Slashdot Mirror


Gracenote Defends Its Evolution

In the beginning was a music recognition database called CDDB, and it was good. Now, people accuse Gracenote of stealing its success. CDDB and Gracenote architect Steve Scherf sets the record straight.

30 of 136 comments (clear)

  1. Very bizarre outcry from the techies... by dada21 · · Score: 4, Insightful


    I've never really understood why people are angry at GraceNote. If you put information out into the world, expect others to copy it. Expect some to take it and make it profitable. Expect someone to get some gain out of it that you might not be able to or even want.

    Yes, there are various State-run ways to try to protect content or ideas (copyright, trademarks, patent, etc). These are useless for everyone but the ultra-powerful who can afford to litigate copyright infringement. Don't believe me? Try to battle someone copying your music, art or words.

    My own sites ALL repudiate copyright -- I release it into the public domain, and even tell people to stick their own name on it. I make my profit two ways: I gain incredible information from the replies on slashdot or on my blogs or forums (that's free information from you to me), and I leverage that information into my "real life" of consulting and speaking engagements.

    If you reply on slashdot, theoretically you own the content of your post. But how many people take your post and use it to form their own opinion? Who owns the newly formed opinions? In my mind, no one, ever. Sure, you may have submitted some CD information to CDDB, but who is to say that the information is unique to you -- and even if it was, who cares what CDDB did with it if you gave it away freely. Even if you put a restriction on it, how are you going to stop CDDB from changing its business model? If Linux all-of-a-sudden was ripped off completely by a big company and sold commercially, how would you fight it? With what funds?

    What Grace Note did might seem mean or wrong, but I don't see a problem with it. People volunteer information for free all the time (see slashdot or any blog's comments). Other people use this and work hard to find value out of that information for others. It is the continued labor of working that is valuable to the market, not the one-time work that someone hopes to make repeated profits on.

    1. Re:Very bizarre outcry from the techies... by Anonymous Coward · · Score: 2, Insightful

      Actually, it's hardly bizarre at all. Please, consider that we contributed our time, in some cases for years. What did we receive from CDDB in return? Nada. Nor was our input sought or our positions considered. As well the transition from CDDB to freeDB was far from painless.

      Personally I've yet to hear a single positive benefit to the public from the privitization of CDDB.

    2. Re:Very bizarre outcry from the techies... by geoffspear · · Score: 2, Funny

      I, for one, will drag you into a protracted legal battle if you try to turn my Slashdot comments into a book and sell it for a profit.

      As for influencing opinions, I hardly think even the most fascistic copyright fanatics in the RIAA, MPAA, or BSA would argue that a changed opinion is a derivative work.

      --
      Don't blame me; I'm never given mod points.
  2. From the article... by CRCulver · · Score: 3, Insightful

    This may sound hypocritical when you consider that Gracenote's own client software is closed source. To be frank, I have had little say in the matter of open-sourcing Gracenote software, so my opinions on the subject don't necessarily reflect that of the company.

    How can the company be adequately defending itself if these pleasant comments are coming from a guy who's not really in charge at all? Having read the article, I have some respect for this employee, but it hardly means that Gracenote the firm no longer merits blame.

  3. What's there to set straight? by Roadmaster · · Score: 5, Interesting

    I like the tone of "we did nothing wrong, it was the investors' fault, and besides, all our functionality and data are already available through freedb".

    Yeah right, so the community had to duplicate a lot of the work that was "donated" to CDDB, while Gracenote profited from it without giving back. His point that the data before CDDB went commercial can still be downloaded is flawed; we're interested in what happened *after* you took all that hard work that you got for free and started charging for it. Besides, that's not "giving back"; that's "whee, we're making a boatload of money here, but hey, have some leftovers of the WORK YOU DID FOR US which we happened to leave behind!".

