor lock-in. Nothing that the BBC is doing is going to force people to use their service.

      The license fee is compulsory for anyone who uses TV receiving equipment - virtually everyone. So people are forced to pay for it.

      The BBC symphonies don't include special features that speaker manufacturers will use that will prevent me from listening to other symphonies on them.

      The analogy isn't about the allegations of crippleware; merely the monopolistic business practice evident in both situations.

      In short, I am completely free to buy the Herbert von Karajan recordings of the symphonies (get a Mac?) without any interference from the BBC and without suffering any ill effects.

      You're free to either pay for the BBCs recordings or both the BBCs recordings and one or more commercial recording. State enforcement of the license fee makes these the only two options available to you.

    7. Re:Unfair Competition? by meringuoid · · Score: 2, Insightful
      The BBC is like Microsoft, except its power to force consumers to pay up comes not from sleazy deals and market penetration but the well-polished heel of a bobby's boot. The classical recordings, then, are like Internet Explorer, which they are giving away for "free" (though in reality subsidized by the rents created from their power position), and this record industry exec is like Netscape, trying to protect a stagnant, failing product space while whining about how consumers are harmed by delivery of a free product.

      -1, Missed the Point

      The problem with IE wasn't that it was given away free. I don't think you'll find anyone on /. who has a problem with free software per se. The problem with IE was that Microsoft bundled it with Windows.

      A nearer analogy would be if Apple had an orchestra record a bunch of classical music, and bundled that music with every iPod sold. Then the guys selling CDs of classical music might have a case. The problem was about abuse of a monopoly position, not about giving away a product for free.

      --
      Real Daleks don't climb stairs - they level the building.
  16. Dead music for dead people by poptones · · Score: 4, Informative

    Just more insight into why the recorded music industry is dieing.

    I subscribed to BBC music magazine for quite some time - just for the music. Three bucks a month and it came with a CD attached to every cover. This isn't the first time the classical music fuzzheads have shown their cluelessness - when Sarah Brightman first started gaining popularity many decried how she was "corrupting the form." And when classical compilation CDs produced by small publishers (usually recordings of performances by east euro orchestras) many of these dying purists attacked them - again - for "diluting the value of these works."

    This really is pretty standard fare for those old school classical publishers. It's not about copyright, it's about fox hunts and cardboard people and preserving their "high end" market image.

    1. Re:Dead music for dead people by 16K+Ram+Pack · · Score: 2, Interesting
      Did people complain when Naxos started doing that? Doesn't surprise me. To be honest, most of their discs are better than the run-of-the-mill "star" recordings?

      I don't think this is the same group that attacked "popera". The people complaining are the music industry, the people most interested in recordings with star names and things like crossover. The problem with out-of-copyright works for them is that it all comes down to the quality and interpretation of the work, which means that they have to work in a free market. Which means that they have to compete with guys like Naxos who sell recordings that are often excellent, and good enough for the man in the street.

  17. Mod this how you see fit. by tetrahedrassface · · Score: 4, Interesting
    This stinks for a number of reasons but here are few.

    First of all the music industry is consipiring to strangle the very human instinct of music. It is in us, and we are genetically programmed to appreciate it.

    The reason this industry is fighting so hard is greed. Pure and simple greed.

    They have a way of life/business model that can't addapt to the quickly changing digital world around them so like vultures they are clawing at their food supply.. namely your dollars.

    So whats to do? Namely the copyright holders of each song/piece of music ulitmately control if it is placed in the public domain. Currently most are being greedy.. or are just clueless.

    Its pyrimid ponzi scheme of artistic and corporate collusion, and its only getting worse.

    They are the music nazis, and if you want it you must join their party and play their game.

    We need to continue to encourage folks to step up to the plate. Bands, artists, songwriters of all flavors should make thier stuff availible online with one CC stipulation.. It can't be sold/profitted from unless the copyright holder changes the license.

    Most of the stuff from the big labels is corporate shit anyway.. the only reason folks buy it is they are told its cool.

    So those of who do make music cause you frelling love it, and not because you want a damn easy check fight on.

    Live it, love it, make it real.

    Even if you suck its better than canned spam coming out yer radio.

    Peace, D

  18. Re:similar trends by mc6809e · · Score: 2, Insightful

    Not only the music industry, even the UK newspaper's are facing tough competition from the BBC's news website.

    The interesting thing about this is that the UK newspapers are being forced to support their competition through taxes.

    They're forced to pay the government to dig their own economic graves.

  19. Put up or shut up... by advocate_one · · Score: 4, Insightful
    well, if they're objecting so much about this, perhaps they should launch a court case and see just how far they get

    or could it be because they haven't got a leg to stand on and the BBC is perfectly within it's rights to have done this... having copyright anyway in the performance that they did, and therefore, they could dispose of it exactly as they wished, including making it available for free download so nya... nya...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  20. I hate the BBC for this by Anonymous Coward · · Score: 4, Interesting

    I'm sure many of us understand how the BBC works, it's funded in majority by the license fee we Brits have to pay per household every year. I think I paid 130UKP last year (220USD).

    The argument about value for money is a can of worms I'm not going to touch, however, it smacks a little bit of unfairness if my US based cousins can enjoy what is arguably the best part of the BBC (BBC Online) without having to contribute a penny.

    BBC Online should be protected in-line with the rest of the BBC, the content should be un-lockable via entry of my license number.

