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Archive for the ‘legal’ Category

Will Internet Radio Be Silenced For 1 Day Or Forever?

Posted by Molli Fire on Tuesday, 19June07

SaveNetRadio.org has declared a Day of Silence for internet radio broadcast on Tuesday June 26th. The stations that participate will give listeners only a taste of what it will be like after July 15th if the increased royalty rate is upheld. Internet Radio Day Of Silence 2007 Stations that go silent will likely include Pandora, Live 365, Yahoo LAUNCHcast, and MTV Online, and NPR member stations. These stations, plus others like AccuRadio, Radioio, Digitally Imported, Rhapsody and many more would be seriously impacted by retroactive royalty increases equal to 50-300% of the station’s current revenue income. In Rhapsody, Pandora and Live365’s cases, the increase would also penalize their multiple channels platform, causing rate increases equal to more than 1000% of their current revenue. 1000%! According to the RAIN (Radio And Internet Newsletter):

Webcasters will be alerting their listeners that “silence” is what Internet radio may sound like on or shortly after July 15th, the day on which 17 months’ worth of retroactive royalty increase payments are due to the SoundExchange collection organization under the terms of a recent Copyright Royalty Board (CRB) decision.

Read more about the situation on the RAIN website and check out SaveNetRadio.org for more options of what you – the listener, the musician, the dj, the webcaster – can do to help.

Call Your Congress To Save Internet Radio

Look at the left sidebar here at HearingTest for 2 links for contacting your Senators and Representatives in Congress. The lins are under the title act!

 

 

Save Net Radio - Internet Radio Day Of Silence

 

 

 

 


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Posted in +Greatest Hits+, activism, CRB, culture, DC, DIY, dj, free, industry, internet, legal, music, music tech, news, radio, social | Leave a Comment »

Smaller Internet Radio Stations Get Extension On Rate Increase

Posted by Molli Fire on Tuesday, 22May07

Hurray for the dedicated supporters of internet radio broadcasting!!! We have achieved at least a small victory today, and hopefully it will serve as precedent to achieve bigger victories in the near future!

The announcement came down the vine today that SoundExchange (who i thoroughly reported about here) has offered a reduced royalty rate to “smaller” webcasters. We can only hope that this will further translate into no royalty rate for those stations that are able to prove that they do not broadcast music that incurs any royalty at all. You may recall that previous decisions had included a $500 minimum fee for every station plus royalty fees even for strictly talk-based radio. The new decision states that smaller stations on the web will owe 10% of revenues up to $250K and 12% of revenues over $250K. For stations that already pay royalties and fully comply to this system, this will come as a great relief. However, the language of the press release leads one to think that this may be a temporary fix to give smaller net stations a chance to catch up before being hit with the original plan of increased royalty rates. Let’s not even get started on how the government considers this a “subsidy” to small webcasters to help them get their business built up enough to afford the big fees, rather than a free speech or freedom of access to non-commercial music. So, the struggle to keep internet radio accessible to all has not yet been won…

Listeners Can Save Internet Radio

Please read more about the new situation by checking these links as the story progresses:

LINKS

Radio And Internet Newsletter
Save Net Radio
Hypebot

PBS report on the dynamics of webcasting.

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Posted in +Greatest Hits+, activism, CRB, DIY, dj, hacktivism, industry, internet, legal, music, music tech, news, piracy, radio, social | Leave a Comment »

M.I.A. Cancels Fest When US Denies Her Visa

Posted by Molli Fire on Tuesday, 22May07

While there has not been any updates or changes to M.I.A.’s webpage or blog, NME.com reports that the US government has again denied her the visas necessary to step foot on american soil. This means she will be forced to cancel her appearance at the Sasquatch festival this weekend, but if she can finagle the proper paperwork in time, she will still make it to Lollapalooza, Virgin Festival, and Austin City Limits Festival. Keep your fingers crossed, but don’t hold your breath.
With the NYPD spying on hip hop artists, I don’t doubt that the customs department is aware of M.I.A.’s lyrics for “Bird Flu”:

BIG on the underground
what’s the point of knocking me down?
everybody knows

I’m already good on the ground

most of us stay strong
shit don’t really bound us
then I go on my own
making bombs with rubber bands

I have my hard down
so I need a man for romance
streets are making em hard
so they selfish little roamers
jumpin’ girl to girl
make us meat like burgers
when I get fat
I’ll pop me out some leaders

A protocol to be a Rocawear model?
it didn’t really drop that way
my legs hit the hurdle

A protocol to be a rocker on a label?
it didn’t really drop that way
our beats were too evil

but I put away paper for later so I’m stable
a better something better come
so I could get cable
ghetto pops, food drops
I store them in my stable
I cook em up , pop em down
eat me it off ya a table

The village got on the phone
said the street is comin’ to town
they wanna check my papers
see what I carry around
credentials are boring
I burnt them at the burial ground
don’t order me about
I’m an outlaw from the badland

put away shots for later
so I’m stable
live in trees chew on feet
watch lost on cable
bird flu gonna get you
made it in my stable
from the crap you drop
on my crop when they pay you.

 

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Posted in +Greatest Hits+, festivals, hip hop, legal, music, news, shows | Leave a Comment »

Creativity Through Copyright Allegiance

Posted by Molli Fire on Monday, 21May07

There’s a new copyright group in town…According to Future Music blog:

A new intellectual property advocacy organization dubbed the Copyright Alliance has launched to reform the current state of copyrights n the United States. The group is made up of 29 organizations in the U.S. ranging from entertainment and arts groups to technology and sports coalitions. The alliance estimates that the number individuals it represents totals 11 million.

