| 03.02 |
Don Henley on the RIAA |
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In 1998, the RIAA was at it again. This time, its high-octane lobbyists persuaded Washington lawmakers to allow the RIAA to add a provision to a sweeping bankruptcy bill (HR 3150) that makes it almost impossible for musicians who declare bankruptcy to get out of their recording contracts. Two major recording acts had recently done so, and the RIAA, delirious with paranoia, thought it spied a trend.
The RIAA language was one of numerous add-ons to a 200 page bill. Reporter Justin Pritchard wrote in the "Capital Eye" newsletter, "The provision sought by the RIAA was tucked into the bill by Rep Bill McCollum (R-FL), who has taken $3000 from the RIAA PAC since 1995 and acknowledges adding the language after entreaties from the RIAA." With no hearings and little debate, lawmakers accepted the industry lobbyists' claims that bankruptcy filings by recording artists were damaging business - and were increasing.
Skeptics suspected the industry wouldn't give the specific examples because the list would have been embarrassingly short. "Whereas approximately one percent of all American adults filed for bankruptcy in 1997 ... not even one-tenth of one percent of recording artists filed for bankruptcy annually," Rep Robert Scott (D-VA) told colleagues on June 10th, when he tried to strike the language from the bill on the House floor.
Cut to late September 2001, Capitol Hill. Rep Rick Boucher (D-VA), Congress' most knowledgeable member with regard to the Internet, is telling "Billboard" reporter Bill Holland that he thinks the RIAA's recent efforts to insert language into a pending federal anti-terrorism bill "do a disservice to the legislative process." Boucher's remarks are directed at the RIAA's efforts to secure alternate language in the Senate version of the anti-terrorist Patriot Bill that would have granted it full immunity to hack into - and possibly disable - computers of suspected infringers on peer-to-peer networks such as Napster.
The RIAA language was rejected by the Senate Judiciary Committee staff, which subsequently drafted language of its own that would enable the Justice Department to pursue suspected terrorists but also reportedly alleviated concerns by the RIAA, the Motion Picture Association of America and others that the new bill would have a negative effect on anti-piracy efforts.
Boucher, a member of the House Judiciary Committee as well as its Subcommittee on Courts, the Internet and Intellectual Property, told "Billboard", "I think it's time the RIAA respect the legislative process and utilize it as it was designed to be used. And rather than have its provisions slipped into legislation at the last minute in a conference committee, the RIAA should have its bills introduced [and] go through the regular hearing process and the committee markup process, just like everybody else.
"Nobody goes behind the scenes as much as the RIAA does," Boucher continued. "And I think it's a disservice to the legislative process for them to continue to do this."
- from "Don Henley Speaks Out" by Don Henley, Rolling Stone #891,
March 14, 2002, pg 31.
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| 03.02 |
The Customer Is Always Wrong |
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The Customer Is Always Wrong
Music and film moguls, and a few senators, think fans are thievesóand want to cripple technology to stop you from making copies
By Steven Levy
Newsweek
March 11, 2002
There was something decidedly enron-esque about the hearing last week before the Senate Commerce Committee. No potential illegalities, mind you. But you had Disney CEO Michael Eisner and News Corp. president Peter Chernin speaking on behalf of record labels and movies studios to lobby Congress for laws to prop up their beleaguered business model as they cope with the Internet. As with a certain Houston energy companyís dealings with friendly government officials, one couldnít help but wonder where the little people stood in all of this. The answer came from Sen. Fritz Hollings, clearly a friend of content holders. ìWhen Congress sits idly by in the face of these [file-sharing] activities, we essentially sanction the Internet as a haven for thievery,î said the committee chairman, charging ìover 10 million peopleî with stealing. Thatís where citizens standónot as potential consumers, but as candidates for prison denim.
This tracks with the mentality of the record labels and film studios these days. Despite a plethora of problems that have nothing to do with the Net, media executives are obsessed with the idea that their customers are shiftless pirates who want their wares for free. The world got a chance to sample this mind-set at the Grammys last week, when National Academy of Recording Arts and Sciences head Michael Greene hijacked his own awards ceremony to rant Queegishly about music downloading, ìthe most insidious virus in our midst.î (So much for HIV.)
In the short run, the media companies are counting on the courts to shut down the Napsters of the world. Long range, theyíre betting on security schemes that intentionally limit the functions of both hard- and software. Some labels have already begun to ship compact discs encoded with a special process that prevents copying. Consumer advocates are appalled that the copy-protected discs deny users their legal rights to copy music for personal use on digital devices like computers and MP3 players.
