27
Oct
08

Sound the Last Post, Then Unite and Take Over

I, like many MP3 bloggers, am deeply disturbed by the information gathered on a post over at The Vinyl Villain. JC has collected links to the following posts that all address the current censorship and bullying that is taking place in the MP3 blogosphere:

To Die By Your Side Post
Song, By Toad Post
Teenage Kicks Post
17 Seconds Post

I encourage you to read them all because each of them provides a slightly different insight into the rash of MP3 blog post removals, specifically by Google’s Blogger. I would also like to add a couple of my own links to relevant stories, including this story about Metallica and the Muxtape story. Now, as many of you know, I’ve been studying MP3 blogging with a fair amount of depth this past year, and as far as I could tell, most MP3 bloggers appeared safe from legal action because of the ephemeral nature of most download links, because of their disclaimers about asking for removal of MP3s, and because of the fact that as long as they posted only a few MP3s, and not full albums, they were operating under the following “fair use” clause of the Copyright Law:

“Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.”

As evident through the above bloggers’ stories, this safety net has been torn from under us. Now there are talks of blogs disappearing and/or going underground (ie: email subscription services), but what I fail to understand is what record labels hope to gain by attacking MP3 blogs. Have they heard of torrents? Is it because it’s easier to target a bunch of relatively small static entities rather than massive networks whirling around the globe? To treat MP3 blogs and their offshoots as though they’re the same as the P2P filesharing frenzy started by Napster in the late 90s, is utterly ridiculous. There are so many flaws in these actions on the part of both major record labels and Google, but I would like to point out a few pertinent ones.

Firstly, how can archaic copyright laws be applied to drastically new developments in technology? How can you steal something whilst leaving it with the person you “stole” it from? This process is one of cloning, not of physical products leaving one spatial location to be in another. And after being in academia so long, I know the copyright law well enough – of course you can’t photocopy a whole book, but you can definitely copy portions that you need for your studies. The reason why this analogy doesn’t quite work is because photocopying a book would be a lot more time-consuming than downloading and burning an album or several. But I would like to point out the fact that research and epistemological processes have been built upon the foundation of citation. You cannot write an academic piece of literature without references, citations and examples from previous works to bolster your argument. Well, MP3s are bolstering our arguments. We are not plagiarizing entire books, we are providing our examples. Consider our MP3 links to be inside quotation marks.

Ideas and art do not spring from a vacuum. This is the civilized world that literacy ushered in. Once thoughts and information could be recorded for reference, they could be easily used to continue building on, generating a sense of progress. Science and technology themselves couldn’t have gone anywhere without the free flow and dissemination of information. Knowledge generates knowledge, and by preventing access to ideas and cultural artifacts, big businesses are only killing civilization as we know it. However, when you take a look at the history of communication, we are merely repeating it. When the printing press became more widespread, copyright laws were created by those that feared losing power, and restrictions were placed on who could produce printed news and books, but eventually, progress broke the elitist hold and the presses were opened again. This is not to say that censorship isn’t alive and well and that “free” societies are actually completely free and democratic.

In the current state of the world, it is becoming increasingly apparent that information is the new power, not military. Wars shall be fought with information and gathered intelligence – knowledge is indeed power. Chomsky and Herman’s Propaganda Model makes the point that journalism is greatly shaped and filtered by restricting means of production and communication to only those who have the financial means to do so. These filters are firmly entrenched in the world of journalism, so much so that they tend to be invisible to most people. I suggest you read Manufacturing Consent to illuminate this fraudulent concept of freedom of speech. My worry is how these filters will eventually find their way from the world of “official” journalism to the world of “unofficial” journalism. In some ways, they already have. For those without the money for a computer or high-speed Internet, MP3 blogging wouldn’t be an option in the first place. But soon the privileged, but non-elite people who maintain MP3 blogs could be silenced, too. If more of the financial elite get control over the Internet and its applications, the supposed freedom of online communcation and creation will completely disappear. My only hope is that there will continually be innovative people one step ahead, using their individual brains and sources of knowledge.