It dubs itself a “non-profit, non-partisan educational entity” and states its intention “to provide educational resources and promote creativity, jobs and growth through copyright.”
promote creativity through copyright? puhleeeease… Read more at Future Music blog.

Also, hypebot is following every move of WMG as it raises bids to purchase EMI. WMG is confident that the EU will approve the merger, but is that actually likely? EMI seems prepared to remain independent, so the bidding game should remain interesting…

  
  
  

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Posted in CRB, DRM, industry, legal, music, news, piracy | Leave a Comment »

Smashing Pumpkins Gets Robbed, Leaked, Hexed!

Posted by Molli Fire on Tuesday, 8May07

Smashing Pumpkins‘ rehearsal space at the Music Garage was robbed! Apparently the brilliant theives were not after guitars, amps and items of resale value, but rather were overzealous fans or professional leaksters who wanted memorabilia connected to the band’s upcoming release. Consequently, the photos were uploaded and linked on the Smashing Pumpkins fansite, Netphoria, which has been removed by the webmaster, and the criminals were locked away in a secure jail cell. The album in question, which will henceforth be called Evidence A, is called Zeitgeist and will be released on July 7th. That’s 07/07/07, exactly seven years since their last release! Unfortunately, it is only their 6th album. i almost wish they would release something before then, just to make it all 7’s….

Statement on the Music Garage Incident

As many of you are aware there was an incident here yesterday where an individual posted stolen pictures from the Smashing Pumpkins when they were rehearsing at the Music Garage. What this person did amounts to theft and band takes this very seriously as does Netphoria. I know everyone here is hungry for more information on the new album but this is not the way to go about it. Nobody here should condone or be supportive of the actions this individual took. It is unfortunate that the person choose Netphoria to leak these stolen works, Netphoria has always been a free and open forum without hard censorship but obviously in a case like this a line was crossed and I will not tolerate actions like this which is why numerous posts and threads were deleted last night. The band requested the stolen pictures be removed and I believe they are well within their right to do so. Anyone posting these pictures on the board, posting links to them or including them in your signature will be banned as a result. Despite this ugly event there may be some good to come out of it, some lines of communication have been opened and hopefully Netphoria & the Pumpkins will be able to offer something for the fans here, stay tuned….

Zeitgeist Tracklist:

01 Doomsday Clock
02 7 Shades of Black
03 Orchid
04 That’s the Way
05 Tarantula
06 Starz
07 United States
08 Never Lost
09 Bring the Light
10 Come On (Let’s Go)
11 For God and Country
12 Pomp and Circumstance

Smashing Pumpkins dates:

05-22 Paris, France – Grand Rex
05-24 Luxembourg City, Luxembourg – Den Atelier
05-26 Brussels, Belgium – Ancienne Belgique
05-28 Landgraaf, Netherlands – Megaland (Pinkpop Festival)
05-31 Barcelona, Spain – Primavera Sound Festival
06-02 Nürburgring, Germany – Nürburgring Race Track (Rock am Ring)
06-03 Nuremburg, Germany – Zeppelinfeld (Rock im Park)
06-06 Berlin, Germany – Columbiahalle
06-09 Lisbon, Portugal – Lisbon Festival
06-12 Madrid, Spain – Pepe World Festival
06-15 Nickelsdorf, Austria – Nova Rock Festival
06-16 Venice, Italy – Heineken Jammin’ Festival
06-17 Interlaken, Switzerland – Greenfield Festival
07-07 East Rutherford, NJ – Giants Stadium (Live Earth Festival) The Day Of ZEITGEISTs Release!
08-05 Baltimore, MD – Pimlico Park (Virgin Festival)
08-24 Leeds, England – Leeds Festival
08-26 Reading, England – Reading Festival
09-01 Istanbul, Turkey – Rock n Coke Festival
09-08 Montreal, Quebec – Osheaga Festival
09-09 Toronto, Ontario – Virgin Festival

More Links

http://www.myspace.com/smashingpumpkins
http://www.smashingpumpkins.com/

By the by, Smashing Pumpkins recommends the band The Subways on their my$pace page:
Find The Subways my$pace page: Right Here.

Posted in festivals, internet, legal, music, new release, news, pop, rock, shows, tour | 3 Comments »

Digg Community Digs Grave For Digg

Posted by Molli Fire on Thursday, 3May07

Undertaker, build me a coffin.  No, no, no, make that 2.  One for the selector blogger, one for the mourner Digger…

digg-guy.png

The biggest story on the web today concerns a user revolt on the popular bookmark site, Digg. It started when somebody published a hack code that removes the copy-protection from HD DVDs. Naturally, this became big news and was a top post on Digg among many other bookmark sites. According to Digg staff member, Jay Adelson :

We’ve been notified by the owners of this intellectual property that they believe the posting of the encryption key infringes their intellectual property rights.

Digg then proceeded to delete the posts that contained the hack code, and suspend the members who posted it. As it turns out, the community who participates in Digg, without which Digg would not exist, being that it is a social bookmarking site decided to make it crystal clear who decides the news. Digg was bombarded with posts that contained the code, and had to make a decision – wholesale deletion and suspension, or give in to the masses. i’ll let Digg’s founder, Kevin Rose tell you what they did :

In building and shaping the site I’ve always tried to stay as hands on as possible. We’ve always given site moderation (digging/burying) power to the community. Occasionally we step in to remove stories that violate our terms of use (eg. linking to pornography, illegal downloads, racial hate sites, etc.). So today was a difficult day for us. We had to decide whether to remove stories containing a single code based on a cease and desist declaration. We had to make a call, and in our desire to avoid a scenario where Digg would be interrupted or shut down, we decided to comply and remove the stories with the code.

