There ain't no they. Disney wants to stop sharing. The Baby Bells (and most other isp's) couldn't care less about it. The cablecos would like it if they weren't under bandwidth pressures (shared media performance sucks when a few users are up/downloading isos and boxset zip files).
Anyway there is a ton of legal and non-useless content out there. emusic and mp3.com are but two examples. Universal also just announced plans to sell mp3s of its library IIRC. Even if all the sharing utilities/services died tomorrow (HA!) these would still be there.
VPNs are incredibly useful for telecommuting. It still amazes me that some cablecos block VPN traffic - causing users to disconnect and switch to DSL! - out of some weird view of the world that includes not selling as much service as possible. BUt I digress - again, VPN is another killer app.
And in any case the demand for bandwidth and network capacity continues to grow, just as the demand for computing power continues to grow, the current telecom shakeout notwithstanding. So I suspect that we will see more, not fewer, of these developments in the next several years.
The settlement reached would allow Audiogalaxy to operate a "filter-in" system, which requires that for any music available, the songwriter, music publisher, and/or recording company must first consent to the use and sharing of the work.
If you are the copyright holder, which you are unless you have signed your rights away to a RIAA member, then you should inform AudioGalaxy that you would like to allow your music to be shared that way. AG will be within its rights to distribute it, since you will have given permission.
IANAL but I suspect that a letter signed by you claiming that you are the copyright holder should be sufficient. Or you could check to see what MP3.com does. Now AG may take a while to handle such things, but then again they are now actually in the world of all indie music rather than the world of claiming that it's all about indie music as a PR fig leaf, so if they don't they will be 100% instead of just 99% toast.
if they're non mainstream and therefore non RIAA, would they not have the ability to give AG permission to distribute? "Opt in" is a phrase that comes to mind.
Well it's been two years and two thousand posts and look at the mess I'm in
A broken heart and an empty journal, an excess of anal skin -
Well I stew and I cook, on my broken down powerbook
And I say about slashdot, that it's not worth another look.
Take away, take away, take away this Karma cap
Well I'm lonely and I'm tired, and I can't read any more crap
Take away, take away, oh my patience surely will snap
Take away, take away, take away - take away this Karma cap
Well I've searched and I've searched, to find the perfect troll
On physics facts or profane shit, or refusal to pay the slashdot toll
But to talk sense on slashdot is to teach a pig to sing -
You can post all day long, and not say anything.
Take away, take away, take away this Karma cap
Well I'm sick and I'm tired, and I can't post any more crap
Take away, take away, oh will Kathleen sit on my lap?
Take away, take away, take away - take away this Karma cap
Well I passed the bar on the way to my dingy hidden sid I spent all my money - so did LNUX, soon it's delisted
Will I wake up on the Blacklist, or with a Subnet Ban instead?
You don't have to be Kreskin - it's a fact, I'm already dead.
Take away, take away, take away this Karma cap
Well I'm lonely and I'm tired, and I can't post any more crap
Take away, take away, well I do deserve a bitchslap
Take away, take away, take away - take away this Karma cap!
better sound, strong copyright security and reasonable fair-use rights
Who will buy this? Let's look at these one at a time.
better sound
Nobody (except audiophiles who spend $10K on a set of speakers) cares about sound quality enough to switch formats. Nobody. MP3 sounds much worse than CD - and it's the standard we all use! (Except ogg fans, who are in their own special circle of reality.) So this will not lead to adoption.
strong copyright security
It will be cracked... and nobody but nobody will buy any new equipment to play these, because nobody will accept the loss of the ability to play, rip, etc. on PCs.
reasonable fair-use rights
HA HA HA HA HA HA
Since current fair use rights include the ability to rip, mix, burn, and use MP3s for whatever we damn well please, and any copy protection scheme at all will take these away, I don't see any way that people will buy this.