The issue here is primarily MP3s – I highly doubt blogs that merely discuss music without free downloads are being targeted in the same way. In many ways, MP3s are art, but they are also literally encoded information, so by stopping bloggers from using a few samples, music labels are obstructing the flow of information and attempting to curtail individuals thinking for themselves. Music fans are gaining power through being able to sample before buying, so record labels need only fear if their artists aren’t good enough to convince people to purchase their product. It’s hard to believe that the people in charge of the music industry have any business acumen at all with the absurd strategies they’re using. These strategies include the hidden Copyrighting Board Private Copying Tariff on the prices of blank audio cassettes and blank CDRs.

Secondly, it seems mad that record labels haven’t learned from their first go-round in which they fought the very technology that affected the future of their industry/commodity. Now, they’re fighting the future of music publicity. It’s like reaching for the bail bucket on the Titanic. The removal of MP3 blog posts is a pyrrhic victory for the music industry and a classic case of the music industry gnawing on the hand that feeds it. To attack people who have provided disclaimers and expired links, is an exercise in futility and ends up infringing on the property of others. And these others are the “real” music fans -the ones who actually buy music and go to live shows as opposed to the casual music fans who don’t care whether they get all their music from torrents and who will likely never be the target market for excessive music buying.

It appears that Coxon of To Die By Your Side could have been targeted because he wrote a critical review of Cold War Kids’ latest album. Well, I did, too – here. And perhaps one of the reasons I haven’t had my post removed yet is because I’m still flying under the radar and not generating huge traffic. I, like most other bloggers, have had plenty of positive feedback from the artists themselves, who are happy that their art is being exposed to the public by people who are just as passionate about it as they are. Unlike the music industry, and to an increasingly greater extent, the music journalism industry, many MP3 bloggers view music as art, not as strictly a commodity. If the music industry is so in tune with the laws of capitalism, they should recognize the moment when a business has to adapt or die – that moment has already come and gone, but the industry has found no viable solution for itself; thus, industry people busy themselves by bullying those that can’t feasibly fight back so that they can feel proactive rather than the lumbering retroactive people they are.

Fear generates fear. The obsolete middlemen in the music industry are fearing for their livelihoods, and are thus using fear tactics upon both blog hosts like Google and MP3 bloggers. I refuse to be fearful. If and when it comes to sounding my last post, I, along with other music fans, will find a new way of communicating because the process that literacy set in motion cannot be stopped. If we are to be viewed as shoplifters, then all I have to say is: Shoplifters of the world unite and take over.

Shoplifters Of the World Unite – The Smiths

Can the Haves Use Their Brains – McCarthy

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7 Responses to “Sound the Last Post, Then Unite and Take Over”


  1. 1 JC
    October 28, 2008 at 7:51 pm

    Amen sister. Amen.

    I’d like to refer folk over to Steve’s latest piece which provides some sort of rationale (but not an excuse) for Google/Blogger’s behaviour in removing posts.

    http://festivefifty.blogspot.com/2008/10/return-of-django.html

    Thanks for such a brilliantly worded contribution to all of this…

  2. 2 Ed
    October 29, 2008 at 7:32 am

    Excellent -will be posting a link to this over at 17 Seconds

  3. 3 Planet Mondo
    October 29, 2008 at 10:01 am

    I had the same thing and was blog-busted for probably posting a Prince tune in the same week.

    And as you say torrents are where the real piracy happens, not music blogs where it’s passionate cyber-babble about rock and pop. I’ve actually had Q and A’s with several performers on my blog – The Undertones, Marco Pirroni, Brian James – who’ve all endorsed the use of MP3s in the related posting.

    And here’s a thing- what about a libraries? Not that I’m against them in any way, far from it. But they offer a mighty selection of music that anyone can borrow for some loose change charge and return a few days/weeks later.

    Do music exec’s really think these borrowers will not make a copy of the lent item during their loan period. I would imagine the turn over on these(generally mainstream) items reduces the potential take-up by buyers significantly more, the downloaded scraps of oddities and obscurities found on music blogs.

  4. 4 Highlander
    October 29, 2008 at 10:46 pm

    Hear, Hear! Anglopunk!