    The same goes for the recent deal done to broadcast Radio 1 on Sirrius. Presumably the profit goes back in to creating the BBC, however, I'd prefer it to go back in to my already stretched pocket.

    1. Re:I hate the BBC for this by Master+of+Transhuman · · Score: 2, Insightful

      "it smacks a little bit of unfairness if my US based cousins can enjoy what is arguably the best part of the BBC (BBC Online) without having to contribute a penny."

      Well, last week's Live 8 concert was limited to the UK - except that some people managed to put up proxy servers that allowed people outside the UK to see it. So I got my fix of the Corrs - especially Andrea being very sexy (again) with Bono (again) on "When The Stars Go Blue". (Actually I didn't get it online myself, but other people did and recorded it, converted it to MPG and I downloaded it within 24 hours of the show.)

      Personally I think if you don't like paying your government a license fee to listen to commercial-free radio, overthrow your government. Then you can pay Bill Gates and the music labels fees to listen to commercial-FULL radio. And I suspect you'll pay more than $220 a year on it once they get cranked up with DRM and the like.

      As an aside, do you oppose BBC World Service on shortwave?

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    2. Re:I hate the BBC for this by SamNmaX · · Score: 3, Informative
      The argument about value for money is a can of worms I'm not going to touch, however, it smacks a little bit of unfairness if my US based cousins can enjoy what is arguably the best part of the BBC (BBC Online) without having to contribute a penny.

      BBC Online should be protected in-line with the rest of the BBC, the content should be un-lockable via entry of my license number.

      Cry me a river. You don't lose anything having other have access to this music. While it might be officially setup as you paying for a 'licence', it's essentially a tax similar to all other taxes.

      If the government wants to spend it's money providing it's citizens classical music, great. If it allows others outside it's borders access to it, that's great gesture of goodwill. It's not like you don't already benefit from the goodwill of others. Open source software is an obvious example of this.

      I think it's about time that we get rid of crown (government) copyright altogether. Copyright as a rule limits who gets access to something, however when a government produces something their goals should be maximizing the public benefit, and that is not equivalent to maximizing their tax revenue.

    3. Re:I hate the BBC for this by Anonymous Coward · · Score: 2, Informative

      "my US based cousins can enjoy what is arguably the best part of the BBC (BBC Online) without having to contribute a penny."

      Non-US servers providing bbc.co.uk and news.bbc.co.uk are paid by the Foreign & Commonwealth office, through the BBC World Service - not by the licence fee payer.

    4. Re:I hate the BBC for this by Derling+Whirvish · · Score: 4, Insightful
      I'm sure many of us understand how the BBC works, it's funded in majority by the license fee we Brits have to pay per household every year. I think I paid 130UKP last year (220USD).

      Likewise, I'm sure you are aware that the Global Positioning System is funded wholly by an income tax levyed on my personal income and paid to the Department of Defense.

      it smacks a little bit of unfairness if my US based cousins can enjoy what is arguably the best part of the BBC (BBC Online) without having to contribute a penny.

      And likewise unfair that you can enjoy a precision navigation system paid for entirely on the dime of the U.S. taxpayer.

      BBC Online should be protected in-line with the rest of the BBC, the content should be un-lockable via entry of my license number.

      And you should have to use a smart card with a paid-up subscription to activate any GPS receiver you may want to use -- oh wait, isn't that what you have in mind for the Galileo system?

    5. Re:I hate the BBC for this by mlush · · Score: 2, Informative
      As an aside, do you oppose BBC World Service on shortwave?

      quote "the World Service is funded by the British Government through the Foreign and Commonwealth Office, although it remains politically neutral," ie the World Service is not funded via the Licence fee.

    6. Re:I hate the BBC for this by Funksaw · · Score: 2, Insightful

      As one of those Americans, I would like to point out that the BBC has programming on both the radio and the television worth watching/listening. Your 220USD is less than you'd pay for a cable service and you still wouldn't get any good stuff. So cram it. The minute the BBC starts charging overseas customers for a H.264 video stream over the Internet, I'm converting to pounds and paying them what they ask. There's so much government waste and stupidity in the world and you want to complain about government efficiency and service?

  21. NAFTA by Andrew+Tanenbaum · · Score: 2, Informative

    In NAFTA countries, this kind of lawsuit would actually be successful, and the Government would be liable for all potential losses. In the US/Canada it's very common for Corporations to sue States/Provinces - surprisingly Canadians sue American states more than the other way around.

  22. Kind of ambiguous... added questions (for anyone) by mister_llah · · Score: 2, Insightful

    Quoth that source:
    WHAT IS NOT PROTECTED BY COPYRIGHT?

    Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
    ===

    Technically those symphonies DO have original authorship but are now public domain, correct? ... so which one takes precedence?

    Is that original authorship a registered copyright, or is that just that it was created by a human and would have been protected by copyright (if they had applied)?

    --
    MoM++ - A Classic Expanded - [Master of Magic 1.5]
    http://mompp.sourceforge.net/
  23. Re:Solutions. by aneroid · · Score: 2, Interesting

    that might work if they had something obvious that made it a parody before they were "In Trouble Over Free Music".

    anyways, they (BBC) are giving stuff away for free that was performed by the BBC Orchestra. if it was someone else's product being discounted by the govt then it would constitute unfair government competition (imho).

    and what does the "claim" mean? that if anything in any form ever had a cost, no one can ever give it for free? or just not the government? in either case, that's just sad (and VERY VERY stupid).