Staggered releases around the globe are simply, in this day and age, stupid. There is no reason not to release everywhere at once now. If the studios can't handle it, tough shit! The market (legal or illegal) will make up for their errors.
Q - Heat can't disappear, so where does it go?
A - To the other side of the chip. From there it still has to be dissipated like normal except that the cool side stays cold and can be used to cool, for example, computer chips or the inside of a refrigerator.
Like the McDLT - The HOT side stays HOT and the COOL side stays COOL!
Right.. which is why it's important to establish these relationships NOW, without a venture-funded company like emusic or MP3.com (now owned by Universal) or Napster (now owned by Bertelsmann) getting in the way. Now, while there's a lot of demand for indie tunes and consumer anger over RIAAcketerring (love that term!) - before the lobbyists and regulators find a way to prevent it.
Good points, but I think the problems you bring up can be surmounted. And remember, IANNNHIEBAL.
each internet radio station would need 2-3 accountants just to figure out what "25 PERCENT of all revenue associated with this MP3 STREAMING" would be for each artist that signed the agreement. Not to mention the hassle of removing songs from the playlist when "SOME DATE IN THE FUTURE" comes up.
Automation, my friend! Some clever type will surely find a way to track this automatically - I could probably do it in Excel, but there are surely better ways. Remember, there are only a couple of variables (expiration date, royalty amount, number of minutes spent streaming each item) and they are NOT hard to track. Total revenue is pretty easy to figure out too. Send a check a quarter to each publisher using Quickbooks. Maybe some very clever type will offer a clearinghouse service that provides all this for a small fee. Not a hard one to solve.
And really easy to solve if your revenue is zero, eh?
Stations would much prefer to only have to mail one check to ASCAP/BMI than to deal with the hassles of paying every content source.
True, and that is the drawback of this. But again: an automated in-house tool or ASP clearinghouse can solve this problem and allocate royalties fairly, not just based on the frequency Britney Spears gets played.
Then there's the fact that many small labels have an explicit goal to be bought out by the RIAA labels. That's the business model for many small labels. So why would they want to sign an agreement that makes them less appealing to the RIAA?
Tough shit. If the artist wants to be more appealing to a RIAA label, great; but if this type of license were broadly available, the artist would give up a lot of exposure by choosing to forego this more lucrative and fairer license.
This license would inherantly supercede any compulsory license
Under current law, yes; but perhaps Congress might try to make the compulsory license a little more compulsory in the future. Can't hurt to protect yourself.
The question and answer above about non RIAA music leads to the following idea: why not develop a standard license a la the GPL that allows non RIAA producers to contract directly with net radio stations for a reasonable fee? Maybe something like the following, with sections in CAPS to be modified as needed (IANNNHIEBAL):
1. AMBIENT-HOUSE DJ MOFO hereby grants a license of his CATALOG OF SICK BEATS to SULLIRADIO for MP3 STREAMING.
2. SULLIRADIO agrees to pay AMBIENT-HOUSE DJ MOFO a sum of 25 PERCENT of all revenue associated with this MP3 STREAMING. Revenue associated with this artist's music shall be considered total monthly revenue multiplied by the exact number of minutes streaming his SICK BEATS, divided by the exact number of minutes in the month.
3. This license lasts until SOME DATE IN THE FUTURE and can be renewed by mutual consent at that time.
4. Both AMBIENT-HOUSE DJ MOFO and SULLIRADIO agree to waive all rights and obligations under any compulsory license adopted by the Librarian of Congress.
5. NO FUCKING WARRANTIES OR GUARANTEES OR ANYTHING ELSE THAT WOULD EVER MAKE YOU SUE, EVER, SO DON'T EVEN FUCKING TRY.
If someone created such a thing, and standardized it, with standard royalties, wouldn't this mean the artists got paid, the radio stations didn't go bankrupt, and the RIAA could go fuck itself?
depending on whether the site you had up when you were scanned is/was any good!
My roommate would be!