  5. 5 sarah
    January 9, 2009 at 7:16 am

    I recently came accross your blog and have been reading along. I thought I would leave my first comment. I dont know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often.

    Sarah

    http://www.thetreadmillguide.com


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The only certain thing that is left about me

There is no part of my body that has not been used

Pity or pain, to show displeasure's shame

Everyone I've loved or hated always seems to leave

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So I turned myself to face me

But I've never caught a glimpse

Of how the others must see the faker

I'm much too fast to take that test

The Smiths Queen is Dead

A dreaded sunny day

So let's go where we're happy

And I meet you at the cemetry gates

Oh, Keats and Yeats are on your side

A dreaded sunny day

So let's go where we're wanted

And I meet you at the cemetry gates

Keats and Yeats are on your side

But you lose 'cause weird lover Wilde is on mine

The Clash London Calling

When they kick at your front door

How you gonna come?

With your hands on your head

Or on the trigger of your gun

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Charles Windsor, who's at the door

At such an hour, who's at the door

In the back of an old green Cortina

You're on your way to the guillotine

Here the rabble comes

The kind you hoped were dead

They've come to chop, to chop off your head

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Then you came with your breezeblocks

Smashing up my face like a bus-stop

You think you're giving

But you're taking my life away

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Won't someone give me more fun?

(and the skin flies all around us)

We kiss in his room to a popular tune

Oh, real drowners

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Don't walk away

In silence

See the danger

Always danger

Endless talking

Life rebuilding

Don't walk away

Walk in silence

Don't turn away in silence

Your confusion

My illusion

Worn like a mask of self-hate

Confronts and then dies

Don't walk away

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You don't want to hurt me

But see how deep the bullet lies

Unaware I'm tearing you asunder

Oh there is thunder in our hearts

Is there so much hate for the ones we love

Tell me we both matter don't we

The Associates Affectionate

I don't know whether

To over or under estimate you

Whether to over or under estimate you

For when I come over

You then put me under

Personal taste is a matter of gender

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I wake at dusk to go alone without a light

To the unknown

I want this night inside of me

I want to feel

I want this speeding

I want that speeding

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You'll never live like common people

You'll never do what common people do

You'll never fail like common people

You'll never watch your life slide out of view

And dance and drink and screw

Because there's nothing else to do

Vanilla Swingers

All I have is words, words that don't obtain

And I feel I'm a stain on your horizon

So I stay away - it's easier that way

And there won't be no-one I need to rely on

Is it him, is it me

Or is there something only I can see

How did I get here, why do we blow around like straw dogs on the breeze

I'm a special one, what they used to say

But I've to stay on, finish levels-A

You don't need exams when you've read John Gray

The Indelicates American Demo

And nobody ever comes alive

And the journalists clamour round glamour like flies

And boys who should know better grin and get high

With fat men who once met the MC5

And no one discusses what they don't understand

And no one does anything to harm the brand

And this gift is an illusion, this isn't hard

Absolutely anyone can play the fucking guitar

JAMC Darklands

And we tried so hard

And we looked so good

And we lived our lives in black

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Plucked her eyebrows on the way

Shaved her leg and then he was a she

She says, hey babe,

Take a walk on the wild side

Said, hey honey, take a walk on the wild side

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Hide on the promenade

Etch a postcard:

How I dearly wish I was not here

In the seaside town...that they forgot to bomb

Come, come, come - nuclear bomb

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Back when we were kids

We would always know when to stop

And now all the good kids are messing up

Nobody has gained or accomplished anything

Wire Pink Flag

Prices have risen since the government fell

Casualties increase as the enemy shell

The climate's unhealthy, flies and rats thrive

And sooner or later the end will arrive

This is your correspondent, running out of tape

Gunfire's increasing, looting, burning, rape

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Well, maybe there's a god above

But all I've ever learned from love

Was how to shoot somebody who outdrew you

It's not a cry that you hear at night

It's not somebody who's seen the light

It's a cold and it's a broken hallelujah

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And what costume shall the poor girl wear