  24. In related news by einhverfr · · Score: 4, Interesting

    A French bus company sues cleaning ladies who carpool.

    Guardian article here.

    What is up with Europe these days? We were glad when they rejected software patents, but these sorts of legal actions? They make the US look like a country where nobody ever sues anyone without reason ever....

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:In related news by -brazil- · · Score: 2, Informative

      Ultraliberals rule supreme! The "right to make a profit" is now a fundamental right enshrined in the constitution, at a higher level that the right to speak one's mind.

      You just confused the heck out of all American readers. To them, "liberal" means nearly the opposite than what it means to Europeans (and, I think, the rest of the world), because it is linked to the traditional stance of the Democrat party to support civil rights (thus, "liberal") but also regulation of business and strong social security.

      --

      The illegal we do immediately. The unconstitutional takes a little longer.
      --Henry Kissinger

    2. Re:In related news by ArsenneLupin · · Score: 2, Informative
      increases the power of the European Parliment

      But only marginally so. Parliament still has no "initiative right" (can propose its own laws), and for many subject matters it can't even vote (these laws go directly from Commission to Council, completely bypassing the Parliament). Part III is full of such exceptions that bypass the parliament entirely...

      So, do you vote yes to agree with the (very small) step in the right direction, or do you vote no to disagree with the final state, which is still not democratic enough? It's not an easy decision. By voting no, people hoped to force renegotiations in order to get a more democratic constitution.

  25. Re:Solutions. by hobotron · · Score: 3, Funny


    British Classical music IS parody

    *ducks*

    --
    There is truth in humor.
  26. Next up, the BBC itself. by edunbar93 · · Score: 2, Interesting

    Since the BBC (radio and TV) broadcast their programming for free and without advertising, all their works, past and present, constitute "unfair government competition."

    Nevermind that they are essentially the vanguards of British culture the world over. That's not important at all.

    --
    "No problem. I have the capacity to do infinite work so long as you don't mind that my quality approaches zero."-Dilbert
  27. It's both by Sycraft-fu · · Score: 5, Informative

    So if you compose a song, it is protected under copyright. People cannot go and repreform that song without giving you royalties. Now in the US, reperformances, called covers, have statutory royalties, so the copyright holder doesn't have much say in it, but you still have to pay them.

    However the performance is seperate, and also copyrighted. While osmeone can do a cover of your song, they can't just copy your performance without permissions.

    This also means that though a given song may be public domain, a particular performance isn't. So all Motzart's works are public domain, you can post the sheet music on the net freely, without fear. However a specific performance of that music may be copyrighted. You can, of course do your own performance, or comission to be done, but you can't just (legally) copy their performance.

    Both are seen as creative works. It is a creative work to create a song, but it is also a creative work to play that song. The musicians have a lot to do with the rendition of it, espically with classical music and I can say as a former classical musician, it's not easy.

    Now in this case, you are allowed to trade the specific performance freely as well. The orignal songs are of course long out of copyright, and the BBC has chosen to give their work in to the public domain, which is their right.

    The challenge is from greedy labels, not over copyright, but over unfair competition. They claim it's unfair that the BBC, which is taxpayer funded, is giving away works that compete with ones they sell. However the status of the copyright isn't being challenged. The BBC Orchestra performed it, and the BBC chose to relinquish the performance to public domain, that's a done deal.

    1. Re:It's both by cagliost · · Score: 3, Informative

      Scores to Beethoven's Symphonies are not necessarily public domain. The Symphonies themselves are (i.e. those notes in that order), but any copy of the score, whether as a PDF or manuscript, might be copyright. This is because music publishers produce new editions, correcting the "mistakes" of Beethoven and his editors. So a book of Beethoven's symphonies would be copyright unless it is old enough to be public domain.

  28. So There are other places... by mitsuhama · · Score: 5, Informative

    to get your free http://hebb.mit.edu/FreeMusic/ classical music.

  29. While I don't agree with them in this case by Sycraft-fu · · Score: 4, Insightful

    Lawsuits of this type aren't always without merit. The idea is that in a capatalism, the government isn't allowed to unfairly compete with private corperations. I mean the government can basically always win out in a price war if they want since they can cover costs through taxes, which people don't count in the price since they aren't a direct charge. Since in a capatalism it is undesirable to have the government run everything (wouldn't be a capatalism if they did) it is generally illegal for them to unfairly compete with the private sector.

    Now I see this as very differnet. The government isn't competing, they are doing a public service. They aren't trying to have CDs put in stores next to other classical works but for a lower price, they are just releasing some electronic music to the masses. Private entities aren't precluded form competing, they can produce different/better versions of these symphonies (like a DVD-A or DTS CD or something). This is just record companies being whiny.

    Personally I say distribute more classical music, or shut the fuck up. It's truly pathetic the selection of classical available. Record labels don't like it very much since it's fairly expensive to produce (an orchestra has a lot of musicians, all who need to be paid, usually up front) and it doesn't sell nearly as much as pop music.

  30. The moronic logic of the music industry by ahodgkinson · · Score: 4, Interesting
    The music industry is grasping at straws because it fears it is dying. It is another example of the inappropriate behavior of an industry that is unable to offer something that customers are willing to pay for.

