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Danger Mouse Releases Blank CD-R To Spite EMI

An anonymous reader writes "DJ Danger Mouse famously fought with EMI over his Beatles/Jay-Z mashup, 'The Grey Album,' and now seems to be battling with the label again. Rather than release his latest album and face legal issues with EMI, Techdirt is reporting that Danger Mouse will be selling a blank CD-R along with lots of artwork, and buyers will be responsible for finding the music themselves (yes, it's findable on the internet) and burning the CD."

57 of 296 comments (clear)

  1. I know its for a legit reason... by mc1138 · · Score: 5, Funny

    But doesn't this seem like the height of laziness?

    1. Re:I know its for a legit reason... by AC-x · · Score: 5, Insightful

      Looks more like an extremely clever political statement to me. Surely the hight of laziness would be to do nothing at all, rather than sticking it to the man??

    2. Re:I know its for a legit reason... by xp · · Score: 3, Insightful

      Hopefully EMI has not licensed the silence of a blank CD.
      --
      Do you have slow friends?

    3. Re:I know its for a legit reason... by MrNaz · · Score: 5, Funny

      They haven't because they can't. They'd get sued by Simon and Garfunkel.

      --
      I hate printers.
    4. Re:I know its for a legit reason... by EdIII · · Score: 5, Insightful

      But doesn't this seem like the height of laziness?

      Actually, it's the height of fucking brilliance. Super Genius even.

      Think about it.

      1) He gets the money. He is only selling a blank CD-R which is 100% legal. Fry's electronics does the same thing. There is artwork provided, which are original works (AFAIK).
      2) He is *actually* delivering a license to the customer, in a very indirect fashion :)

      What he is basically saying, is that you paid me for this. So IF I did have a copyright to the work, that you may or may not find on the Internet someplace, you would be granted (by Danger Mouse) the right to use it. Or, in other words, I would not pursue you for copyright infringement in the event I ever actually get a copyright for the works you find, that may or may not be created by me.

      Nobody really knows.

      It's not laziness at all :)

      He is selling you an item that may exist in the future, with no guarantees that it will even exist at all.

      It's totally cool, well thought out (we will have to see what legal attacks are brought against this), and I entirely support it.

      If you thought it was lazy because he was not getting into a legal battle with EMI over this, look at it another way: He just thought outside of the box and accomplished everything he wanted in way that he can't be immediately stopped from doing.

      It will be one impressive fucking scum bag lawyer that can argue that sale constitutes copyright infringement. David Copperfield lawyerin' in the courtroom.

      This was the most entertaining Slashdot article in months!

    5. Re:I know its for a legit reason... by _KiTA_ · · Score: 4, Insightful

      Hopefully EMI has not licensed the silence of a blank CD.

      No, but they have retained several hundred lawyers that will be more than happy to use the "Napster Offense" on this.

      "He's encouraging piracy and thus he should have to pay us $iEnoughToRuinHim!"

    6. Re:I know its for a legit reason... by buchner.johannes · · Score: 2, Interesting

      Or, in other words, I would not pursue you for copyright infringement in the event I ever actually get a copyright for the works you find, that may or may not be created by me.

      I'm not that familiar with the US legal system, but can't anyone sue for copyright infringement?

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
    7. Re:I know its for a legit reason... by EdIII · · Score: 3, Informative

      Well I did say, "maybe or maybe not" quite a few times. That was the point. The whole thing is "implied", and that implication is quite vague at best.

      The strength of his tactic is that the sale of the blank CD and artwork is never directly linked with the allegedly unauthorized derivative work.

      You can have all the implications that you want, a judge is still going to want to see an act of distribution associated with that sale. At best, EMI can claim he created the work and allowed it to be distributed, but that is actually quite different from selling it.

      Since there is no act of distribution with monetary gain, it would have to be pursued by EMI differently. Of course judges and juries can be fickle, but it would by no means, be as a strong of a case had the CD not been blank and contained the actual music.