Anyway there is a ton of legal and non-useless content out there. emusic and mp3.com are but two examples. Universal also just announced plans to sell mp3s of its library IIRC. Even if all the sharing utilities/services died tomorrow (HA!) these would still be there.
VPNs are incredibly useful for telecommuting. It still amazes me that some cablecos block VPN traffic - causing users to disconnect and switch to DSL! - out of some weird view of the world that includes not selling as much service as possible. BUt I digress - again, VPN is another killer app.
And in any case the demand for bandwidth and network capacity continues to grow, just as the demand for computing power continues to grow, the current telecom shakeout notwithstanding. So I suspect that we will see more, not fewer, of these developments in the next several years.
Beat him up? I want to buy him (her) a drink!
The settlement reached would allow Audiogalaxy to operate a "filter-in" system, which requires that for any music available, the songwriter, music publisher, and/or recording company must first consent to the use and sharing of the work.
If you are the copyright holder, which you are unless you have signed your rights away to a RIAA member, then you should inform AudioGalaxy that you would like to allow your music to be shared that way. AG will be within its rights to distribute it, since you will have given permission.
IANAL but I suspect that a letter signed by you claiming that you are the copyright holder should be sufficient. Or you could check to see what MP3.com does. Now AG may take a while to handle such things, but then again they are now actually in the world of all indie music rather than the world of claiming that it's all about indie music as a PR fig leaf, so if they don't they will be 100% instead of just 99% toast.
if they're non mainstream and therefore non RIAA, would they not have the ability to give AG permission to distribute? "Opt in" is a phrase that comes to mind.
You must really like popup ads.
(with apologies to Mike Ness)
Well it's been two years and two thousand posts and look at the mess I'm in
A broken heart and an empty journal, an excess of anal skin -
Well I stew and I cook, on my broken down powerbook
And I say about slashdot, that it's not worth another look.
Take away, take away, take away this Karma cap
Well I'm lonely and I'm tired, and I can't read any more crap
Take away, take away, oh my patience surely will snap
Take away, take away, take away - take away this Karma cap
Well I've searched and I've searched, to find the perfect troll
On physics facts or profane shit, or refusal to pay the slashdot toll
But to talk sense on slashdot is to teach a pig to sing -
You can post all day long, and not say anything.
Take away, take away, take away this Karma cap
Well I'm sick and I'm tired, and I can't post any more crap
Take away, take away, oh will Kathleen sit on my lap?
Take away, take away, take away - take away this Karma cap
Well I passed the bar on the way to my dingy hidden sid
I spent all my money - so did LNUX, soon it's delisted
Will I wake up on the Blacklist, or with a Subnet Ban instead?
You don't have to be Kreskin - it's a fact, I'm already dead.
Take away, take away, take away this Karma cap
Well I'm lonely and I'm tired, and I can't post any more crap
Take away, take away, well I do deserve a bitchslap
Take away, take away, take away - take away this Karma cap!
Who will buy this? Let's look at these one at a time.
better sound
Nobody (except audiophiles who spend $10K on a set of speakers) cares about sound quality enough to switch formats. Nobody. MP3 sounds much worse than CD - and it's the standard we all use! (Except ogg fans, who are in their own special circle of reality.) So this will not lead to adoption.
strong copyright security
It will be cracked ... and nobody but nobody will buy any new equipment to play these, because nobody will accept the loss of the ability to play, rip, etc. on PCs.
reasonable fair-use rights
HA HA HA HA HA HA
Since current fair use rights include the ability to rip, mix, burn, and use MP3s for whatever we damn well please, and any copy protection scheme at all will take these away, I don't see any way that people will buy this.
So: 0 for 3. Failure. Next!
When I ran it I got a hard crash from bad javascript. No thanks.
Staggered releases around the globe are simply, in this day and age, stupid. There is no reason not to release everywhere at once now. If the studios can't handle it, tough shit! The market (legal or illegal) will make up for their errors.
that they get away with this.