But now, after seeing hundreds of stories and reading thousands of comments, you’ve made it clear. You’d rather see Digg go down fighting than bow down to a bigger company. We hear you, and effective immediately we won’t delete stories or comments containing the code and will deal with whatever the consequences might be.

If we lose, then what the hell, at least we died trying.

Digg on,

Kevin

There you have it. The power of the people always wins when they unite to overwhelm the system. Of course, it helps if it is a system that you actually want to destroy. Personally, i always thought that Digg was corrupt. It has been pretty well documented that the system is rigged.

Viva La Revolucion!

personally, i’m just too anti-social to get that involved in social bookmarking. this blog has been a big leap for me. don’t get me wrong, i have a great circle of friends who are amazing, and we organize shows, play music, and all that, so i guess i’m social…. it’s the networking i don’t really get into much….

Posted in DIY, hacktivism, internet, legal, piracy, social, technology | Leave a Comment »

Big Brother Is Trying To Outlaw Fun, Dancing Is Revolutionary

Posted by Molli Fire on Wednesday, 2May07

While the RIAA and CRB are working diligently to eliminate public access to music and radio online, politicians and police are dredging up ways to prevent people from making music and dancing.

I’m about to show you the different ways that NYC groups are working to open the possibilities for live music and dance events in a city that is clamping down on music venues. Here you will find fun parties to go to, a review of the Mayday celebration, and the historical significance of how our access to social gatherings is being eroded.

The current prohibition atmosphere of certain major cities from SF to NYC, the actions of the RIAA and CRB towards university students and webcasters during the last few years, and the FCC’s increased licensing “laws” and gestapo raids on micro-powered radio broadcasters a few years before that, mirror the conflicted relationship between legislative bodies and community supported channels of entertainment in nearly every medium, in every modern nation. Today, the headlines are focused on the censorship of live music and the act of dancing to live music, but the struggle remains the same as the days of prohibition. Here is what made headlines today….

NYC Cabaret Laws Are Destroying The Music Scene

New York City has been severely deprived of live entertainment because of tight restrictions that make it difficult to obtain and maintain cabaret licenses. Similar in spirit to crackhouse laws in the Southern states and the Criminal Justice Act created by the UK Parliament in 1994 to prevent large music festivals and the public performance of music with a repeating sequence of beats.
Big Brother is trying to outlaw fun. And what’s worse, is that it’s being done with laws that are incredibly prejudiced – these laws were written and passed to prevent interracial socializing (cabaret laws), to profile music enthusiasts as drug users (crackhouse laws), and to limit the free assembly of low-income people (any law that forces you to get a permit to use public land). Basically, these laws are designed to keep the people complacent through homogenized outlets of safe entertainment, and restrict the channels that provide an opportunity for revolt. Even though most of these channels are not trying to revolt against anything, they are trying to provide opportunities to relax and have a good time. Different people prefer different forms of relaxation, but all should have equal access to methods that are widely enjoyed, no? Not all will feel relaxed at the opera, or a Gwen Stefani concert, but I think all people should be encouraged to enjoy the performance of music and dancing.

Greg Miller, the president and spokesperson of Dance Parade, told metro :

“Three years ago, there were 300 cabaret licenses,” Miller said. “Every three months the number drops by 15. It’s so hard not only to get a new cabaret license, but to get one renewed because of building codes.”
“there are 148 cabaret licenses and that includes adult entertainment, hotels and restaurants”

What happens when a vibrant city like NYC has trouble finding legal venues to socialize in? Music venues are dropping like flies in the Big Apple – just 2 weeks ago, the closing of the Tonic and subsequent arrests made headlines, while many readers may not have noticed the FOR SALE sign on the building that houses the Knitting Factory. The Knitting Factory is not in immediate danger of closing. Despite a sale of the building, the venue will continue to operate through their 2009 lease. After this date however: “there has been no decision as to the future of the venue.” In NYC, 5 venues a month lose their cabaret licenseWhat is there to do then, in the nightlife capital of the world?

Dancing In The Streets Of New York

What happens when there is no legal venue to party in? The party people take to the streets! The next opportunity to meet up with New York City’s finest revelers for a day of Dancing In The Streets will arrive on May 19th. That’s the day for the first annual Dance Parade with thousands of dancers – including YOU – and top djs Kool Herc, Danny Tenaglia, John Jellybean Benitez. There will also be performances from many dance groups representing different styles, from breakdancing to ballet, with whirling and wild styles. The Dance Parade is organized to raise awareness about the cabaret law as well as NYC’s dance history.

Dance Parade’s president Greg Miller is not new to events in public space. This past Saturday found him at the 9th Annual Blackkat Mayday party, which itself faced permit issues for the first time ever. Instead of the community gathering being held in Tompkins Square Park, the event site for the last 8 years, the organizers had to choose another location when unable to obtain permits required in a timely manner. Jason BK told the metro that the Blackkat artist collective had applied for the permits in January, and had not received permission by May 1st!

9th Annual NYC Blackkat Mayday Party

In the tradition of International Workers’ Day, the crew of artists and musicians known as Blackkat hosted their 9th annual Mayday Party in NYC this past Sunday. Blackkat has organized free and low-cost community events in NYC for over a decade, such as Party 4 Freedom and Justice in 2002, and the Biotour Benefit in 2005. The Indypendent newspaper reported from the 2007 Mayday party, quoting Jason BK, Amok, and Chrome, who supply and maintain the sound for these events- from the speakers to the noise :

“We live in a city where money and getting your name out there is more important than actual content that’s provided,” said Amok, a musician and two year Blackkat collective member. “This is what makes Blackkat so very different, it puts content first always … which is something that other crews unfortunately forget to do.”