    8. Re:I know its for a legit reason... by the_womble · · Score: 5, Informative

      Actually, he might just get sued by whoever now hold John Cage's copyrights

    9. Re:I know its for a legit reason... by multisync · · Score: 5, Interesting

      I'm listening to it now.

      I'll buy this CD, and I hope others do as well. It sends a good message to the public that the **aa-types are wrong when they content people won't pay for music if you give it to them on their terms. Same with In Rainbows. I'm also really interested in the David Lynch artwork.

      The irony is I rip CDs to my media server as soon as I buy them and put them away for safe keeping, so burning the album to a blank will be a purely symbolic - and ass-backwards - gesture on my part.

      --
      I don't care why you're posting AC
    10. Re:I know its for a legit reason... by Opportunist · · Score: 2, Informative

      Dunno about you, but there are two kinds of offenses here: Official and personal.

      If you know someone breaks a law punishable by official code (murder, rape, anything with a "public interest"), you not only can but have to report it. The attorney general will in this case take control of the case and press charges regardless of your interest, because it is in public interest that those things get prosecuted.

      In a personal case (usually minor "crimes" like trespassing, slander, where it is maybe in your interest to get your right but the public certainly doesn't care), you can inform the person wronged about it and he (and only he) may decide whether to press charges or not.

      Copyright is currently, as in most countries, in the 'personal' branch of the law. The RIAA and its cronies are pressing hard to put it in the criminal (official) section, simply because it means less work and more "incentive" to rat on your friends.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    11. Re:I know its for a legit reason... by rpillala · · Score: 2, Insightful

      In addition, there is a cost associated with putting the music on the CD, which Mr. Mouse is refusing to incur because he knows that pirates aren't going to help him recoup that cost anyway. So his solution is to not put that money out at what is bound to be an unacceptable rate of return. That makes sense to me.

      --
      When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
  2. Comment by Penfold by Anonymous Coward · · Score: 2, Funny

    Crumbs DM!

  3. +1 by jeffhenson · · Score: 5, Insightful

    +1 Insightful to Danger mouse for finding a way to stick it to EMI.

    1. Re:+1 by PopeRatzo · · Score: 4, Funny

      the ultimate "woosh!"

      --
      You are welcome on my lawn.
    2. Re:+1 by IronMagnus · · Score: 2, Funny

      It is not a blank CD, it is a blank CD-R. VERY different.

    3. Re:+1 by Mordok-DestroyerOfWo · · Score: 4, Funny

      Or is it a CD-Argggh! I'll go ahead and hit myself for that one.

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    4. Re:+1 by Sal+Zeta · · Score: 3, Informative

      Sure you did. It's the DJ / producer behind Gnarls Barkley,that made the song "Crazy" some time ago.

      He even collaborated with the band "Gorillaz", which you "may" have heard in some iPod ad.

      Oh, he even took part to the documentary "Good Copy Bad Copy". He's not new to such statements.

  4. Crumbs, chief! by turing_m · · Score: 4, Funny

    It had to be said.

    --
    If I have seen further it is by stealing the Intellectual Property of giants.
    1. Re:Crumbs, chief! by gregg · · Score: 5, Funny

      Penfold, shush.

    2. Re:Crumbs, chief! by Maddog+Batty · · Score: 3, Funny

      Ooh-eck!

      --
      wot no sig
  5. I'm buying two. by downix · · Score: 5, Funny

    One to burn, one to keep on a shelf to then sell to some eccentric collector in 50 years. Retirement, here I come!

    --
    Karma Whoring for Fun and Profit.
    1. Re:I'm buying two. by rHBa · · Score: 5, Funny

      The irony is that it will be worth more to collectors WITHOUT the music on it!

  6. Handbag Music by turgid · · Score: 2, Insightful

    I hate techno handbag disco music like this, but you've got to give credit where credit's due. This is an excellent idea to highlight these very topical issues. Well done young man.

    I might even go out and buy the box of artwork and blank CD-R specifically to support this protest.