    That's ok, I think the community did a good-faith effort and look how things turned out. I'd say no hard feelings, but I also don't think CDDB can expect a lot of community support or understanding in the future, pretexts and explanations nonwithstanding.

    1. Re:What's there to set straight? by Roadmaster · · Score: 2, Insightful

      While you're right that legally Gracenote did nothing wrong, morally their actions were pretty nasty, because they took all the information that the community input into their database *for free* and then started making a profit out of it without giving back to the community. And "all the data you input up until we went commercial is here for you to use" doesn't count. Imagine if Wikipedia suddenly said "well, so long and thanks for all the fish, we're going commercial, oh and by the way, here's the archive of all your contributions so far, feel free to use it for whatever while I become a billionaire". Legal? yes. Feels right? nope.

      Like you (and I) said, Gracenote were completely within their rights to do what they did. However they pissed off a community which helped them in good faith only to see access to community-generated data become commercial and closed. A lot of work had to be duplicated (freedb didn't come out of thin air you know). Community is not going to sue or anything, just don't expect us to have any sympathy for Gracenote.

  4. Re:It was good? by ari_j · · Score: 2, Funny

    I think that the blurb was more of a failed attempt at invoking a bad cliche than it was factual. Face it - the writing and editing here have always sucked and will always suck in the future. You just have to tune out the bad cliches, bad grammar, bad spelling, and bad humor. That usually leaves you with a link to an article, and if you use Google you can usually find the actual information that the article is re-reporting. That said, if you can't beat 'em, join 'em: never RTFA and post lots of comments. Doing anything else will grind the system to a halt. :P

  5. The gift is a blessing to the giver by uab21 · · Score: 2, Insightful

    Why should someone be upset that Gracenote is using community donated data commercially? It's all still out there free (freedb? don't have linky). If you give something away (CD information, $5 to the bum on the street, winning lottery numbers), what the recipient does with it isn't your problem or responsibility. Either you are giving it away, or you are trying to elicit payment of some kind (without specifying what you want - should you be surprised that you don't get it?), in which case, you aren't giving it away. Anyone concerned that their data is being used has a problem with the entire concept of 'donate'

    1. Re:The gift is a blessing to the giver by FroBugg · · Score: 2, Informative

      Freedb only exists because people built it from scratch after CDDB started charging. What would you say if Freedb suddenly locked down and started charging? When people contributed to CDDB in the first place, it was with the understanding that they were contributing to a free service that would help them, their friends, and everybody. Gracenote took advantage of them.

    2. Re:The gift is a blessing to the giver by StillAnonymous · · Score: 2, Insightful

      I'm absolutely apalled that you can turn this around on the people that were duped in this situation. I really don't know what to say...

      So I share something with you in good faith, you turn around and now try to charge me for the very thing I gave you, *I* am the one in the wrong because I am upset with your actions???

      If you ask me to pass you a knife at the dinner table, you're damned right I expect you not to stab me in the back with it. I don't think things like this need to be spelled out in contract ahead of time.

      That's a very twisted set of morals you have, there.

  6. Why did people submit data to cddb? by leehwtsohg · · Score: 5, Insightful

    I submitted data to cddb. Why did I do it? Why take the time to type in the tracks?

    Because I thought that I am submitting my data to the public. I thought that if I submit my data, so will others, and we'll have a public resource that everybody can use. But suddenly, that public resource turned private - I could not use it freely as before. They tricked me into giving them a resource, and then treated it as if it is their own property.
    It is as if I gave a dollar to a public project - say a server to run slashdot on, thinking that if everybody contributed a dollar to that resource, then the public will have a resource - slashdot will have a fast server. And then slashdot suddenly turned around, took the $100k that people contributed, added another $100k from their own money, and said that now you can only access slashdot under certain conditions.
    It is true that what they did was legal, but I think it was highly unethical. They for sure tricked me out of 5 minutes of my time.

    1. Re:Why did people submit data to cddb? by dada21 · · Score: 2, Insightful

      Are you being funny or serious?