In the past, Blackkat has joined forces with other groups including Dance Parade New York, the Madagascar Institute, The Danger, DanceSafe, Renegade Virus and Havoc Sound. Events have included a fundraiser for the 2005 Biotour benefit, numerous festivals and parties in various warehouses such as 3rd Ward and the now closed Lunatarium and 38Nine (in Queens).

“The main point is that it is vital that people come together in a creative community and we hope that these events can be part of that community,” said Chrome. BK added, “They have to be fun to be effective.”

Guest speakers this year included Norman Siegel, a civil rights attorney, and Missy Galore of the NYC Dance Parade. Information tables were hosted by DanceSafe, IndyMedia, Metro In Motion TriState Biodiesel and more. The sound stage was provided by MadAro, Anthony, and Disorient with maestro Daniel.

May Day 2007

Take Action!

resisting the NYC cabaret laws
Dance & get involved with the Dance Parade

Blackkat And Friends

Check out the official Blackkat website, where you can see more pix from the event, download super tight dj mixes by the Blackkat noise bringers, and choose your own adventure from there, it’s a mad mad jungle what this fella get up to when he gets together with some friends! It reminds me of a quote about Spiral Tribe, another music and art based soundsystem unorganization who were participated in events around the UK countryside from dusk til dawn til dusk and dawn again for days. The quote is from Spaces of Democracy :

“Spiral Tribe, with their free and inclusive parties, succeeded in constituting an alternative public space, rather than just a secret one. Though no one could say how many lives were touched in their three year tour of duty”.

Props to the Blackkat population for bringing it for more than 10 years! The roots run deep, the branches have touched many, many people.

The Rest Is History…

Blackkat, HavocSound, soFat! Sound, and Renegade Virus joined forces during 2001-2004, hauling speakers, generators, records or synths throughout NYC plus occasional road trips to other parts of the US and Canada. These soundsystem collaborations earned much respect and no money for providing nonstop music at the Annual Blackkat Mayday Party, Swamptek, Autonomous Mutant Festival, Monsters of Love 1-4, renegade outdoor free parties across the NYC/SF/US, and underground warehouse events in NYC and SF, all while supporting and spreading the DIY free party culture and direct action for sustainable technology. Since 2004, Blackkat and Jungle Terror Krew have continued the mischief with Renegade Virus and TBI25 in NYC … while 5lowershop, HavocSound, and soFat! have been raging in SF with S.P.A.Z. and Army of Love – constructing walls of sound and yards of power cable at AMF, Monsters of Love, Unchained Reaction, Fuck Parade, renegade outdoor, indoor, mobile, and underground free parties all over SF/NYC/USA. These non-profit crews have sustained where many other well-funded businesses have come and gone as a result of their experiments in alternative technologies. The consistent message of building a more concious culture is further demonstrated by the work these people have done in the science of sustainable living on this planet and grassroots outreach and education in the community. All the crews mentioned have been in involved with converting all their tour buses and generators to run on straight vegetable oil, teaching workshops in biofuel systems and sustainability skills, mobile microbroadcasting, and a weekly internet broadcast with FM radio rebroadcast in England and Europe.

BIG UPS TO THE NY MASSIVE!! MUCH LOVE TO THE 5LOWERSHOP EXTENDED NETWORK!!
Thank you for everything you have already done and much luck to all your future projects!

Spiral Tribe vs. the Public Order

Free parties became a big issue in the UK and Europe during the early 90’s when large gatherings of people would assemble with concert speakers and have a free dance party. To outlaw this type of noncommercial music festival (there were no camping fees, or tickets sold, you just had to be able to get there, and feed yourself for the duration), the Parliament of the UK created the Criminal Justice Act in 1994. Ironically, the main focus of this Act was to restrict and prohibit “anti-social” behaviors, including organizing and attending huge gatherings centered around a common interest in popular music. It even included a section based on the type of music considered anti-social – repetitive beats – and used a precise definition of how many bars of music had to pass without a beat looping and/or repeating! Spiral Tribe challenged the Act and held massive outdoor events with live performances of hypnotically repetitive beats. The UK punk band, Crass, contributed their social commentary with a furious double kick drum beat that repeated until you thought your heart might collapse. The wall of speakers that Spiral Tribe carried to these events was the length and height of 3-4 city bus coaches long and tall. When Crass played, the drums would be a barrage of punches shooting out of that wall. 13 members of Spiral Tribe were arrested immediately following the Castlemorton Common Festival in May 1992 for public order offenses. The techno-punk crew seemed to be having a blast doing as much damage to the legal system as possible. The courtroom became a circus. The defendants, and their supporters in the benches, wore Tshirts to their court appearances with the message “Breach The Peace” written in large letters. The message was seen in every photograph and television news coverage of the case. Especially handy if you released a record with the same name, which Spiral Tribe had. They released albums of fantastic techno, with deejays chatting over some tracks. Forward The Revolution blends the steady beat of Native American drumming with the excited heart beat of their drummachines and the Native Am. singing with Simone’s flawless humanoid rapping about the future of the free party system. She defiantly repeats, “You might stop the party, But you can’t stop the future.” At the end of the 4 month long case, it was calculated that this was the longest running and most expensive case in British legal history. Just to stop the music.