    Laughing aside the argument that giving away something provides a justification(1) for stealing, lawyers could argue the following:

    So, is this like when Microsoft first gave away Internet Explorer, in an attempt to shut down Netscape, which ultimately succeeded. What happened to them? Well, the Justice department decided that Microsoft was a monopoly and was unfairly using its monopoly powers. In the end, in spite of being found guilty, no punishment was enacted and the give away of Internet Explorer continues to this day.

    This argues that BBC should be allowed to give away music.

    Your opponent might then argue that BBC is a government entity and that private music producers have to compete against an entity giving away product subsidized by taxpayers money.

    You could then counter and compare it against the situation where a government gives away medicine in an attempt to wipe out a disease affecting its citizens. Correct me if I'm wrong, but I don't know of any cases where giving away medicine in such circumstances has been prohibited. There are even case of patent violations where countries have copied drugs (I seem to remember this has occured in South Africa and Brazil) in order to reduce the cost.

    In this case you might argue that the drug is music and the disease is modern culture.. but let's not start up that old argument.

    In any case, this also argues that BBC should be allowed to give away music.

    -----

    (1) Think about the free product samples you see in stores occasionally. Do you think that this makes people believe that they can take home large packages of the same product being offered for sale without paying?

    --
    ---- It won't be as bad as you fear or as good as you hope, but it will take twice as long as you plan.
  31. A disease on capitalism? by CyricZ · · Score: 4, Insightful

    I fear we are beginning to see the problems of diseases on capitalism really rearing their heads these days. The greed recently is overwhelming! Perhaps it is because most Western nations have lost their tangible manufacturing base to countries like India, Taiwan and China. Now instead of manufacturing goods, all that Western companies can do is manufacture "intellectual property". Since such "property", be it movies or music, isn't tangible in any way, it is often quite easy to reproduce and distribute. As such, these corporations and groups must resort to legalities to make a living.

    Indeed, what we are seeing is a disease on capitalism and the free market. Our capitalism has been infected with intangible goods that are being treated as if they were tangible by the forces of law. The free market is not being allowed to work, and trouble is the result. Indeed, one cannot have an effective capitalistic society without a free market. Our free market has become diseased with intellectual property legalities, and as such fails to work to the benefit of society.

    --
    Cyric Zndovzny at your service.
  32. Groklaw called it by einhverfr · · Score: 4, Funny

    "The Stupidest Lawsuit since the World Began"

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:Groklaw called it by Ngwenya · · Score: 2, Insightful

      It's these sort of frivolous cases that make me believe that something stronger than tossing the case out is needed. This company should permanently be prevented from ever suing anybody for any reason, no matter the merits.

      In the UK, (and many parts of the USA and elsewhere), this can actually happen. If you are declared a vexatious litigant (ie, someone who issues spurious lawsuits), you can not begin proceedings in a court without specifically applying to the High Court for permission (and you pay the costs of the application, whereas your potential defendant pays none).

      Clearly, this is an extreme case. Denying or hindering someone's quick access to justice is not a step that the courts take lightly. Hence the relatively few people on the VL list. It's viewable here

      --Ng

  33. No good deed goes unpunished... by MsGeek · · Score: 2, Interesting

    I sure am glad the Berman Hack-Back bill went down to defeat, because I downloaded all of the symphonies. Wouldn't want someone from the RIAA going into my network because they think I'm taking bread from the mouths of RCA Red Seal, Deutsche Grammaphon, or whatever classical label you'd care to name...

    I mean, really...the Beeb does this to get people interested in Classical music. They certainly succeed, too...when this first appeared in Slashdot downloading was impossible for the next 48 hours after the article appeared. It was only thanks to archive.org and a few other sites that I was able to glom onto the whole set.

    You can bet there won't be a "repeat performance" of something like this from the Beeb. Thanks a lot, pigopolists...

    --
    Knowledge is power. Knowledge shared is power multiplied.
  34. Well, It would be fair, except. . . by mosb1000 · · Score: 3, Insightful

    Except that all British Citizens have paid for this music whether they chose to or not. That would be the same as if the government charged everyone $15,000 and then gave everyone a "free" car. It's not exactly fair to the competition.

    1. Re:Well, It would be fair, except. . . by Flyboy+Connor · · Score: 2, Insightful
      Except that all British Citizens have paid for this music whether they chose to or not. That would be the same as if the government charged everyone $15,000 and then gave everyone a "free" car. It's not exactly fair to the competition.

      That's not the same thing. I think car manufacturers would be very happy because the government has to buy those cars from someone -- it's good for business, it's good for economy. It's not good for the environment or for the ability to get to work on time, but that's another matter.

      Now, what happened with the BBC music, is also good for the economy. First, the BBC pays the orchestra, so about 150 people have work. Second, people get in touch with classical music, and may be stimulated to listen to or even BUY more of it. Since buying music is good for business, companies profit here too.

      Government is in the hair of companies ALL THE TIME. If the government provides railroads, it's bad for car manufacturers. If government lays a new road, it is bad for toll roads. If government abolishes software patents, it's bad for the lawyers who specialised in sueing programmers.

      The difference between the government and companies is that the government should be in it for the good of the people, while the companies are in it for the good of themselves. They are not really competing, although they might cover some common area.

      Granted, companies have rights too, but they do not have the right that the government should completely avoid their business. They chose their own business, and if that business overlaps some of the government's responsibilities, it's their own problem if their business is hurt by that.