      There's a lesson to be learned -- when you share your information, expect others to take advantage of it if they can find a way to make a gain that doesn't hurt you. You admit you spent a whopping 5 minutes submitting something for others to use. Someone decided to use it. The information that you submitted is probably still there in FreeDB, or was perfected by someone else. It doesn't go away.

      Gracenote decided they had to move CDDB from a public resource to a private one because the demand dictated it. If they left it up to the public, it would wither away from a competitor -- and then all your "hard work" would be gone. Your information is still helping the public (how many of us pay directly to use Gracenote), but now someone is charging in order to keep that information there for as long as there is demand for it.

      If you wrote free e-books that anyone else could write in 5 minutes, and someone hosted them and then said "we have so much demand that we have to charge for downloads" would you rather have your e-book deleted forever, or have it still exist and have someone charge for the services they provide -- the ongoing labors that are worth money, not the one-time-gimme-money mentality of the pro-copyright crowd. (Note, the e-book isn't a just comparison, but I'm simplifying it)

    2. Re:Why did people submit data to cddb? by Rob+T+Firefly · · Score: 5, Insightful

      Exactly. It's comparable to Wikipedia and other public knowledge infodumps. In the case of Wikipedia, the whole thing is run by a nonprofit foundation with all its policies, including all the legal terms you're releasing your contributions under, out in the open for all to see. It's a pretty safe bet that the Wikimedia foundation won't all of a sudden charge mandatory access fees and get rich off of what its users have spent years building up in good faith.

    3. Re:Why did people submit data to cddb? by MasterC · · Score: 2, Interesting
      http://en.wikipedia.org/wiki/Wikipedia:Database_do wnload

      follow the links or

      http://download.wikimedia.org/

      It's a pretty safe bet that the Wikimedia foundation won't all of a sudden charge mandatory access fees...
      The very content they'd lock up under fees is currently downloadable so if what you "propose" happens then things boil down to two questions: who's got the latest dump and who's gonna host it? It's all GFDL (ignore the whole image/fair use thing) so there's nothing legally there for wikimedia foundation to stop this from happening. Heck, places like answers.com already take the dumps and use them.
      --
      :wq
    4. Re:Why did people submit data to cddb? by ronanbear · · Score: 2, Insightful

      Personally I'd prefer if Wikipedia had a small few (maybe adsense) ads so that I could support them by viewing ads.

      Wikipedia could even have it set to logged in users don't see ads or have an opt-in ads system. Instead what I see are dozens of sites which copy wikipedia content, add ads and make it more difficult to search Google (Google is less relevant if 5 of the top 20 searches are just rehashed wikipedia articles further down the list).

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
    5. Re:Why did people submit data to cddb? by Quaryon · · Score: 5, Informative

      I don't know how it works now, but if I recall correctly the big change that happened when CDDB became Gracenote was that they started insisting on a fee to be paid by application developers wishing to write code that would connect to their database. You would need some kind of unique developer key to connect, which cost money. This immediately meant that all the open source software that was previously able to use CDDB was suddenly without an information source for some of their functionality. It took some time for freedb to be set up with servers that could handle the required load, and for all the end-user application software to be able to redirect to those servers. This is the fundamental reason why a lot of people got very upset with Gracenote, because there was a time when all the information freely submitted to CDDB was unusable, as none of the pieces of OSS that people were using were able to access the data.

      So, you may not pay money yourself, but that doesn't mean that money is not changing hands in order for you to be able to use that feature.

      Q.

    6. Re:Why did people submit data to cddb? by Anonymous Coward · · Score: 2, Insightful

      Dada, you are usually a pretty reasonable person, so I think you must not understand what Gracenote did, or else you wouldn't be defending them so vigorously.

      All the CDDB data that users contributed was *locked up* by Gracenote. You seem to be thinking that Gracenote started selling freely available content, but you are wrong. They took what everyone *assumed* to be freely available content, locked it up, and started charging people for it.