If you made it this far, thanks for reading. If you would like to do more in your community to add your strength to the resistance, either contact the people mentioned in this article, or start your own crew – the more the merrier, and the stronger we all are. Feel free to comment and discuss any point mentioned here in the comments section.

 

 

The rest is just a disclaimer about the copy and publishing rights pertaining to this article….
With the exception of quotes that are clearly labeled, i wrote every word of this, and if you copy it or reprint it in any way with giving credit, i will get very nasty. I only mention this because of the huge problem i am having with online content aggregators, and in no way in reference to grassroots education. If you would like to copy or print it and share it with others, please just give the proper credit. The creative commons license that protects this work is clearly stated and linked in the sidebar and in the page titled disclaimer.
Thanks!

 

 

 


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Posted in +Greatest Hits+, activism, bass, breakcore, CRB, dancehall, DIY, dj, dub, electronica, experimental, festivals, free, jungle, legal, music, music tech, news, noise, NYC, piracy, punk, radio, RIAA, SF, shows, social, street art, writ | 3 Comments »

Bjork, Volta – Audio, New Interviews, Live Broadcast

Posted by Molli Fire on Tuesday, 1May07

NPR Radio – Live Broadcast Plus New Interview/Article

Community radio giant NPR announced today that they will be transmitting a live broadcast of Bjork’s full concert from the United Palace in New York. It airs approximately 8pm ET on Saturday, May 5th. Until then you can get your Bjork fix for the day by reading the lovely article NPR has posted, where they discuss the upcoming album with Bjork herself. She relates more about the creative energy and turbid state that inspired this more aggressive and more political side of her. As she tells NPR at one point :

“It’s about being exhausted with the self-importance of religion, and thinking, ‘okay, wait a minute, maybe we are one tribe, and we’re actually part of nature, and trying to suggest some kind of patent for that.”

Definitely check that out on NPR. The concert series will also be broadcasting a solo concert by Ben Gibbard, live from Washington, D.C.’s 9:30 Club on Thursday, May 10. More about that on this NPR page.

 

bjork-volta.jpg

Volta Audio Links

You can also listen to these songs from the soon-to-be-released Volta

MOG posts that have Volta tracks :

One More New Article And Interview In NYTimes

Plus, these audio interviews with Bjork from the latest NYTimes article:

It’s a great article with more snippets like these interspersed throughout. Check it out at NYTimes<

Finally, here is a video of Bjork performing “Innocence”, from the Laugardalsholl concert on 9th April 2007:

Support Community Radio – SAVE INTERNET RADIO

If you like to get live concerts broadcast for free on public radio, and you would like to continue enjoying the great programming that stations like NPR provide, then you better get your rear in gear and SAVE INTERNET RADIO! Everybody is qualified to perform at least one of the actions being promoted to help stop the Copyright Royalty Board from sabataging our access to non-commercial radio from around the globe. To find out what you can do, visit SAVE NET RADIO – and hurry! There are only 13 days left until the retro-active fines are imposed. That’s only 13 days until the day the music died if we don’t speak up loudly!

 

 

 

read more about Bjork : news and updates

 

 

 

Posted in activism, Bjork, CRB, DIY, electronica, experimental, free, internet, interview, legal, mp3, music, new release, news, NYC, piracy, pop, radio, shows | 2 Comments »

New Bill In House Hopes To Save Internet Radio Broadcasting

Posted by Molli Fire on Friday, 27April07

Radio And Internet Newsletter aka RAIN reports today that a bill has been introduced into the house by Representative Jay Inslee (D-WA) that shows hope for indpendent internet radio broadcasting. It is titled The Internet Radio Equality Act and covers the following aspects :

The bill has five major provisions:

  1. Nullifies the recent decision of the CRB judges
  2. Changes the royalty rate-setting standard that applies to Internet radio royalty arbitrations in the future so that it is the same standard that applies to satellite radio royalty arbitrations — the 801(b)(1) standard that balances the needs of copyright owners, copyright users, and the public (rather than “willing buyer / willing seller”). (For more detail on this point, read the recent RAIN issue on “Copyright law,” here.)
  3. Instructs future CRBs that the minimum annual royalty per service may be set no higher than $500.
  4. Establishes a “transitional” royalty rate, until the 2011-15 CRB hearing is held, of either .33 cents per listener hour, or 7.5% of annual revenues, as selected by the provider for that year. Those rates would be applied retroactively to January 1, 2006. (The logic behind this rate, incidentally, is an attempt to match the royalty rate that satellite radio pays for this royalty — thus the name of the bill.)
  5. Expands the Copyright Act’s Section 118 musical work license for noncommercial webcasters to enable noncomms to also perform sound recordings over Internet radio at royalty rates designed for noncommercial entities, and sets an transition royalty at 150% of the royalty amount paid by each webcaster in 2004. (Note that this amount would be a set, flat fee through the end of the decade.)

For future CRBs (e.g., 2011-15), adds three new reports in the CRB process: The Assistant Secretary of Commerce for Communications and Information will submit a report to the CRB judges on the industry impact in terms of competitiveness of the judges’ proposed rates; at the same time, the FCC will submit a report to the CRB judges on the effects of the judges’ proposed rates on localism, diversity of programming, and competitive barriers to entry; and the Corporation for Public Broadcasting will submit a report to Congress and the CRB judges on the effect of the the judges’ proposed rates on their licencees.

RAIN’s webpage is much more informative, as it has links sprinkled throughout these provisions. RAIN also points out :

Now that the bill has been introduced, the SaveNetRadio.org “call to action” is specific and direct: The site is now asking listeners to call their Representative and ask him/her to “cosponsor the Internet Radio Equality Act, introduced by Representative Jay Inslee.” Once listeners click the “Call Your Representatives” button on the site and enter their zip code, they are given their Representative’s House office phone number and a list of “talking points” to emphasize.