  35. Just to remind people ... by Anonymous Coward · · Score: 2, Informative

    These recordings are most emphatically not public domain. I've seen several posts, at +4 and +5, claiming they are.

    The BBC made these recordings available for personal, non-commercial use. You're not even allowed to give them to your friends, by the letter of the law and the downloading terms. If you missed out when they were available from the BBC website, too bad; you're not legally allowed to get them anywhere else, so you're SOL.

    If they were public domain, then you could do whatever you wanted with them. Copy them, sample them, sell them, you name it, they'd be fair game. They aren't, so you can't. Period.

    As for the record execs complaining: I can understand where they're coming from; after all, a full symphonic orchestra is not a cheap thing to have. You're talking about over 80 professional musicians here. I don't know if they'd be employed full time or not, but also consider the venue hire for rehearsals, recordings, etc. -- a studio that can fit a full orchestra is a hell of a lot larger than one that can fit a typical rock and roll band. The BBC, however, pays for all these through the British tax payer, not through (or at least, not solely through) sales of their products.

    Having said that, I do believe that the execs are misguided. Making Beethoven's symphonies available for legal, free download can be considered the hook to get people listening to more classical music who would otherwise not even consider it. It's not a cake of a fixed size; this is an attempt to grow the cake, which the recording execs will benefit from in the long term. Maybe not in sales of Beethoven's symphonies, but likely in other works. There's a lot of classical music out there.

  36. Re:Kind of ambiguous... added questions (for anyon by networkBoy · · Score: 4, Informative

    Basically here is how it works in this case:

    The score is public domain, the performance is not, thus:
    should you desire you could re-construct the score from the performance and re-perform it yourself and be in the clear. You can not, however, distribute a copy of the performance without the performance owners permission (which has been granted de facto by its posting on the web by the performance owner).
    -nB

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  37. Naxos lost New York expired copyright court case by alanw · · Score: 5, Informative
    http://news.bbc.co.uk/1/hi/entertainment/music/441 5829.stm

    Naxos issue low cost CDs of classical recordings. Three months ago they lost a court case brought by the Capitol label.

    A major change to US music copyright practices could be in the offing after a court ruled a record label broke the law by reissuing old recordings.

    New York's highest court said Naxos was wrong to release classical recordings by Yehudi Menuhin and others - even though they were out of copyright.

    The court said such recordings were still covered by common law.

  38. The next logical step has already been taken!! by riprjak · · Score: 3, Interesting

    The french... a bus company is suing some commuters for car. pooling.

    The world is badly, badly b0rken.
    err!
    jak.
    Making food for useful people since 1972.

  39. Re:Free from Copyright? by Animats · · Score: 4, Informative
    The works themselves are "public domain" but the performance of those works is covered by copyright.

    There is no private copyright here. The BBC is a unit of the British Government, and its musicians are thus Government employees. There's "crown copyright", but that's limited to certain types of materials.

    In the US, you can download many performances by the United States Marine Band. There can be no copyright on those performances. Works by the U.S. Government are not subject to copyright protection Free, legal MP3 here!

    If the RIAA doesn't like that, tough.

  40. What's next - prostitutes suing by Chrisq · · Score: 5, Funny

    .. wives and girlfriends for unfair competition

  41. Sorry, bollocks by panurge · · Score: 5, Interesting
    News International (part of the Murdoch empire) avoids UK taxes and has done for many years. In fact, they are effectively being subsidised by the UK taxpayer.

    And, as for tough competition, last time I looked The Guardian, a small circulation not for profit UK newspaper, had a website which has more page views than most of the rest of the UK newspaper industry put together, and competes with the BBC given far less resources. The truth is, Murdoch, Rothermere and Sullivan between them have reduced the UK newspaper industry to such low grade sensationalist crap that they cannot compete with anybody who does a half decent job, at least where the audience who can read and write are concerned.

    --
    Panurge has posted for the last time. Thanks for the positive moderations.
    1. Re:Sorry, bollocks by mc6809e · · Score: 3, Insightful

      News International (part of the Murdoch empire) avoids UK taxes and has done for many years. In fact, they are effectively being subsidised by the UK taxpayer.

      Really? I'd like to know how it is they avoid paying UK taxes. Some proof would be nice.

      And how are they being subsidised by the UK taxpayer? Do they collect tax money? Again, some proof would be nice.

      And are they representative of all the newpapers in the UK? Even if they don't pay taxes, do all newspapers not pay taxes? It seems like you're providing what may be a single exception to suggest something in general. Again, how about some proof?

    2. Re:Sorry, bollocks by Anonymous Coward · · Score: 4, Informative

      Article

      quote: "Newscorp Investments is Rupert Murdoch's main British holding company. Although the group's profits over the past 11 years add up to £1.4 billion ($2.1 billion), it has paid no net British corporation tax."

      He manages this by organising his companies into a complex web of subsidiaries incorporated in various tax havens such as the Cayman Islands. This also means he can get around the reporting requirements of financial regulators such as the SEC and the FSA.

    3. Re:Sorry, bollocks by julesh · · Score: 2, Informative

      The Guardian, a small circulation not for profit UK newspaper

      Huh? The Guardian is hardly what I'd call small circulation (average 368,337 copies), and according to their corporate web site they made £32.7 million profit after amortisation and exceptional items in 2004. Maybe you're confusing them with someone else?

      Oh, and you know why the Guardian's web site is so popular? Largely because they were the first British newspaper to set up an online edition.