      Many people contributed to CDDB under the assumption that it was a public creation, and that the data was in the public domain and/or free of copyright. But it was not, and when the database got big enough, Gracenote locked it all up and told people that they had to pay for it if they wanted to access it any more.

      In order to have a free version, the *entire* database had to be re-created from scratch under a license that made it clear that it could not be locked up again.

    7. Re:Why did people submit data to cddb? by leehwtsohg · · Score: 4, Interesting

      I have no problem with them using the info that I contributed for their own cause. I have no problem with people selling linux, or the wikipedia on a DVD. My problem is that they do not make the public part of their database - the part that was contributed by 1000s of users - freely available to the public. The fact that they only stole 5 minutes of my time doesn't make it any less of a theft.

      If they had announced ahead of time "please contribute to our database, and eventually we will change the access rights so that only qualified clients can access the database.", I am not sure that I and other people would have contributed our time (i.e. money) to them. (and I mean client in the sense of computer program, not customer).

    8. Re:Why did people submit data to cddb? by arodland · · Score: 2, Insightful

      If you thought you were submitting your data to the public then you weren't thinking very hard. It should have been more than obvious that you were submitting your data to a private party and permitting them to do whatever they felt like with it. If you weren't happy with those terms you should have demanded different, or not made your submission at all. Since you didn't do either, your actions gave Gracenote full permission to take your submission and sell it. Don't like it? Act differently next time.

    9. Re:Why did people submit data to cddb? by Rakarra · · Score: 3, Informative
      Now, I don't remember what the original submission disclaimer for CDDB was, but I don't see anything legally -- or morally -- wrong with what Gracenote has done.

      I see something ethically wrong with one thing Gracenote has done.

      Gracenote has sued other companies (such as Roxio) that have used FreeDB, saying Gracenote owns software patents to CD-identifying technology. That so many people worked to contribute to a freely-available resource, only to have that resource closed and then have the closer use lawsuits to attempt to stifle competition came as a slap in the face. Now, this was five years ago, and maybe Gracenote has behaved themselves since then, but after that I chose to use FreeDB instead.

      And no, Gracenote did not "release the database to the FreeDB," FreeDB copied a two-year-old mirror that had been made before Gracenote was formed, before it closed the database. Gracenote's position has been that the data was owned by them. In fact, they used the arguement that XMCD added copyright tags to each submission setting the copyright to the CDDB maintainer, copyrights which then passed to Gracenote when they were formed and said maintainer was an employee.

  7. Was it good? by amightywind · · Score: 4, Informative
    In the beginning was a music recognition database called CDDB, and it was good.

    Anyone who has worked with CDDB would disagree. Jamie Zewinski provides a detailed summary of its shortcomings. That someone steps forward as its "architect" makes me chuckle.

    --
    an ill wind that blows no good
  8. The REAL issue... by Anonymous Coward · · Score: 2, Interesting

    ...is not so much that Gracenote took CDDB and closed it. The REAL issue is that Gracenote's contractual agreements with vendors like Apple (f.e.) preclude Apple (f.e.) from implementing a choice in track databases for iTunes.

    You use Gracenote in your software, you're prevented by your license from allowing users to choose freedb.

    That's suck turned up to 11.

    What good is the original db being available, open, free if no one can realistically use it in the real world?

  9. Don't bother... The questions are never answered. by dozer · · Score: 4, Interesting

    Wired: You built your business upon data donated in good faith by your users.

    Steve: blah opnion blah done before Ti Kan blah.

    Wired: To charge them for the data that they sent in? Doesn't that seem wrong?

    Steve: blah blah investors market blah FreeDB still exists..

    Wired: But you forced the community to produce FreeDB as a last-ditch resort. It was a needless duplication of a huge amount of work.

    Steve: blah not greed blah GPL blah blah.