Please click over to RAIN’s webpage for more information. They have a pdf version of the entire Act, as well as more coverage and suggestions for how you can participate.

One thing you can do is call your Representatives and urge them to co-sponsor the Internet Radio Equality Act. Hit Save Net Radio to get your Rep’s phone number.

International Listeners

If you reside outside the US (lucky you!) you can still help keep internet radio from being crushed by this BS. Join SaveNetRadio’s coalition! Click Coalition to find out how.

 

 

SaveNetRadio.org

MORE LINKS

http://www.savenetradio.org/index.html
http://www.kurthanson.com/

Posted in +Greatest Hits+, activism, CRB, DIY, dj, free, hacktivism, internet, legal, music, music tech, news, piracy, radio, RIAA, social, technology | Leave a Comment »

WKRP In Cincinnati Released By Cheapskates At Fox

Posted by Molli Fire on Tuesday, 17April07

The legendary 70’s tv show, “WKRP In Cincinnati” will finally get released on DVD next week. But wait, don’t cheer yet – the very reason that it hasn’t been released before now, is pretty obscene, and hasn’t exactly been fixed.

https://i0.wp.com/mog.com/images/users/0000/0004/9826/images/1176875291.jpeg

Those of us who watched the show religiously (2 words – Loni Anderson) when it was still on network television, are quite aware that the entire show is about a radio station that plays popular music. That music had to be licensed for performance on the show. Those same licenses ran out ages ago, with no future in reruns or DVD releases. So, what has changed to enable the show to be released next week? Ok, just a warning, those who are easily offended or have anger management issues should click away from this post now. It’s about to get very offensive…..
The show could never be syndicated or aired as a rerun without paying for new licenses, which apparently cost so much now, that it renders the whole project unfeasible (i imagine they mean unprofitable, but no clarification on that). So great was the fear that the music industry inspired that most original copies were destroyed, to prevent even one accidental airing!!
How did MTM Enterprises, who originally distributed the show, get around this in order to release it on DVD? Did they take all the music out of the show entirely? Well, yes. Then they took it one horrible step further – they forced one of their employees to replace all the songs that you hear (on the station, as well as characters bursting into song) with generic muzak.

The poor fellow whom this mighty task fell on, describes the experience :

The new music that was inserted into the show sucked ass. It was wrong for the feel and attitude of the show. Some scenes relied on specific songs at particular junctures (i.e., Les Nessman trying on a toupee to the soundtrack of Foreigner’s “Hot Blooded”). Those scenes were ruined. In many instances, we couldn’t even finesse the proper audio levels in order to cut the costs of replacing the music.

But, at least MTM decided not to release it, probably because they agreed that it was too horrible of a travesty. Until Fox bought the company. Fox will release WKRP the muzak years on April 24th.

Way to go almighty copyright holders. You have successfully destroyed yet another popular artistic endeavor. Now I see why the world needs you to protect us and keep us safe from illegal performance….

Read the full story on Against Monopoly dot org

Posted in dj, legal, music, new release, news, piracy, radio, rock, soul | Leave a Comment »

CRB Upholds High Fees For Internet Radio

Posted by Molli Fire on Monday, 16April07

The CRB decided earlier today to keep their decision pertaining to increased royalty rates for internet radio broadcasters. i have included the entire press release here in order to give you as much information as possible. the press release is from Sound Exchange and i found it on hypebot

FOR IMMEDIATE RELEASE:
APRIL 16, 2007

Judges Rule No Change In Music Royalty Rates

-Increased Fees From Internet Radio Upheld-

Washington, DC—The Copyright Royalty Board (CRB) today upheld its earlier decision on fair royalty rates to be paid to musical artists and record labels for the use of their work on Internet radio. The three judge panel denied motions by Internet radio operators for a rehearing of the Board’s March 1, 2007 decision setting performance royalty rates for Internet radio from 2006 to 2010.

The CRB wrote in its decision, “…none of the moving parties have made a sufficient showing of new evidence or clear error or manifest injustice that would warrant rehearing. To the contrary…most of the parties’ arguments in support of a rehearing or reconsideration merely restate arguments that were made or evidence that was presented during the proceeding.”

SoundExchange Executive Director John Simson declared that this is a victory for performing artists and record labels who work long and hard to produce music for all to enjoy. “Our artists and labels look forward to working with the Internet Radio industry — large and small, commercial and non-commercial — so that together we can ensure it succeeds as a place where great music is available to music lovers of all genres,”said Simson

“AFTRA recording artists applaud the Copyright Royalty Board for upholding their decision on internet radio,” said Kim Roberts Hedgpeth, National Executive Director of the American Federation of Television and Radio Artists (AFTRA). “They deserve to be paid fairly for the use of the creativity, talent, and hard work they put into making music. Internet radio is growing and successful because fans want to listen to the music created by artists. The CRB’s decision recognizes that, as these businesses grow, both featured and non-featured artists should be compensated at fair market rates for their contributions to the growth of these companies.”

The CRB also wrote, “…it appears that all evidence discussed in the motions had either been discovered during the proceeding or could have been discovered during the proceeding, with reasonable diligence.” Additionally, the CRB found: “In the absence of an adequate showing of new evidence, the parties’ arguments in their respective motions amount to nothing more than a rehash of the arguments that the Judges considered in the Initial Determination.”

