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John Lemke

NASA Hosts STS-133 Song Contest Winner Live in Mission Control - Yahoo! News - 0 views

news.yahoo.com/...DC61153_1

nasa music song wake-up STS-133 writeabout Spaceflight technology newspacerace tech

shared by John Lemke on 09 Mar 11 - No Cached
  • John Lemke on 09 Mar 11
     
    "Blue Sky" was written by the band as a tribute for Discovery's return to flight mission (STS-114) in 2005. The song received the most votes in NASA's "Top 40 song contest." The top two songs were played as wakeup music for the shuttle crew. [ For complete coverage of politics and policy, go to Yahoo! Politics ] Receiving 722,662 votes (29 percent), "Blue Sky" outdistanced the "Theme from Star Trek." The theme received 671,133 votes (27 percent) and was played to wake the crew Monday morning with a special introduction by William Shatner, the actor who played Captain James T. Kirk.
John Lemke

Court: Fining Jammie Thomas $9,250 Per Song Infringed Motivates Creative Activity | Tec... - 0 views

www.techdirt.com/...ivates-creative-activity.shtml

thomas song 2012 RIAAvsThomas Jammie Thomas litigation law legal court decision

shared by John Lemke on 12 Sep 12 - No Cached
  • This is hardly a surprise, but similar to the Joel Tenenbaum case, Jammie Thomas-Rasset (the other person sued for copyright infringement for using a file sharing system), has lost again. The appeals court (8th Circuit) has ruled that $9,250 per song infringed is perfectly reasonable and that the judge in the case, Michael Davis, erred in calling for a new trial after the initial jury verdict (the first of three). There were a number of procedural issues here, and it's worth pointing out that Thomas-Rasset herself more or less asked the court to bring back this first verdict and focus on the Constitutionality of the damages amount. So, the whole mess with the three separate district court trials sort of gets swept under the rug. However, the court simply isn't buying Thomas-Rasset's claim that the statutory damages are unconstitutionally punitive and a violation of due process. Basically, it says that the fact that statutory damages are completely out of whack with actual damages doesn't matter, because the point of statutory damages is that they're disconnected from actual damages on purpose (because, in theory, they're put in place because actual damages are difficult to assess).
John Lemke

So What Can The Music Industry Do Now? | Techdirt - 0 views

www.techdirt.com/...an-music-industry-do-now.shtml

2012 industry music newmediaorder businessmodel business techdirt

shared by John Lemke on 28 Sep 12 - No Cached
  • The past was, and the future is going to be, much more about performance. In this new world, recordings often function as more as ads for concerts than as money-makers themselves. (And sometimes are bundled with concert tickets, as Madonna's latest album was.) As a result, copying looks a lot less fearsome. A copied ad is just as effective--and maybe much more so--than the original.
  • Just ask pop singer Colbie Caillat. Caillet's music career began in 2005 when a friend posted several of her home-recorded songs to MySpace. One song, Bubbly, began to get word of mouth among MySpace users, and within a couple of months went viral. Soon Colbie Caillat was the No. 1 unsigned artist on MySpace. Two years after posting Bubbly, Caillet had more than 200,000 MySpace friends, and her songs had been played more than 22 million times. Caillet had built a global fan base while never leaving her Malibu home. In 2007, Universal Records released her debut album, Coco, which peaked at No. 5 on the Billboard charts and reached platinum status.
  • The problem of piracy in music is, of course, very different from the problem in comedy. Stand-up comics worry most about a rival, not a fan, copying their jokes. Still, the reduction of consumer copying of music via norms may be possible, and will become more imaginable if the music industry experiences ever-greater fragmentation and communication. There is already an interesting example of norms playing a substantial role in controlling copying in music. In the culture of jambands, we see the fans themselves taking action to deter pirates. What are jambands? In a fascinating 2006 paper, legal scholar Mark Schultz studied the unique culture of a group of bands that belong to a musical genre, pioneered by the Grateful Dead, characterized by long-form improvisation, extensive touring, recreational drug use, and dedicated fans. Although acts like Phish, Blues Traveler, and the Dave Mathews Band vary in their styles, they are all recognizably inspired by the progenitors of jam music, the Dead. But the Dead's influence is not only musical. Most jambands adhere to a particular relationship with their fans that also was forged by the Dead.
  • ...1 more annotation...
  • it turns out that by killing the single, the record labels made the Internet piracy problem, when it arrived, even worse. One of the major attractions of filesharing was that it brought back singles. Consumers wanted the one or two songs on the album that they liked, and not the ten they didn't.
John Lemke