Business-school professors could feast for years on the unintended consequences that come from treating Britney Spears tunes like nuclear secrets. Clearly, clamping locks on electronic equipment and intentionally crippling CDs wouldnít increase sales. Would it depress sales? Almost certainly.
To make sure that the customerís larcenous options are totally closed off, however, copy protection must be built into computers and other devices. Enter Hollingsís proposed Security Standards and Certification Act. The bill demands that all digital electronic devices be saddled with systems that restrict copying of tunes and movies. Earth to moguls: beware of what you wish for. Business-school professors could feast for years on the unintended consequences that come from treating Britney Spears tunes like nuclear secrets. Clearly, clamping locks on electronic equipment and intentionally crippling CDs wouldnít increase sales. Would it depress sales? Almost certainly.
Millions of people commonly, and legally, buy CDs, rip the tunes on computer hard drives, and then either download to MP3 players or mix and burn their own CD compilations. But if new discs are copy-protected, someone who wants a classic James Taylor album might do better to buy a vintage disc on eBay. MP3 fans desiring a rip-friendly disc of Mobyís latest would be forced to seek a pirated version where someone has illegally broken the security controls. I canít see how this situation would boost album revenues.
Then thereís the impact on the electronics industry. If new computers, CD-DVD players and personal video recorders are hobbled, consumers will hold on to their pre-Hollings machines. As Intelís Leslie Vadasz warned the Commerce Committee, î[Your legislation] will substantially retard innovation ... and will reduce the usefulness of our products to consumers.î
What makes this all totally insane is that Internet file sharing is not necessarily the foe of copyright holders. True, the ease of making and distributing digital files will always present a challenge for the labels and studios. But itís also a potential gold mine: an instant, ultra-low-cost delivery system and a targeted marketing vehicle. No outlaw service can ever provide consumers with the deep libraries at guaranteed high quality that content owners can deliver. And if media companies adopted a perfectly feasible system of ìdigital-rights managementî that allowed music fans to make a few copies for personal use, most people wouldnít bother to do the pirate thing. If the prospect is scary, the media giants can take comfort in historyótheir original reaction to previous technological advances, from talkies to television to the VCR, was just as hysterical as it is with the Internet.
The Disney Corp. was once celebrated for its crowd-pleasing recipe: underpromise and overdeliver. But Eisner and his copyright-holding counterparts, drinking deep from the fountain of fear, seem to have adopted a new motto: overcharge and disable. Things wonít get better for them until they realize that even for copyright holders, the Internet can be a Magic Kingdom.
- Steven Levy, Newsweek, March 11, 2002
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| -.-.01 |
Kinkos and Droplift |
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I encourage anyone unfamiliar with "The Droplift Project" to visit the website at www.droplift.org and learn about it. I don't want to ramble on too much about The Project but understanding it is crucial to understanding this story.
The Project began as idle joking among the Internet community called Snuggles, a list-serv group of Negativland fans. The group is named Snuggles after the dog referenced in one of Negativland's works, the U2/Casey Kasem piece "I Still Haven't Found What I'm Looking Forö.
A lot of the group discussion centers on issues that Negativland routinely tackles - issues regarding copyright, fair use and appropriation. Another common theme is the sound collage music being created by members of the list. A lot of CDR swapping goes on among Snuggles members. They're not bootlegs of commercial releases, they're original material, created by the person sending it, usually for no more than the blank CDR and postage.
Much of the music created by members of Snuggles involves a lot of copyright and appropriation issues. They take snippets of sound from a multitude of sources - radio, tv, movies, cell phones, others' music. Some people dismiss sampling as theft. Some sampling is lazy and does resemble simple theft. But some sampling is much more complex.
Besides having the usual odds of struggling musicians, the musician members of Snuggles face the daunting obstacle of industry suspicion of anything remotely tricky, questionable or anything else that may cost the company a lot of legal fees down the road. They realize major label deals and distribution aren't likely.
One member mentioned how he made CDR's of his own material, carried it into chain music stores and slipped copies in the rack. (That member is Richard Holland.) He called it 'droplifting,' the opposite of shoplifting. Instead of removing material, you left it. Obviously, such a prank doesn't bring in revenue but it gets your work 'out there' and it's a great prank.
The idea was born. Snuggles members would compile a CD of their own work and sneak copies into record stores! After a lot of debate, discussion and hard work, "The Droplift Project" was born. Participants and supporters chipped in money to pay for an initial factory pressing of 1,000 copies of the CD. How-to kits, press releases, postcards and buttons were also created.