Michael Huppe, General Counsel of SoundExchange, in noting that SoundExchange is now looking forward to the next steps in the wake of the CRB ruling, said, “We are gratified that the CRB has upheld its decision. With the resolution of these motions, it is now time to move forward with business. It’s in everyone’s best interest to ensure a vibrant and thriving marketplace for Internet Radio and we intend to work with webcasters towards achieving that goal.”

Additionally, the CRB denied the request of webcasters to stay implementation of the new royalty rates (2006-2010) until all legal appeals had been exhausted. In doing so, the CRB pointed to specific language established by Congress in the Copyright Act. The CRB wrote, “…Congress, not the Judges determined the effective dates for the royalty rates…” The CRB went on, “Moreover Congress determined that these rates would go into effect, notwithstanding any pending motions for rehearing..”
Barry Bergman, President of the Music Managers Forum-US aid, “For many artists a royalty check can mean the difference between continuing to create new and exciting music for a living, or allowing musical talents to be silenced. In recognizing the value musical artists bring to the success of Internet radio, the CRB has taken a necessary step in helping to ensure that many artists are able to continue using their special talents which are enjoyed by all.”

The CRB also made two points of clarification regarding its Initial Decision. First, at the request of the webcasters, the CRB will allow them to use estimated ATH (Aggregate Tuning Hours) measures to determine audience listening for 2006 and 2007. However, the CRB said this is only for a transitional period, during which webcasters who have not yet implemented systems to track the music that they play will have the chance to do so.

Also, in response to SoundExchange’s request for clarification, regarding whether the Initial Decision covers webcasting services delivered over cellular networks, the CRB indicated it did.

Background
On March 2, 2007, the Copyright Royalty Board issued a fair and reasonable decision that sets compensation rates to be paid artists and record labels for the public performance of their works by Internet radio broadcasters from 2006-2010. The three judge panel heard testimony from dozens of witnesses and conducted a comprehensive review of tens of thousands of pages of evidence submitted by all interested parties over an 18-month period. The decision is a reflection of the need for artists to be fairly compensated for the performance of their work by webcasters who benefit–financially or otherwise–from their talents. As the music industry evolves from CD-only sales to multiple distribution platforms it is critical that creators of music share in revenues from all platforms.

SoundExchange is the first performance rights organization in the United States to collect and distribute digital audio transmission royalties to artists and sound recording copyright owners. SoundExchange represents over 2000 record companies and thousands of recording artists, and is seeking out more labels and artists who are owed royalties for sound recordings played on digital cable and satellite television music services, satellite radio services or streamed via non-interactive webcast. The non-profit organization is governed by a board of artist and label representatives. Services include track level accounting of performances to all members and collection and distribution of foreign royalties to all members. All artists, labels and/or their representatives are invited to visit http://www.soundexchange.com.

Posted in +Greatest Hits+, activism, dj, hacktivism, internet, legal, music, news, piracy, radio, RIAA | 1 Comment »

DJ Drama Talks About Arrest, New Album

Posted by Molli Fire on Friday, 30March07

there is a thorough article on VH1.com today about DJ Drama. he is speaking out about the arrest, and previewing tracks from his upcoming major release, Gangsta Grillz.

the article is here

sorry no audio previews of the new album…

gangsta grillz

 

 

 

 

Posted in hip hop, legal, music, new release, news, piracy, RIAA | Leave a Comment »

RIAA Runs With Tail Between Legs

Posted by Molli Fire on Thursday, 29March07

ok, maybe that’s actually an exageration. but they should be after receiving a letter from California attorney Merl Ledford III, of Visalia, California. Ledforf III just points out how unreliable their witnesses and evidence are, and how weak their case is. next thing you know, RIAA drops one of its recent cases.
the whole story is on :: techdirt.com :: with an excerpt from the letter. the full letter can be viewed :: here :: where it serves as an example for other lawyers who are defending people against the out of control megalomaniac recording industry.
finally, RIAA’s statement of Voluntary Dismissal can be viewed in all it’s legal-formatted glory :: here::

 

 

 

 

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How To Live DRM Free In The Digital Age

Posted by Molli Fire on Wednesday, 21March07

Living DRM Free In The Digital Age

Is it possible? It depends on what you do as an individual, and what the manufacturers do with the technology that they make available to the public. You, as an individual, have a say in both cases. The first step needs to be taken immediately, while the second step will improve your stride into the future! Here is a new, more organized installment of “a very detailed report” about what is happening this week with digital media – storage, streaming and sharing as well as some resources for DRM free music experiences. (Feel free to read my previous installment, which is long in the tooth, but pretty widely peppered with links for lots more information about the CRB’s drastic increase in royalty rates for webcasters. You can find it in the archive on March 7th.)

First, if you are not familiar with DRM and its issues, start by reading the Wiki entry for DRM which is thorough in its portrayal of the different opinions and motivations that have polarized the music community.
Next, read Steve Jobs’ “Thoughts On Music” on apple.com which has been a hot topic since its publication February 6th 2007. Jobs basically dumbs down the history of Apple’s involvement with the music distribution companies, explains how hackers are smart enough to crack any protection they implement, forcing Apple programmers to keep up an endless game of “cat and mouse” with hackers in order to keep the big music companies docile enough to not yank its entire catalog from the iTunes Store.

– -if you want to know the punchline from these thoughts right now, then keep reading this section. otherwise skip past the brackets and read the manifesto in full on apple.com- –

[- – SPOILER WARNING – – Jobs outlines 3 options for dealing with DRM, choose one : “The third alternative is to abolish DRMs entirely. … This is clearly the best alternative for consumers, and Apple would embrace it in a heartbeat. …” But then he ends the lesson by leaving this option in the hands of the Big 4 and the EU. It’s too bad he did not make a more clear statement of intent for making changes to Apple’s software and hardware, nor the imposed DRM on tunes and movies that are not under the authority of the Big Boys….]