  42. BBC Funding by ear1grey · · Score: 5, Informative
    Agreed, but purely for the record:
    "They have paid for them in their tax dollars, which their elected representatives chose to spend, via the BBC, on their creation via recording."
    • we still use Sterling, not Dollars or Euros
    • the money is collected through a licence fee, not a direct tax,
    • our elected representatives have no direct say in BBC funding because it works under a Royal Charter, this keeps it independent of the government, and thus, free to report the government's business without bias.
    The BBC has kindly summarised it's next 10 years here.
  43. Re:The BBC's disclaimer: 7-day, non-exclusive lice by DMNT · · Score: 2, Informative
    BBC has these interesting Terms of Use here. Obviously they can't enforce these Terms, so I wonder what their purpose was:


    You may not copy, reproduce, edit, adapt, alter, republish, post, broadcast, transmit, make available to the public, or otherwise use this audio in any way except for your own personal, non-commercial use.


    You read it wrong: What you should concentrate on is "except for your own personal, non-commercial use." That dilutes all that was said before, limiting the ban for other uses, like you couldn't take a clip and use it in your radio commercial background promoting your products.

    So read it as "you may do to this piece of music anything you like to do as long as it's for your personal use."

    --
    ?SYNTAX ERROR
  44. Re:No by Tim+C · · Score: 5, Informative

    No.

    1) the score is in the public domain (Mozart died centuries ago!), anyone can perform it

    2) anyone who does perform it (or depending on the exact details of the agreement, commissions such a performance) owns the rights to that performance

    3) the BBC commissioned such a performance, and owns the rights to it

    4) it is this performance that the BBC is distributing

    5) no-one is suing anyone; no-one has any legal grounds to do so

    6) the idiot who's mouthing off is being a cry-baby about the government (the BBC is state-owned, but independently managed) giving away for free things that he and his associates are trying to sell, claiming that it's "unfair competition"

    The BBC is perfectly within its legal rights to do what it is doing. What's more, as I help fund the BBC (through the licence fee), it could be argued that I have a moral right to access these recordings, as I helped pay for them. But then I tend to believe that anything that is produced by or on behalf of the government should be accessible to all (where appropriate - obviously there should be exceptions for security reasons, I don't want to know the details of troop movements, etc)

  45. Re:Um... by Anonymous Coward · · Score: 2, Funny

    Mod Parent Down Illegal Website

  46. Re:No by space_dude_27 · · Score: 5, Funny

    Well there's the problem: these works are in the public domain and copyright law needs to be fixed. Let's extend the period that works stay under copyright to, say, 300 years, thus increasing the incentive for classical composers to write more ace symphonies and ensuring that the record labels get the megabucks they deserve.

  47. Re:No by justzisguy · · Score: 3, Funny

    I realize the sarcasm, but pipe down. You don't want any legislatures to have that idea in the back of their heads. Scary...

  48. The Stupidest Lawsuit since the World Began by MillionthMonkey · · Score: 4, Funny

    You may be thinking of the case of Baker vs. Sanji which was decided in a venue somewhere in the Middle East of centuries past. In that particular case a poor defendant (Sanji) living in an apartment above a bakery was enjoined in a civil suit by the Baker, who sought damages arising from the defendant's habit of opening his apartment window every morning and taking in the aromas of the dark crusty bread, warm sweet rolls, and crunchy biscuits that wafted up from the bakery- without benefit or recompense to the plaintiff who toiled over the hot ovens to produce the smells. In his complaint the plaintiff argued in court that the defendant had been "stealing" the smells, and sought damages for the "whiffing and sniffing".

    The court ruled in favor of the plaintiff, but in the remedy phase of the trial issued a symbolic judgment where it was arranged that the plaintiff would hear the "clink clink" sound of the defendant's money as it dropped into a bowl, in lieu of an actual settlement.

    1. Re:The Stupidest Lawsuit since the World Began by Anonymous+Brave+Guy · · Score: 2, Funny

      Heh. My driving instructor's husband was a traffic cop, with a few stories to tell. One time, the enforcement guys he worked with sent the usual speed camera photo to someone who'd gotten himself caught well over the limit, with the usual official notice telling him he had to pay a fine.

      Being a bit of a practical joker, the speeder sent them back a photo of three ten pound notes (the fine in question).

      Being up for a joke themselves, the enforcement guys sent him back a photo of a pair of handcuffs.

      I'm reliably informed that the fine arrived, in cash, the following day.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  49. There is lots of free music out there by Alain+Williams · · Score: 2, Insightful
    For instance Donald Betts has put up his own recordings of music by Chopin. Now that these are out there - no one need ever pay for those pieces again; unless they don't like his interpretation.

    All that it takes is people like him and, over time, more and more music becomes unencumbered.

    I am surprised that the large corporations have not cottoned onto the idea of free music as an inducement to advertising. Think of the vast sums that they spend just to have their name put in front of people's eyes (think: adverts in football or formula 1 racing). Those cost a lot of money.

    What would it cost to commission an orchestra to play Mozart/Beethoven/... and release the MP3s with a short message of the form: ''Beethoven's Moonlight sonata brought to you by XXX, purveyors of fine YYY'' ? If it isn't too intrusive most people would not skip it or edit it from the MP3. The licence could be personal use, no redistribution which means that everyone who wants it should go to their web site and see more adverts for YYY.