Along with the factory pressings, many members burned their own CDR copies on their home pc's. This was also encouraged by the group. In fact, all the of contents to assemble the CD are available at the Droplift website, from actual tracks themselves to all of the CD liner artwork and labeling. Make-your-own Droplift Project. Free.
For some of the copies I distributed, I was content with black and white copies of the artwork, printed on my home printer. However, for several copies, I wanted to include color artwork. Since my color printer is crap, I hit the local Kinko's.
The first time, the clerk noticed the CD liner in my hand as I approached the counter. I had already prepared for whatever company line he'd spout off, the one that's beaten into his brain at the Kinko's Koncentration Kamps where they train new employees.
As I expected, he told me he couldn't copy it, before really looking at "it."
When I said that it wasn't copyright protected, he told me that material is protected whether it displays the symbol or not. Not only did my work at a photo lab teach me that, but Snuggles has also discussed the very issues in depth and at length. Some material may be copyright protected without displaying any symbol or notice. But material doesn't necessarily have to be protected.
I pointed out that the CD was NOT copyright protected, that it was intentionally done so and it said as much on the liner - "The Droplift Project is NC) 2000 and is entirely in the Public Domain."
The clerk replied that he didn't know what that meant.
"Public domain? It means no one owns it, it can be copied freely."
I then tried to explain the project, that it was a group of friends, that the CD was being given away free, we posted all the materials online and highly encourage people to make their own copies of the CD, that 'copyright' was the whole point of the project. That only seemed to further baffle the clerk. No copyright? Giving away music? Encouraging people to freely copy something? How do you make any money on it? He had to consult with his manager. The manager made me sign a waiver before they would make copies of the artwork.
Believe it or not, that wasn't enough for me. Several weeks later, I visited a different location of Kinko's to get some more Droplift artwork copied. Again I ran into the same rote response. This time when I pointed out the "no copyright" line on the sleeve and mentioned that it was 'me and a bunch of friends'. Sorry Droplifters, I didn't intend to claim ownership but it seemed to work. This clerk put up less of a fight and wandered off to make my copies. However, while I waited, I picked up a copy of a Kinko's brochure - "Copying Guidelines: Guide to Trademarks, Copyrights and Other Restricted Materials." It contains absolutely no mention of 'public domain.'
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| -.-.01 |
Ashcroft Issues New Warning, Imposes Martial Law |
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Attorney General John Ashcroft issued new warnings today of the possibility of crimes being committed in the future.
"We are not able to supply any specifics or any details but suffice it to say there are very real threats out there. We believe it is only a matter of time before another crime is committed on American soil. It could be as minor as a jaywalking incident or it could be a terrorist attack by a radical extremist group. We're asking all Americans to do their patroitic duty in aiding and assisting the police in the search for these criminals of the future. Sacrifices must be made. We must give up freedom to enjoy freedom."
In announcing the suspension of all Constitutional rights, Ashcroft stated "The police must have absolute power to stop terrorists and criminals before they start. In order to do this, law abiding citizens will be inconvenienced. Don't think of it as a body cavity search, think of it as your contribution to a safe America. When the police knock on your door, asking to check your house for terrorists, regardless of what time of the day or night it may be, please do your part."
Immediately following the press conference, aides detained the reporters assembled in the briefing room and subjected them to thorough searches, including an anal probe performed on Helen Thomas in full view of the CNN crew.
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| 10.13.01 |
Meeting Exene |
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A few years ago, I spent some time in the Los Angeles-Ventura area. At a small downtown Ventura record store, I came across a copy of X's 1995 release "Unclogged."
A long time X fan, I have several of their releases, including the side project band the Knitters' "Poor Little Critter In the Road." I had the good fortune to see the band live at Tucson's Club Congress in the '90's and a local video store carries a copy of the X documentary "The Unheard Music," which I've rented and watched.
Leafing through the notes of "Unclogged" in the Ventura record store, I noticed a mention of the X store and headquarters, a place called "You've Got Bad Taste" in the Silverlake area of LA. I made a mental note of it but didn't make any plans to visit. However, several days later, while driving around LA job hunting and sightseeing, I got lost. I pulled over to consult my map and get my bearings. Checking the map, I discovered I was in the Silverlake area. Glancing up at the storefront just feet away from me, I saw a huge X in the window. The X was wrapped and illuminated with Christmas lights. Looking up further, I saw the store's name -- "You've Got Bad Taste."
What the hell, might as well go in.