Surprise: ASCAP and Music Labels Colluded To Screw Pandora | Techdirt - 0 views

www.techdirt.com/...-labels-to-screw-pandora.shtml

2014 ASCAP music infringement copywrong copyright law legal litigation scam labels

shared by John Lemke on 13 Feb 14 - No Cached
  • A key part of this was that the major labels, key members of ASCAP, suddenly started "dropping out" of ASCAP in order to do licensing directly. At first we thought this was a sign of how the labels might be realizing that ASCAP was obsolete and out of touch, but it has since become clear that these "removals" were all something of a scam to force Pandora into higher rates.
  • What happened was that ASCAP and Pandora had first negotiated a higher rate than Pandora had agreed to in the past -- reaching a handshake agreement. However, before that agreement could be finalized, these labels started "withdrawing" from ASCAP in order to negotiate directly. As part of that, both ASCAP and the labels refused to tell Pandora which songs had been withdrawn, meaning that if Pandora accidentally played one of the withdrawn songs (again, without knowing which songs were withdrawn),
  • Your Honor, by the time Pandora asked for this information on November 1st, both ASCAP and Mr. Brodsky [Sony Executive VP] had in their possession this very list. The deposition testimony from ASCAP was that this list as is could have been delivered to Pandora within 24 hours were it only to get the go-ahead from Sony to do so. ASCAP never received the go-ahead. We cited much of the internal back-and-forth on this in our briefs... My favorite is the following exchange between Mr. DeFilippis and Mr. Reimer of ASCAP on December 19th, 2013, PX 193. You see the question being asked by Mr. DeFilippis: why didn't Sony provide the list to Pandora? Mr. Reimer's response: Ask me tomorrow. Mr. DeFilippis: Right. With drink in hand. And the inference here is just incredible. This data was sitting there, your Honor, and nobody was willing to give it to Pandora.
  • ...1 more annotation...
  • There's a lot more in there, but it seems abundantly clear that these labels "withdrawing" from ASCAP had nothing to do with competition or market rates. It appears that it had little to do with even withdrawing from ASCAP. Instead, it seems to have been designed from the start to basically screw over Pandora, in what certainly smells an awful lot like collusion, by forcing Pandora to pay exorbitant rates or suddenly face a massive copyright liability because no one would tell them what songs were being "withdrawn" from an existing licensing agreement.
John Lemke

Copyright and the DMCA | WFUV Radio - 0 views

www.wfuv.org/copyright

WFUV copyright radio dmca

shared by John Lemke on 04 Sep 11 - No Cached
  • Some of these DMCA rules outline restrictions on the frequency some songs can be played. In any 3-hour period, we can webcast: No more than 3 songs from one album;no more than 2 played consecutively No more than 4 songs from a set/compilation;no more than 3 played consecutively No more than 4 recorded songs by the same artist(live studio appearances are okay)
  • John Lemke on 04 Sep 11
     
    List streaming radio restrictions.
John Lemke

File-sharer will take RIAA case to Supreme Court | Ars Technica - 0 views

arstechnica.com/...ake-riaa-case-to-supreme-court

2012 RIAAvsThomas Jammie Thomas litigation law legal thomas song riaa supreme court court INN

shared by John Lemke on 12 Sep 12 - No Cached
  • Jammie Thomas-Rasset
  • the first US file-sharer to take her RIAA-initiated lawsuit all the way to a trial and a verdict back in 2007. Five years, three trials, and one appeal later, she owes $222,000 to the recording industry for sharing songs on the Kazaa file-sharing network, but she doesn't plan to quit fighting.
  • Thomas-Rasset will follow Joel Tenenbaum, the second US resident to take his file-sharing case that far. Tenenbaum—who reached the Supreme Court first because he had only one jury trial instead of three—tried to convince the justices that they should take his case to stop the music label plan to create, in his lawyer's words, "an urban legend so frightening to children using the Internet, and so frightening for parents and teachers of students using the Internet, that they will somehow reverse the tide of the digital future." The Supremes showed no interest, denying Tenenbaum's petition back in May.
John Lemke