To all tomorrow's parties

For Thursday's child is Sunday's clown

For whom none will go mourning

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My body is your body

I won't tell anybody

If you want to use my body

Go for it

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Oh it's opening time

Down on Fascination Street

So let's cut the conversation

And get out for a bit

Because I feel it all fading and paling

And I'm begging

To drag you down with me

Mansun Six

And you see, I kind of shivered to conformity

Did you see the way I cowered to authority

You see, my life, it's a series of compromises anyway

It's a sham, and I'm conditioned to accept it all, you see

Japan Gentlemen

Take in the country air, you'll never win

Gentlemen take polaroids

They fall in love, they fall in love

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We just want to emote til we're dead

I know we suffer for fashion

Or whatever

We don't want these days to ever end

We just want to emasculate them forever

Forever, forever

Pretty sirens don't go flat

It's not supposed to happen like that

Longpigs The Sun

There's no perfume I can buy

Make me smell like myself

So I put on perfume

To make me smell like someone else

In bed

Calvin Harris I Created Disco

I got love for you if you were born in the 80's, the 80's

I've got hugs for you if you were born in the 80's, the 80's

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Does his makeup in his room

Douse himself with cheap perfume

Eyeholes in a paper bag

Greatest lay I ever had

Kind of guy who mates for life

Gotta help him find a wife

We're a couple, when our bodies double

Simple Minds Sons and Fascination

Summer rains are here

Savaged beauty life

Falling here from grace

Sister feeling call

Cruising land to land

No faith no creed no soul

Half a world away

Beauty sleeps in time

Sound and fury play

Bloc Party Silent Alarm

North to south

Empty

Running on

Bravado

As if to say, as if to say

He doesn't like chocolate

He's born a liar, he'll die a liar

Some things will never be different

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LCD Soundsystem

Well Daft Punk is playing at my house, my house

I've waited 7 years and 15 days

There's every kid for miles at my house, my house

And the neighbors can't...call the police

There's a fist fight brewin' at my house, my house

Because the jocks can't...get in the door

Johnny Boy

I just can't help believing

Though believing sees me cursed

Stars Set Yourself

I am trying to say

What I want to say

Without having to say "I love you"

Josef K Entomology

It took 10 years to realise why the angels start to cry

When you go home down the main

Your happy smile

Your funny name

Cocteau Twins Bluebell

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Doesn't she look a million with her hairagami set

Hair kisses 'n' hair architecture

Yes, she's a beautiful brunette angel from heaven with her hairagami set

Hair kisses 'n' hair architecture

Augment a beautiful brunette

New Order Power Corruption

How does it feel

To treat me like you do

When you've laid your hands upon me

And told me who you are

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You must let her go

She's not crying

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Baiting

Feeling like I'm waiting

Modern times

Valentines

Hating

Hating to distraction

Just leave them alone

Whipcrack

Girls in the back

Girls in the back

Puressence Don't Forget

They say come back to earth and start getting real, yeah

I say come back to earth and start getting real

I know I can't

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So I walk right up to you

And you walk all over me

And I ask you what you want

And you tell me what you need

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The problem of leisure

What to do for pleasure

Ideal love a new purchase

A market of the senses

Dream of the perfect life

Economic circumstances

The body is good business

Sell out, maintain the interest

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Sitting in my armchair thinking again and again and again

Going round in a circle I can't get out

Then I look around thinking day and night and day

Then you look around - there must be some explanation

And the tension builds

Psychdedelic Furs

India, India

You're my love song

India, you're my love song

In the flowers

You can have me in the flowers

We will dance alone

And live our useless lives

Ladytron Light Magic

They only want you when you're seventeen

When you're twenty-one

You're no fun

They take a polaroid and let you go

Say they'll let you know

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No consolation prizes

Spit out your lies and chewing gum

Cut off your hair yeah that's it!

If you look like that I swear I'm gonna love you more

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All the neighbors are startin' up a fire

Burning all the old folks, the witches and the liars.

My eyes are covered by the hands of my unborn kids

But my heart keeps watchin' through the skin of my eyelids

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Prince charming

Prince charming

Ridicule is nothing to be scared of

Don't you ever, don't you ever

Stop being dandy, showing me you're handsome


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