    1. Re:Handbag Music by PopeRatzo · · Score: 3, Funny

      Many Slashdotters clearly know as much about music as they do about the opposite sex.

      But I suppose that for you, everybody is the "opposite" sex.

      --
      You are welcome on my lawn.
    2. Re:Handbag Music by mr_da3m0n · · Score: 2, Funny

      I had no idea what the music sounded like, so I obtained the album for sampling purposes.

      I'm not quite sure how that can sound like anything remotely close to "techno handbag disco". I hear no techno, no disco, and even worse, no handbag.

      LTTFA?

    3. Re:Handbag Music by TheRaven64 · · Score: 5, Funny

      And don't get me started on debuggers.

      We can't - you shipped with symbols stripped.

      --
      I am TheRaven on Soylent News
    4. Re:Handbag Music by turgid · · Score: 3, Funny

      We can't - you shipped with symbols stripped.

      I had to make it fit on that 360k floppy somehow.

    5. Re:Handbag Music by Thing+1 · · Score: 3, Funny

      I hear no techno, no disco, and even worse, no handbag.

      Just as bad: no wife, no horse, no mustache.

      --
      I feel fantastic, and I'm still alive.
  7. I hope this catches on, big time by Mathinker · · Score: 5, Interesting

    Frankly, I think that the idea is rather ingenious. I already sense a horde of lawyers sniffing the judicial currents, wondering if this could be prosecuted as encouraging copyright infringement. That should be an interesting case.

    Offhand, I'd guess it hinges on whatever public statements have been made by Danger Mouse on this topic.

    Another legal issue I'd be interested to come to court would be if the mashup as provided on the net didn't actually include any material under copyright, i.e., it was just a bunch of editing instructions which could be used by a computer program to which the user provides The White Album as input. It might be hard to prove that that is still clearly a derivative work of The White Album if the program would produce output (even gibberish output) given other music as inputs.

    1. Re:I hope this catches on, big time by Hurricane78 · · Score: 4, Interesting

      Well, I would make a double-sided CD/DVD. The real pressed long-lasting DVD side is a LiveDVD that boots an OS, downloads the tracks via torrent, and mixes them with a script, in the DJ's style, with a bit of individuality for every buyer. Then it burns the tracks on the CD side. (After asking you to turn it around.)

      Meanwhile, the minimalistic, but cool looking OS shows a video of the guy mixing the stuff in his studio, with completion percentage. And while burning, it plays the tracks, with a video of him DJing. The images would fit the sound. And the downloads would be fast and lossless. (So you do not have to run that thing forever, but have a nice show meanwhile.)

      Now THAT would be an ingenious concept. :)

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
  8. Will stores be allowed to sell it? by CastrTroy · · Score: 3, Interesting

    The big question is, will music stores be allowed to sell it. Will retailers who sell this be blacklisted by the distribution chain? EMI and the RIAA have a lot of influence in how their music is distributed. How long until retails get jacked up prices from their distributor for other music for selling this?

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  9. not just "lots of artwork" by Anonymous Coward · · Score: 5, Informative

    It's a 100+ page BOOK of David Lynch photography.

    1. Re:not just "lots of artwork" by Anonymous Coward · · Score: 2, Funny

      It's a 100+ page BOOK of David Lynch photography.

      Great. A hundred pages of dead cats and deformed babies.

  10. here's the plan by Chewbacon · · Score: 3, Interesting

    I think he maybe planning to "leak" that music he's talking about. Fans will be able to download and add the music to it. Make sense to me.

    --
    Chewbacon
    The Bible is like Wikipedia: written by a bunch of people and verifiable by questionable sources.
  11. Links by definate · · Score: 4, Informative

    Here's a direct link to listen to the music:
    http://www.npr.org/templates/story/story.php?storyId=104129585

    Or to download it use this torrent:
    http://www.demonoid.com/files/details/1922583/2325666/

    --
    This is my footer. There are many like it, but this one is mine.
    1. Re:Links by definate · · Score: 3, Informative
      --
      This is my footer. There are many like it, but this one is mine.
    2. Re:Links by hoarier · · Score: 3, Funny

      Or http://www.filedropper.com/darknightofthesoul2009

      Name one time government did any good.