The front door was open but a metal security gate was pulled closed across the storefront. I tried the gate but it was locked. Inside, I saw a couple of people milling about, busy with some kind of work. I wasn't sure if the locked gate was standard practice or not so I stood at the doorway. Soon, a woman in a brown print dress approached. As she got closer, I realized it was Exene Cervenka!
As she spoke, traffic drowned her out and I had to ask her to repeat herself. To this day, I remember her exact words ...
"Sorry, we're closed on Mondays."
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| 09.17.01 |
Untitled |
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The past couple of days have been surreal. With all the news, all the video, all the pictures, all the sounds, all the commenting, all the editorializing ... there's no way I can easily sum up and tie all my thoughts together into one, nice, neat piece. So here's some random thoughts on various angles of different events of the past couple of days ...
Whether it's Bible thumpin' or thumpin' a Koran, no matter its guise, religious zealotry is an ugly and destructive force.
The pervasiveness of technology is amazing in that it brings a global disaster to each of us, it relates it in small, individual ways. From all the various angles of the home video tapes - video cameras and digicams are everywhere these days, y'know, from intersections to dressing rooms - to those final cell phone conversations. Technology makes even tragedy convenient and personal.
Some of the video footage is horrible yet amazing. The shot from under and behind, with trees in the foreground, of the plane seemingly disappearing into the tower. The footage of the collapse with the sounds of spectators screaming in the foreground of the amateur footage.
It's incredible to think of hijacking 4 planes at once and aiming for major targets, not just in the planning but in the targets. Imagine the potential targets - the White House, Buckingham Palace, the Vatican, the Taj Mahal, the Sydney Opera House. Or imagine if one of those planes sliced through the Washington Monument.
Imagine the planning by the terrorists. Coordinating which flights to book, which airports, booking the tickets (one way?), picking flights with particular departure times (I imagine it was deliberate to hit the WTC after 9 am when it was full), hoping the flights aren't delayed, boarding with the other passengers, everyone else brushing past these fellow passengers, unaware of their plan ...
Imagine the last minute cell phone conversations, the onboard struggles, the realization of what was coming (could passengers see the WTC coming? or see the Pentagon approach as the plane went into its dive?).
Imagine the WTC office workers that saw the plane approach ... from eye level. No day at my job has ever been THAT shitty! Imagine looking up from your desk, or looking over a cup of coffee as you tipped it up for a sip ... and saw a passenger jet flying right at you. Or the people alive when it collapsed ... could some of them in the upper floors feel the free fall? Some of it fell intact for quite a distance ... were there people inside those chunks, able to see the street approaching?
Mind boggling to watch that those two huge towers, full of people ... POOF ... gone. Office buildings that hold up to 50,000 people (I heard some talking head say the WTC had more phone exchanges than the city of Detroit) ... gone, people included, people still inside. Not 10 people. Not 20. Not 200. 2000? 20,000?
The NYC skyline changed, that much, that quickly. All the pictures of the NYC skyline that show the twin towers are now dated. Those posters at the poster shop are now dated.
Davis Monthan Air Force Base is nearby. Usually, their military planes are buzzin' around all day. Yesterday and today, not a one in the sky. Wonder if they're elsewhere or if they're idling on the runways over at DM, waiting for orders?
The Taliban should've been suspect when they ordered the destruction of those ancient stone carvings in the mountainside (what were they called?). Any government that, as one of its first acts, begins destroying the art, should be suspect.
My work has been pretty slow the past couple of days. (Just in case you're unaware, I'm working for Mileage Plus, the frequent flyer program of United Airlines). No one flying on paid tickets, much less frequent flyer tickets. And I guess people aren't really worried about calling us for some missing flight credit in the wake of all this - ("I know you're dealing with hijackings, deaths and massive cancellations, but I didn't get my 500 mile online booking bonus last month" ... ).Of course, we get updates at work on a constant basis, relayed in a multitude of ways.
At least one of the United passengers was flying on a frequent flyer mileage ticket. Whenever miles are redeemed for a ticket, we record the reservation information. It was eerie to look at the account and see a deduction for "UA 93 EWR-SFO 9/11/01". It was sad to look at the 'front' of the account, the basic name, address info ... and realize what had become of that person, that name on the pc screen. It was weird to stare at that name and think of what his final experience was like ... did they resist? Was he one who fought back?
Imagine, too, the people that missed that flight or cancelled a reservation for one of those doomed flights. Today's paper has a picture of a guy at Logan who had exchanged his ticket for a later flight. Imagine the guilt and the wondering 'why me?', 'if it wasn't my time, what's the big plan for me?'
All so very weird, so very surreal.
Sorry for the rambling. Feel free to reply with yer' own ramblings.
mark
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