Little red lawsuit: Prince sues 22 people for pirating his songs | The Verge - 0 views

www.theverge.com/...-people-for-pirating-his-songs

prince lawsuit 2014 legal law YouTube Blogger litigation intellectualproperty indienationnews

shared by John Lemke on 27 Jan 14 - No Cached
  • The case, filed as Prince v. Chodera in the Northern District of California, reads, "The Defendants in this case engage in massive infringement and bootlegging of Prince's material." Only two defendants are named in the suit, however — the rest are listed as John Does, though eight do have the distinction of being regarded by their online handles. Nevertheless, Prince, based on "information and belief," alleges that each of the individuals worked together on Facebook and Blogger to conduct infringing activity, and lists extensively the mirror sites and blogs each used to distribute copies of his work. He has thus demanded $1 million with interest in damages from each of the defendants, along with a permanent injunction to prevent all of them from doing further harm.
John Lemke

File-Sharing Boosts Creation of New Hit Music, Research Finds | TorrentFreak - 0 views

torrentfreak.com/it-music-research-finds-140102

2014 legal law technology tech p2p music sales IN-Pub hit

shared by John Lemke on 02 Jan 14 - No Cached
  • It is clear that file-sharing encourages the distribution of existing music, and in a paper titled “A Case Study of File Sharing and Music Output” the professor examines what the connection is between music piracy and the creation of new music.
  • The paper provides empirical evidence that file sharing did not reduce the creation of new hit songs. Instead, more new music entered the hit charts, an effect that’s driven by existing artists.
  • The data shows that the output from existing artists increased, while new artists appeared less frequently in the hit charts. However, since the new material from existing artists was greater than the loss from new artists, the “creation” of new music increased overall.
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  • “Specifically, the [result] suggests that the 58.92 percent decline in record sales would be associated with a net increase of 20.6 new songs in the study’s sample annually, all else constant,” Professor Lunney writes.
John Lemke

Physicist/musician's CD comes with a Petri dish and scientific paper - Boing Boing - 0 views

www.boingboing.net/...physicistmusicians-c.html

wroteatindienation writeabout music CD marketing novel kewl neat science physics 2011

shared by John Lemke on 02 Mar 11 - No Cached
  • John Lemke on 02 Mar 11
     
    A micrograph of stained penicillin is printed onto the CDs, which are presented in an attractive Petri Dish setting. The album sleeve notes come in the form of a 20-page scientific paper, telling you all you could ever wish to know about the origins, methods and results of this art/science endeavour, as well as full lyrics and some scientific background to explain the songs.
John Lemke

Researchers discover that cars can be hacked with music - Hack a Day - 0 views

hackaday.com/...-cars-can-be-hacked-with-music

researchers cars 2011 hack exploit malware vehicle security automobile mp3

shared by John Lemke on 17 Mar 11 - No Cached
  • John Lemke on 17 Mar 11
     
    ome car entertainment systems were susceptible to specially-crafted MP3 files. The infected songs allowed them to inject malicious code into the system when burned to a CD and played. While this sort of virus could spread fairly easily with the popularity of P2P file sharing, it would likely be pretty useless at present.
John Lemke

CRIA Watches Massive Music Piracy Crisis Devastate Unknown Band | TorrentFreak - 0 views

torrentfreak.com/-devastate-unknown-band-110404

2011 p2p music businessmodel filesharing writeabout wroteatindienation

shared by John Lemke on 05 Apr 11 - No Cached
  • John Lemke on 05 Apr 11
     
    "The Canadian Recording Industry Association (CRIA) states that, to achieve Platinum status, an album must achieve sales of 100,000 copies/downloads of an album. Sales…that's the key. A random polling of several torrent site's downloads-ILLEGAL downloads-has shown that 1ST, the debut cd by ONE SOUL THRUST has been downloaded over 100,000 times," he wrote. Now, 100,000 downloads is a lot, especially for a band like One Soul Thrust who have just 176 Twitter followers and a single short, non-musical video on their YouTube channel which at the time of writing has 79 views. Incidentally, the video is quite nice, since they have actually taken the time out to thank a radio station for playing one of their songs. However, the band are less pleased that people are apparently sampling their music using newer methods, i.e BitTorrent. "We paid to create that album totally out of our own pockets. People think of illegal downloading not hurting anyone, but we're real people too- with real mortgages, real family to feed and real bills to pay," said lead-vocalist Salem Jones. "By downloading our album from pirate sites, people have stolen from us, our families, everyone involved in the production of our album, and their families."
John Lemke