      Let's see now . . . the aqueducts?

    3. Re:Links by Thinboy00 · · Score: 4, Insightful

      eww, a .rar!

      --
      $ make available
  12. Re:Who has the recording rights to John Cage's 4'3 by Rip+Dick · · Score: 3, Insightful

    how is a blank cd the same as a recording of silence?

  13. Re:Just keep by Anonymous Coward · · Score: 2, Funny

    Don't do it! It's a virus that will delete the ZONE ZERO (the center of your computer hard disk) and turn your home computer INTO A BOMB!!

  14. Re:Just keep by biggyfred · · Score: 2, Informative

    deltree hasn't been in Windows since Win 98, grandpa.

  15. I'd been wondering when this would happen by Gary+Perkins · · Score: 3, Interesting

    I actually had been thinking for a while this would be a good idea. The torrents aren't going to just go away, and the lawyers are spending a great amount of money that could be saved as profits. I'd been thinking that if the artists simply created the boxsets, artwork, and maybe included videos, they would probably come out ahead.

  16. Re:I just may be a pessimist by EdIII · · Score: 4, Informative

    I dont see how this is anything other than a superficial victory at best. after all, what steps can really be taken against corporate entities that will ultimately buy themselves "justice" and legislature?

    Wow. You really missed the point. The victory is not superficial. Quite the opposite. He can actually make money off this tactic. Every sale of his blank CD and artwork is revenue. Cash in hand. If he is getting money, it's a little hard to classify that as superficial.

    As for justice being bought, that is also where this victory is far from superficial. It will be very hard to demonstrate a link between this blank cd, original artwork, and an act copyright infringement against EMI's intellectual property. In order for justice to be bought, there *still* MUST be some sort of existing legal framework in which to prove damages occurred. I think you underestimate the resilience of his strategy and how will it could stand up to legal asshattery.

    Now as for the legislature, what law could you possibly create to stop this? You can't sell blank CD's with original artwork? The law would have to be so vague and subjective that it would hardly stand up to legal standards.

    I understand your cynicism and apparent bitterness, even share some of it, but this is still not that easy to stop, even assuming the whole weight of a corrupt and broken system behind it.

    The strategy deserves a little more applause and credit than you are giving it.

  17. Southpark did it! OH sorry i mean Greenday by eZtaR · · Score: 4, Informative

    Didn't Greenday already do this like five years ago?

  18. Hype. Awesome. by DavidChristopher · · Score: 5, Insightful

    Damn, I wish I thought of that.

    I'm quite surprised that nobody here can see through this 'protest' to it's true nature, that it's an excellent marketing gimmic. Danger Mouse has shown already that he's very good at marketing. Want great press? Fight a record label. (Even early in his career, he would wear a mouse costume - because he was to shy/stagefrightened to show his face - and then took the name dangermouse. Great hook right there. ) He's most definitely talented - having collaborated and produced some very cool artists (Gnarles Barkley, Gorilliaz) as well, each well marketed in it's own right - but this marketing ploy... I'm beside myself at it's simplicity and beauty.

    Give out blank CDs. ABSOLUTELY BRILLIANT. He's already getting amazing free press over this, and there's more coming for certain. I was reading through the replys to just this article here on slashdot, and found more than a couple of readers vowing to by multiple copies of the release just to show support. Multiple copies. Of A Blank Disk.

    I envy him.

    --
    http://www.bistolas.net
  19. Re:If roles were reversed? by IronMagnus · · Score: 4, Insightful

    If they used his work as a component in yet another derivative work? I'm sure he'd be just fine with it.

  20. Re:If roles were reversed? by drinkypoo · · Score: 2, Insightful

    I wonder how Mr Mouse would react if a record company decided to publish his copyrighted material without his permission?