    I read that whole smarmy article hoping that we'd finally get a decent answer. No dice. It's just a bunch of wandering by a guy who has gone to the McNamara school of interviewing ("don't answer the question you were asked, answer the question you wish you were asked"). But it's easy enough to counter this trick: just keep asking the question that you want answered.

    Wired, you let him off the hook easy.

  10. Profit is ok, but screwing your supporters is not by haggie · · Score: 2, Informative

    I wish Gracenote all the best in making a profit off the data they collect. What I find disappointing and a betrayal of its own users/data providers is Gracenote's latest for-profit initiative to use its database to pursue those that the RIAA and labels very loosely (or often inaccurately) define as copyright violators. So, it could be possible that data I provide to Gracenote could be used against me by Gracenote to assist the RIAA or their cohorts in one of their heavy handed copyright suits. Nice...

  11. I always wondered if it was based off my idea.. by Renesis · · Score: 4, Interesting

    In 1995-1996 I was running a popular web site I set up called The CDPLAYER.INI Project.

    It worked with the Windows CD Player / Media Player application which identified CDs as long as the tracks and titles were in an INI file in your WINDOWS folder.

    People would e-mail in their albums as text snippets and I would add them to the INI which users could download. There would be a new version practically every day.

    It hit the buffers when the file got to 64K, which was the maximum size of an INI file in Windows 95 - then it had to start being partitioned and the need for a custom application became apparent.....

  12. Re:Don't bother... The questions are never answere by dkleinsc · · Score: 2, Insightful

    What, did you expect him to say:

    "We screwed our customers over big time, but it is perfectly legal so everything's fine. Also, we really don't care about investors either, and anything that goes wrong is their fault. We have a bad business model and are just trying to profit from other people's misery instead of innovating."

    If he had actually answered the question truthfully he would have been fired.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  13. iTunes plays a big part as well by TobyRush · · Score: 2, Informative

    I wrote a little freeware app for the Mac (NetCD) which used the then-free CDDB, and its development ended as I watched the MacWorld Keynote where Steve first announced iTunes. I wasn't bitter and still am not... iTunes did it right, and I was happy to see it (and know it was free).

    The fact that iTunes used CDDB (and they actually managed to engineer a different agreement that was better than what the rest of us developers had... probably because Apple paid Escient to do so) was what really ensured that FreeDB would stay on the sidelines. When the CDDB was free, there was no need for FreeDB; during the short time after Escient bought the CDDB and before iTunes came out, FreeDB was growing steadily but hadn't achieved enough fame to move ahead of the CDDB. When iTunes came out, Joe User, when asked where the track names were coming from, would answer "iTunes puts it there." The CDDB (and FreeDB) was nurtured by geeks and hobbyists; Escient's (and Gracenote's) version was/is used and abused by consumers.

    --
    Sam! If you will let me be,
    I will try them.
    You will see.
  14. CDDB is dead by 3dWarlord · · Score: 2, Informative

    MusicBrainz is the future.

  15. Oh he can go sc3w himself... by gmezero · · Score: 4, Informative

    "More importantly, the focus and dedication required for CDDB to grow could not be found in a community effort. If you look at how stagnant efforts like freedb have been, you'll see what I mean."

    FreeDB has had problems from day one because Gracenote sued companies who tried to use alternate lookup systems. They sued FreeDB at one point over the database's content and raised questions over patent ownership and copyright ownership of the database. They've been complete bastards and he can go F himself over a 100% disingenuous statement like the one above.

  16. Steve who? by Rich+Klein · · Score: 2, Informative

    I started using CDDB in the mid-90s, but I don't know Steve Scherf from a hole in the wall. The name I associate with CDDB is Ti Kan, and even wikipedia lists Ti Kan as the inventor of CDDB. It doesn't say anything about Scherf being the "co-creator". IIRC, Ti Kan also had a really nice Audi Coupe Quattro that was featured in european car.

    --
    -Rich