In the interest of counterpoint, i’d like to know how Apple and Steve Jobs would benefit or be compromised by opening up the DRM restraints. Would it ease legal difficulties arising in courts in EU countries? Would it eliminate obstacles to launching the iPhone with full online and streaming capabilities? Are we to believe that Steve Jobs is a man of the people, and making this statement as a champion of the consumers?

This time last year, CNN reported in their Money section :

The companies – Universal, Warner Music (Research), EMI and Sony BMG – were forced to accept Apple CEO Steve Jobs’ pricing because the iTunes music store has so much influence over the U.S. download market, the report said. The iTunes music store accounts for 80 percent of paid downloads.

The newspaper says that some labels were considering signing short-term contracts with Apple now and then bringing up the issue again in the near future.

Wow, that’s a lot of influence our man Steve Jobs has. If he has this kind of sway over the market and the big music companies, then it seems he would be able to make option 3 in his statement a reality : a DRM free industry, where all media players can play the music that we purchase in all of our listening environments. No more cds bought from best buy that can’t be ripped to play in the car. No more tunes purchased from online stores that cannot be played in mp3 players not made by Apple. Freedom from restrictive micro-management.

How do we the people, who gave Steve Jobs that kind of clout by purchasing 80% of all our downloads from the iTunes Store with millions of our hard earned dollars, let him know that we want DRM free music.? How do we push him into championing the cause of the consumer and putting his ideas into concrete action? It’s simple, and realistic, and it involves those 2 steps i mentioned at the beginning of this episode. First, we tell Steve Jobs that we like his ideas and we want them to become reality. Second, we use our dollars as voting power, and only purchase music that is distributed without DRM. Believe it or not, both steps are very easy, and most likely will not restrict your musical experience at all.

NOW – –*right now*– – If you want to show your support for a DRM free experience and urge Steve Jobs and Apple to lead the way out of DRM and its Digital Restrictions Mafia, then add your signature to the “Open Letter to Steve Jobs” on the Defective By Design website. The letter simply urges him to back up his online pledge with reasonable action, specifically by opening the DRM for all media in the iTunes Store that does not require this impairment. This would cover giving independent musicians and labels the option to decline DRM restrictions being added to their files on iTunes, as well as opening DRM from other products that are not required to use DRM. Jobs also has the authority and corporate standing as a member of Disney’s Board of Directors to have the DRM dropped from Disney’s movies and videos sold in the iTunes Store.

Now for the 2nd step : Starting right now, you can begin living a life free from DRM. you probably won’t want to ditch all the DRM music that you already have and enjoy listening to, but you can make concious choices about the music that you purchase in the future. So much of the music we listen to today will be out of regular rotation in our playlists a year or 2 from now ayway. Making choices about music now could actually convert more and more of our playlists to be free of restrictions. Defective By Design features an online guide to DRM-free Living. The guide features links to record labels, online music stores, software, players and more that provide digital music to the public without the restrictive DRM.
This is where i cheer and jump for joy – Yay!!! Because, there are some great stores on this list that i already frequent, and have been posting links to for you to listen to the great music that i have been writing about! Not only do i vouch for some of these sites, i highly encourage you to go check out their selection! Bleep.com is on there, a great online store for electronic music (Warp Records, Traum, Ed Banger), hip hop and dj music (Ninja Tunes, XL), blues and reggae (Birdman, Trojan) and much much more. The store is vast, and nearly every song on every album has a preview clip to listen to. And yep – eMusic.com and Canada’s Nettwerk is on there as well. When you are checking out this amazing guide, don’t miss page two, because that’s where you will find the link to DRM-free streaming videos like the Decemberists and Postal Service, as well as internet tv and video podcasts.
Oh, and speaking of defective design, many links in the guide were not working for me! but, i was able to locate every website address by hovering over either the site name or the tag name, reading the address and typing it by hand in the location bar. hopefully DbD will have that fixed soon.

Whew! There you have it, an exhaustive report on how to survive as a music lover in the age of music restriction. Consider this your bootleg bottle of prohibition digital music information! i hope you enjoyed the read, and found it helpful. i imagine there will probably be another installment next week, when the industry announces more ways to steal our money.

Posted in +Greatest Hits+, activism, DRM, hacktivism, internet, legal, mp3, music, music tech, news, piracy, RIAA, social, technology, writ | 1 Comment »

U of Michigan is ready to turn students over to RIAA

Posted by Molli Fire on Wednesday, 14March07

According to a letter sent out to all U of Michigan staff and students :

“the University of Michigan received notification that the Recording Industry Association of America (RIAA) intends to sue or receive settlement from more than a dozen members of the U-M community engaged in unlawful peer-to-peer file sharing of music over the Internet. The RIAA has designated these individuals through IP addresses, and the University is in the process of identifying and notifying them.”

to read the full letter and comments via a Wired Blog, click here…

this is only one stance taken by the universities that have received threatening letters from the RIAA. i remember reading last week that Ohio University (who is #1 in pirates) has set up numerous sessions for students to meet with staff and legal consultants to discuss the options and obstacles. other universities are coming up empty handed. RIAA sent 2 letters to University of North Dakota, requesting student identities for offenses that occured more than a month ago. U of ND only retains ip records for 30 days, and therefore cannot fill the RIAA’s request.

more info here.

Posted in internet, legal, mp3, music, news, RIAA, technology | Leave a Comment »