    This is a derivative work based on someone else's copyrighted material. He's not just redistributing someone else's album. (-1, Disingenuous)

    Mash-ups are a great new form of creativity, but creativity doesn't give you free reign to publish other people's material without permission from the copyright holder.

    1) It's free rein. Like a horse. Don't use sayings and phrases you don't understand. Just don't. When you make assumptions it makes an ass out of you, and umption.

    2) If you had one tenth of the creativity of Danger Mouse you might be qualified to speak. You can barely tell where the music on the Grey Album comes from; I haven't heard this new one (yet) but if it's anything the same, then not distributing it is ridiculous. How do you hold copyright on a chord? Mashups increase the value of the original, just as covers do — how many original songs have you been totally unaware of until someone made an inferior cover, and the original regained popularity?

    Copyright was intended to benefit society. It's been twisted. We SHOULD take it back.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  21. Re:trying to pull NIN and Radiohead by drinkypoo · · Score: 2, Funny

    He is trying to pull NIN and Radiohead Internet buzz. However, this isn't going to work.

    You're dumb. The controversy over the Grey Album meant that thousands heard of it who had never heard of him (including me.)

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  22. Re:Who has the recording rights to John Cage's 4'3 by ZosX · · Score: 2, Insightful

    If there is no data, there is no recording. You can't infringe with just media alone. :)

  23. Re:If roles were reversed? by RiotingPacifist · · Score: 2, Insightful

    Creativity gives you just that, aslong as your not hurting sales of the other material ( nobody is going to buy the Grey album instead of the white album), then it should be fair use (and AFAIK is)!

    --
    IranAir Flight 655 never forget!
  24. Re:I just may be a pessimist by EdIII · · Score: 3, Informative

    Regardless of whether the act of distribution occurs on a physical medium, or a digital download the legal "issue" is copyright infringement.

    From what I understand, EMI is claiming that DJ Danger Mouse produces unauthorized derivative works (or flat out straight copies) of their intellectual property.

    It did not *have* to go on the CD. In fact, the whole point, is that the CD is specifically blank. He is not actually putting the music on the CD or selling it online. His whole strategy relies on the fact that you are paying him for something that is only connected to the music in the loosest sense possible. Legally it would be like nailing jello to the wall.

  25. He should have just gone in for the kill by hessian · · Score: 2, Interesting

    If he really wanted to make a political statement, he would have licensed the music or sued to get it licensed, and then released the CD with a statement revealing how much of the cost was license fees to the Beatles and Jay-Z.

    What we see instead is a protest statement, which smacks of impotence. Don't abandon your legal system to dickheads pretending to be lawyers; use the system and gain what you want legitimately, instead of trying to sidestep it like a teenager.

    1. Re:He should have just gone in for the kill by BlueStrat · · Score: 4, Insightful

      ...use the system and gain what you want legitimately, instead of trying to sidestep it like a teenager.

      The problem being that it can be fairly argued that the system is corrupt, owned by those interests with much much larger reserves of wealth. In a system in which you get as much justice as you can afford when it's working relatively normally & well, then adding in the additional corruption, the chances of the average non-wealthy, non-lawyer individual coming out ahead against said wealthy interests in court are slim.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  26. The Dead Kennedys did something similar. by 1729 · · Score: 5, Informative

    When the Dead Kennedys released "In God We Trust, Inc." on cassette tape (remember those?), they left the B side blank, with the following note: "Home taping is killing big time entertainment industry profits. Therefore side two of this tape has been left blank for your convenience."

  27. Not even this is original by arth1 · · Score: 3, Informative

    Actually, it's the height of fucking brilliance. Super Genius even.

    If there is brilliance here, it belongs to who Danger Mouse (true to form, I'll give you that) copied from, namely Green Day.

  28. He's gonna get sued... by Maximum+Prophet · · Score: 2

    by John Cage's estate. They've already successfully sued a guy for releasing 1 minute of silence. (He settled for $100K)

    In case anyone thinks this is a joke http://archives.cnn.com/2002/SHOWBIZ/Music/09/23/uk.silence/
    He's better keep that blank CDR to himself.

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)