    1. Pay an orchestra a few thousand pounds to play some classical music
    2. Put it up on a web site as a free personal download
    3. Lots of people visit the web site
    4. Lots of people listen to the name XXX when they listen to the music
    5. Those people are more likely to buy XXX's YYY
    6. Profit !!!
    1. Re:There is lots of free music out there by vidarh · · Score: 2, Interesting
      You don't even have to encumber it by advertising if they'd do it as part of a larger campain.

      In the UK, Levi's used Haendel's Sarabande from his Suite in D minor for an ad back in 2002/2003. The piece was relatively unknown by the general public, but as a result of the ad the largest classical radio station kept getting huge number of requests for it for months, many of them just for "that song from the Levi's ad", and whenever they'd play it, they'd refer to Levi's as well.

      To this day I'd expect most people in the UK who recognise it to think of the Levi's ad and most of them likely won't know where the music is from.

      All Levi's would have had to do to capitalise of that was to - in at least some of the advertising slots - include a URL that hinted that you could get the music there, and they'd have a great opportunity to both spread it and to get people to watch more of their promotional material.

      Add to that tagging the music with the URL and a mention of Levi's and the ad, and put the ad itself for download on the same site and they'd get a significant boost over the ad by itself - in cases like this, where the ad was actually very good by itself, you might even find a significant number of people would like to see the ad again.

      (For an interesting take on this particular ad before it started running, see this article in the Telegraph)

  50. There are other download sites available. by desolation+angel · · Score: 2, Informative
    The BBC when advertising its own products or providing something, has to mention that there are other products available.

    It has also done so in this case: Other services offering downloads of classical music

    --
    This time I could be arsed.
  51. Re:The BBC is wonderful/terrible by vidarh · · Score: 3, Informative
    When it comes to the TV programmes, it is important to realise what the BBC's mission is. It is NOT to be in a ratings war with the commercial broadcasters. In fact, the BBC was recently told to reduce it's programming in several niches it had been one of the pioneers in because the commercial broadcasters now fill that niche (property shows, for instance). As a result, outside of a core of programs with mass appeal, a lot of what you will find on the BBC falls in categories that are intended for relatively small market segments.

    That said, I find myself watching more and more BBC - partly because as their number of channels have gone up I've found more shows fit.

    The upside is of course that since most shows on BBC are relatively free to experiment and not have to be commercial successes, there are often real gems to be found that doesn't get ruined by trying to target the lowest common denominator of a very diverse population.

  52. Re:No by Alsee · · Score: 5, Funny

    You're nothing but a theif who wants to be able to steal the property of people who died more than 300 years ago. Property is property, and property rights do not expire.

    I am a decendant of Ug, inventor of fire. Every time you light a cigarette you owe me a license fee for using my Intellectual Property. Pay me biatch. :)

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  53. It ain't free by AgeOfUnreason · · Score: 2, Insightful

    Err Its not actually free. We (Brits) pay a license fee and therefore we have a right to access those performances since we paid from them. If this case wins then ITV and other non-license fee channels could argue that all free t.v is illegal!

  54. Re:No by odourpreventer · · Score: 2, Interesting

    First I need to know how the post above can get a "Score:5, Informative" rating? I get the impression the poster doesn't know what he's talking about.

    ... no-one has any legal grounds to do so

    Actually, yes they do.

    The BBC is perfectly within its legal rights to do what it is doing.

    Not necessarily.

    This is about government funded activities competing with private ventures, and is actually a big problem for many companies. A friend of mine who owned a restaurant was put out of business by a neighbouring restaurant financed by tax money.

    Morally, I can't tell who's right in this case. Legally, the "idiot cry-baby" is making a valid point. The problem is, where do we draw the line?

  55. Re:It's then copyright to the person that arranged by Alsee · · Score: 2, Interesting

    Like if I were to get some Motzart sheet music, and then make a MIDI out of it, rander that to digital using synthesizers, I'd own the copyright.

    I can't resist pointing out that if I also created a MIDI that I would own the copyright on my version. In fact my copy and your copy can be bit-for-bit identicial. If someone else then publishes that bunch of bits it is impossible to tell if that is perfectly legal or if it infringes your copyright or if it infringes my copyright until we find out where the got the bits.

    What Colour are your bits?

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  56. BBC Beethoven Symphonies by schriebmaschine · · Score: 2, Interesting

    The recordings were issued as part of the BBC's fantastic Beethoven season, which included the broadcast of his complete works on Radio 3 and some terrific television programmes. This is what we in the UK pay our licence fees for, and I felt that this season well and truly earned my entire licence fee for 2005! The record execs are (1) barmy, and (2) entirely unjustified in their attack on the Beeb. What next, should we pay royalties to reveal news stories by word of mouth to our family and friends?

  57. Unfair competition by CaptainFork · · Score: 2, Funny
    The commercial distributors have a point.

    - Consumers are being forced to pay for the BBC to produce those recordings via the BBC's license fee, which is a compulsory tax for those with a TV set. This means that to buy the commercial version you must pay for both: hardly fair competition.

    - Due to the huge size of the BBC it can empoloy monopolistic tactics such as using a loss leader to kill off competition. It can also afford to buy any technology it needs even if that technology was developed at risk by smaller commercial organisations.

    - In the absence of commecial competition, how likely is the BBC to continue providing this content at the same quality and price. The BBC is mandated to provide free TV, radio and website, but all other aspects of the business are revinue-generating.