'You could be liable for $150k in penalties-settle instead for $20 per song' | Ars Tech... - 0 views

arstechnica.com/...s-new-for-profit-copyright-cop

2014 indienationnews law legal copyright troll copywrong litigation infringement

shared by John Lemke on 04 Jun 14 - No Cached
  • It works like this: users accused by Rightscorp are found via IP addresses appearing in BitTorrent download swarms. If ISPs agree to forward Rightscorp's notices—and an increasing number of them are doing so—the users get notices that they could be liable for $150,000 in damages. Unless, that is, they click on a provided link and agree to settle their case at a low, low price. Typically, it's $20 per song infringed.
  • John Lemke on 04 Jun 14
     
    They are calling it RIAA-light
John Lemke

David Byrne and Cory Doctorow Explain Music and the Internet | culture | Torontoist - 0 views

torontoist.com/...explain-music-and-the-internet

2012 indienationnews intelectualProperty law legal copyright music sampleing culture business businessmodel

shared by John Lemke on 24 Sep 12 - No Cached
  • Byrne and Doctorow were there to talk about how the internet has affected the music business. While that was certainly a large part of the discussion, the conversation also touched on all the ways technology and music interact, from file sharing to sampling.
  • Doctorow pointed out that two of the best-selling and most critically acclaimed hip-hop records of the 1980s—Public Enemy’s It Takes a Nation of Millions to Hold Us Back, and the Beastie Boys Paul’s Boutique—would have each cost roughly $12 million to make given today’s rules surrounding sample clearance.
  • “In the world of modern music, there are no songs with more than one or two samples, because no one wants to pay for that,” Doctorow said. “So, there’s a genre of music that, if it exists now, exists entirely outside the law. Anyone making music like Paul’s Boutique can’t make money from it, and is in legal jeopardy for having done it. Clearly that’s not what we want copyright to do.” When the conversation turned to downloads and digital music distribution, both men were surprisingly passionate on the topic of digital rights management, and how it’s fundamentally a bad idea.
  • ...1 more annotation...
  • Doctorow argued that the way humans have historically shared music is totally antithetical to the idea of copyright laws. He pointed out that music predates not only the concept of copyright, but language itself. People have always wanted to share music, and, in an odd way, the sharing of someone else’s music is embedded in the industry’s business model, no matter how badly some may want to remove it.
  • John Lemke on 24 Sep 12
     
    "Doctorow pointed out that two of the best-selling and most critically acclaimed hip-hop records of the 1980s-Public Enemy's It Takes a Nation of Millions to Hold Us Back, and the Beastie Boys Paul's Boutique-would have each cost roughly $12 million to make given today's rules surrounding sample clearance."
John Lemke

Recording Industry Rep Suggests Parents Should Slap Their Children To Stop Piracy | Tec... - 0 views

www.techdirt.com/...-children-to-stop-piracy.shtml

parents 2012 piracy court decision litigation music p2p newmediaorder techdirt monitoring filesharing

shared by John Lemke on 18 Nov 12 - No Cached
  • A ruling handed down yesterday by Germany's highest court represents a blow to rightsholders in their quest to clamp down on illicit file-sharing. The court ruled that the parents of a teenager who had made available more than 1,100 songs on file-sharing networks can not be held responsible for their son's infringements, nor be required to monitor or hinder his online activities.
  • The Court ruled that the parents had met their parental obligations when they informed their child of "basic do's and don'ts" including that file-sharing copyrighted content online is illegal. Furthermore, the Court ruled that the parents were not required to monitor their child's online activities nor install special software to restrict his online behavior. This would only be required should the parents have "reasonable grounds" to presume that their child would engage in infringing activities online.
John Lemke

Rock Band Serenades Discovery Astronauts With Out-of-This-World Music | Space Music, As... - 0 views

www.space.com/very-astronauts-rock-band.html

music song wake-up STS-133 writeabout technology Spaceflight nasa rock serenades

shared by John Lemke on 09 Mar 11 - No Cached
  • John Lemke on 09 Mar 11
     
    Big Head Todd & The Monsters
John Lemke

Guy Sues Over 'Da Da Da Da Da Da.... CHARGE!' Jingle He Might Not Have Written | Techdirt - 0 views

www.techdirt.com/...e-might-not-have-written.shtml

2011 writeabout copywrong newmediaorder copyright charge music song right intellectual+property indienationnews

shared by John Lemke on 05 May 11 - No Cached
  • John Lemke on 05 May 11
     
    A few different folks sent over variations on this story about how a guy named Bobby Kent claims to have come up with the now ubiquitous "da da da da da da... CHARGE!" music in 1978. If you've been to a major sporting event in the US in the past few decades, you've almost certainly heard it
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