That is all I have to say at this time. Motherfuckers!
Well, if it makes you happy, it can't be that bad!
but this will most assuredly go to the Supreme Court. No way will this be allowed to stand without a fight.
In the very first SimCity for Mac I routinely built cities with only railroads, no roads. Worked fine. Haven't played in a very long time, though.
A - To the other side of the chip. From there it still has to be dissipated like normal except that the cool side stays cold and can be used to cool, for example, computer chips or the inside of a refrigerator.
Like the McDLT - The HOT side stays HOT and the COOL side stays COOL!
Right .. which is why it's important to establish these relationships NOW, without a venture-funded company like emusic or MP3.com (now owned by Universal) or Napster (now owned by Bertelsmann) getting in the way. Now, while there's a lot of demand for indie tunes and consumer anger over RIAAcketerring (love that term!) - before the lobbyists and regulators find a way to prevent it.
Seriously, why would anyone use netscape when mozilla works fine?
each internet radio station would need 2-3 accountants just to figure out what "25 PERCENT of all revenue associated with this MP3 STREAMING" would be for each artist that signed the agreement. Not to mention the hassle of removing songs from the playlist when "SOME DATE IN THE FUTURE" comes up.
Automation, my friend! Some clever type will surely find a way to track this automatically - I could probably do it in Excel, but there are surely better ways. Remember, there are only a couple of variables (expiration date, royalty amount, number of minutes spent streaming each item) and they are NOT hard to track. Total revenue is pretty easy to figure out too. Send a check a quarter to each publisher using Quickbooks. Maybe some very clever type will offer a clearinghouse service that provides all this for a small fee. Not a hard one to solve.
And really easy to solve if your revenue is zero, eh?
Stations would much prefer to only have to mail one check to ASCAP/BMI than to deal with the hassles of paying every content source.
True, and that is the drawback of this. But again: an automated in-house tool or ASP clearinghouse can solve this problem and allocate royalties fairly, not just based on the frequency Britney Spears gets played.
Then there's the fact that many small labels have an explicit goal to be bought out by the RIAA labels. That's the business model for many small labels. So why would they want to sign an agreement that makes them less appealing to the RIAA?
Tough shit. If the artist wants to be more appealing to a RIAA label, great; but if this type of license were broadly available, the artist would give up a lot of exposure by choosing to forego this more lucrative and fairer license.
This license would inherantly supercede any compulsory license
Under current law, yes; but perhaps Congress might try to make the compulsory license a little more compulsory in the future. Can't hurt to protect yourself.
1. AMBIENT-HOUSE DJ MOFO hereby grants a license of his CATALOG OF SICK BEATS to SULLIRADIO for MP3 STREAMING.
2. SULLIRADIO agrees to pay AMBIENT-HOUSE DJ MOFO a sum of 25 PERCENT of all revenue associated with this MP3 STREAMING. Revenue associated with this artist's music shall be considered total monthly revenue multiplied by the exact number of minutes streaming his SICK BEATS, divided by the exact number of minutes in the month.
3. This license lasts until SOME DATE IN THE FUTURE and can be renewed by mutual consent at that time.
4. Both AMBIENT-HOUSE DJ MOFO and SULLIRADIO agree to waive all rights and obligations under any compulsory license adopted by the Librarian of Congress.
5. NO FUCKING WARRANTIES OR GUARANTEES OR ANYTHING ELSE THAT WOULD EVER MAKE YOU SUE, EVER, SO DON'T EVEN FUCKING TRY.
If someone created such a thing, and standardized it, with standard royalties, wouldn't this mean the artists got paid, the radio stations didn't go bankrupt, and the RIAA could go fuck itself?
worked for me
yah, it's a bad deal. is this for the new twins' stadium, which I thought wasn't a done deal yet? or the vikings?
You've got some 'splainin' to do!
Hiroshima fans will be pissed that their team has been rejected!