    Basically, the BBC should avoid doing what can be adequately be provided by the commercial sector. Thing like classical recordings made by the BBC are not free; they will be paid for by us one way or another.

  58. You should be glad, I call it civilization... by vhogemann · · Score: 2, Insightful

    There are a lot of silly lawsuits these days, but sure they're a lot better than agression, murder, corruption or robbery cases.

    Also it seems that the common citzen has easy access to the justice, and this is a wonderfull thing. And even better, it shows that the common people can relly on the public defensors when they're accused.

    Here at Brasil justice is a thing for the elites, and the commom man, the poor one, don't really has access to it. Also, there is a lot of corruption in our judiciary system... since the judges are indicated, and not elected, and has all sorts of privileges and imunities.

    So I for one, think that the amount of silly, or even stupid, lawsuits are a indication of how democracy, and the citzen rights, are respected and valued. Since even this kind of nonsense has it's place before justice... at least it means that everyone has a chance to be listen.

    --
    ---- You know how some doctors have the Messiah complex - they need to save the world? You've got the "Rubik's" complex
  59. Re:No by bill_mcgonigle · · Score: 4, Interesting

    things that he and his associates are trying to sell

    What's more, people in his line of work have (had?) a habit of going to Iron-Curtain principalities to get their orchestras to record the classical works so they could just pay them a couple thousand dollars for all rights to the performances and then never pay royalties or share of profits, which western orchestras would require.

    Check out the credits on the typical classical CD's in the record store next time you're in.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  60. The Industry Deserves to Die by Bullfish · · Score: 2, Interesting

    Industries that behave the way the entertainment industry has deserves to die. Rather than adapt to the changing nature of their audience they are willing to attack that audience to preserve it. Kind of a cull I guess in their twisted logic.

    There is a certain danger for people who sell stuff that people don't "need" pissing off the people who might buy their products. I haven't bought a CD or DVD in five years, partly because there is so little stuff worth having and partly because every time I hear something from the industry, it just pisses me off a little more. Over time, I have found out I don't miss the stuff. I listen to music on the radio and on discs I already own, as well as watch TV, but beyond that I do other stuff that does not contribute to their bottom line. I don't boycott anyone directly, I just don't make an effort towards any of these offerings and have found I can exist quite happily without them. Plus I have more money for when I do want to indulge myself.

    Companies that feel they are entitled to a level of profit from the public will do more damage to the economy that any group of terrorists.

  61. Free Haircuts - A Real Story by airship · · Score: 3, Interesting

    Recently in Iowa City (my hometown) there was a guest editorial in the local newspaper complaining that allowing the city's firemen to give one another free haircuts deprived local haircutters of their livelihood. The Mayor and the City Council got on it right away and banned the city's firefighters from giving each other haircuts. (True story.)
    So anything you do for somebody else that could potentially make a profit for anyone who is in business is now illegal? You can't give a buddy a free beer, because that deprives the local bar of business. You can't have friends over for dinner because they might have gone to a restaurant for dinner. Heck, you probably can't even have sex with your significant other, because they might have gone to a prostitute!
    I hate the 21st century. I think I'll to out and sue somebody.

    --
    Serving your airship needs since 1995.
  62. Context: BBC has requirement not to stifle market by evilandi · · Score: 2, Informative

    One of the things that has been forgotten here, is that the BBC has in its constitution, the requirement that it does not stifle the free market.

    There is nothing in UK law [1] that prohibits the BBC nor anyone from releasing noncopyrighted music.

    However, UK law isn't what's at question here. What's at question is whether the BBC broke its own rules.

    The BBC is funded almost entirely by a tax on television ownership, and overall control belongs to an unelected body appointed by the government. Part of the BBC's responsibilities are to foster the broadcasting market in the UK, a small country that would otherwise be drowned in foriegn imports. This means balancing making more programmes to encourage the market in areas where it is deficient (for instance, classical drama), making quality programmes in areas where competition might otherwise drown the market with low-quality products (for instance, soap operas), and making no programmes in areas where the market already produces diverse quality (for instance, AOR).

    [1] Actually there are hardly any UK laws, England, Wales, Scotland and Northern Ireland have different legal systems. Usually English and Welsh law is identical. Scottish and Northern Irish law frequently differs.

    --
    Andrew Oakley - www.aoakley.com
  63. it's not "free" by cahiha · · Score: 2, Informative

    The BBC is paid for by fees that anybody with a television is required to pay. So, no, whatever you get from the BBC isn't free, it's paid for. Given that the BBC produces some of the best programming anywhere, I think that's still a good deal.

    Is it unfair? No. Contrary what companies want you to believe, they exist only because the public lets them. We can dissolve corporate charters, hand out monopolies, regulate companies, put companies under state control, and destroy business models. The only thing we can't do is disown people: people can get whatever their shares are worth after we, the people, are through with doing to a company what we think needs to be done to a company.

    As a rule, we don't do a lot of unnecessary things to companies because it is bad. But people need to be reminded every now and then that corporations only exist for our benefit as a society, not for any other purpose.

  64. OT: Moderation by Anonymous Coward · · Score: 2, Insightful

    Sometimes I think we need a (+1, Sarcasm) moderation that is a blend of funny & insightful ...

    If the byteme email address wasn't obvious enough, I fear lest the sarcasm be lost on grandparent otherwise.