[JPL] Download Uproar: Record Industry Goes After Personal Use
Bobby Jackson
ftapache1 at sbcglobal.net
Wed Jan 2 14:21:52 EST 2008
Aloha, esteemed JPL panel,
First of all, I hope your holidays went well and Happy New Year!
My wife bought me an ipod for my birthday last summer. I too, wondered what
the allure of the ipod was and what made it so different. The ease of taking
music on the road or playing it in house on the computer is very nice but I
also think it's taken listening to the radio as a secondary or even third
consideration for many today. The one thing I loved about listening to the
radio was the introduction of new music from the gatekeepers/radio host. I
pod listeners are basically listening to what they are familiar with.
Having an ipod lessens the owners opportunities to be exposed to new music.
I'm not sure that's such a good thing.
The other thing I've realized about the ipod is that it is meant primarily
for the user. That means no shared listening experience with other people
such as with a radio or stereo. I'm not saying that you can't buy speakers
for an ipod but that is not how it is used by and large. The "social
bubble" for its use is practically non-existent. The last thing my wife
wants to see me do when we're together is have my earbuds in my ear. She'd
rather I play the music on a stereo. They may seem like small issues to
some of you but it is a huge difference in the music listening experience
for me.
When I first got the ipod I recorded the music in wave files and discovered
soon enough how much space it was eating up on my PC. I've bought an
external hard drive since but mostly record music in the mp3 file format
because of space considerations. The quality of the recordings of course
are compromised but I believe most people use the ipod in the same way I've
chosen. I still own vinyl and play it and I guess I will always own a
turntable and a CD player simply for the sonic considerations. It is
interesting however to see how ipod usage has shaped itself in my life as a
music lover.
Perhaps the best thing I like about the ipod believe it or not is
downloading photos and movies. You can take these things anywhere just like
music with ease. Speaking of download uproars, I also have what I think is
a great movie recommendation for a download. The movie is called, "Before
The Music Dies." It's a film done by two filmmakers who are not in the
business but have a profound love for music. They do a great job of
defining what is wrong with the music industry today and factor in how
entities such as Clear Channel and Broadcast Architecture have managed to
cut the heart out of a business that should be run by music people but
instead is being run by bean counters. I saw this movie initially at the
Cleveland International Film Festival and met the director and producer.
They told me that Hollywood wanted to buy the film from them but they
declined the offer being wary that their project which offers a profound
story in the interest of music lovers, just might be shelved so no one would
see it. Instead, they took the film literally on the road, finding screens
all over the country in film festivals and the like so it could be viewed.
Some of the names that appear in the film include Branford Marsalis, Eryka
Badu, Dave Matthews, Eric Clapton, many unknown musicians etc. I probably
mentioned this movie before on this panel, in fact, I'm sure I have.
Consider this a reminder. At my suggestion, Chris Jonz formerly of Warners
saw it recently and not only did he love it, he's sharing it with many of
our contemporaries on the left coast. You can buy it as a download for 3
bucks or own it for 7 bucks on DVD. Here is the link.....
http://www.bside.com Talk about an "uproar" from a download???? You won't
be disappointed!
What other thoughts are on this panel about the ipod experience?
Keeping A Light In The Window....
Bobby Jackson
WCPN-FM/Cleveland, OH
----- Original Message -----
From: "Jim Wilke" <jwilke123 at comcast.net>
To: <jazzproglist at jazzweek.com>
Sent: Wednesday, January 02, 2008 12:48 PM
Subject: Re: [JPL] Download Uproar: Record Industry Goes After Personal Use
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> Eric,
>
> Of course it doesn't prevent "records" from being "dubbed" - remember LP
> to tape cassette? The copying that's freaking the record industry
> resulted from quick ripping and peer sharing - 3 or 4 minutes to copy a
> full CD instead of 40 minutes to an hour for an LP. PLUS the ability to
> pick specific tracks, OR re-order or eliminate them later, OR shuffle
> playback to change the sequence for variety make the mp3 player a very
> different beast from a cassette. And then when the copiers give it away
> on the internet no wonder the record companies worry about how many sales
> are lost as a result.
>
> Like most of you I have little time for leisure listening.. I'm mostly
> auditioning new CDs, things I haven't heard before and may never listen
> to again. I did buy an iPod Nano to gain an understanding of why people
> like them so much and think about the impact on radio and records. After
> transferring some favorite tracks from a variety of CDs and downloading a
> few podcasts, I can understand their appeal. It bear little relationship
> to the painstaking 1 to 1 dubbing of LP to cassette or CD in real time.
> Also, having hundreds of tunes you can immediately access in a device
> smaller than a single audio cassette is a huge leap. Yeah, I can see it
> ... It's not like making a single copy from an out-of-print record for a
> friend.
>
> I think I'd agree with David's tongue-in-cheek comment. Most of the iPod
> generation would not be able to figure out how to get a vinyl LP into a
> computer. The drawer is too little!
>
> Jim
>
> Jim Wilke
> Jazz After Hours, PRI
> www.jazzafterhours.org
>
>
> On Wednesday, January 2, 2008, at 08:55 AM, Eric Jackson wrote:
>
>> David Kunian wrote:
>>
>>> Maybe it's time for labels to move back to vinyl,
>>
>> That wouldn't help. It's easy enough to copy from vinyl to CD. I just
>> copied a song today for list member Ron Gill. Al it takes is phono
>> cables.
>>
>> I have a USB turntable that plugs right into my computer and comes with
>> software for the Mac or Windows that allows you to record the audio but
>> as I mentioned you can do it easy enough with just phono cables or maybe
>> a stereo mini plug.
>>
>> Eric Jackson
>> Mon - Thurs 8 pm - mid.
>> 89.7 FM WGBH Boston
>> www.wgbh.org/jazz
>>
>>
>>
>>> but that's probably irrelevant because labels as we know them will be a
>>> thing of the past like the dodo bird.
>>>>
>>>>
>>>> +++++++++++++++++++++++++++++++
>>>> Labels at some point will have to sale their products and once out of
>>>> the box, there is no save way to keep it form being "illegally"
>>>> copied. It will be an eternal cat and mouse tech arm race.
>>>>
>>>> Luis Mario Ochoa
>>>> info at CubanMusicProductions.com
>>>> www.CubanMusicProductions.com
>>>> Tel: 416-654-5410
>>>>
>>>>
>>>> ----- Original Message ----- From: "jazzhead" <jazzhead at bellsouth.net>
>>>> To: <jazzproglist at jazzweek.com>
>>>> Sent: Tuesday, January 01, 2008 4:06 PM
>>>> Subject: Re: [JPL] Download Uproar: Record Industry Goes After
>>>> Personal Use
>>>>
>>>>>
>>>>> Does anyone know specifcally how this person was found out by the
>>>>> RIAA?
>>>>> Also, I want to think there was an instance where a label released a
>>>>> CD by an artist that you couldn't copy at all - who was the label and
>>>>> artist? I can't remember offhand.
>>>>>
>>>>> I would think that in this day and time labels would simply block CDs
>>>>> from being copied period - and just FTP their new releases to radio -
>>>>> reviewers, etc.
>>>>>
>>>>> Mark Dove
>>>>> "Sounds of Jazz"
>>>>> "Cafe Jazz"
>>>>> Eclectic 89.1 WBCX
>>>>> http://www.brenau.edu/about/wbcx
>>>>>
>>>>>
>>>>>
>>>>> ----- Original Message ----- From: "Jazz Promo Services"
>>>>> <jazzpromo at earthlink.net>
>>>>> To: <jazzproglist at jazzweek.com>
>>>>> Sent: Tuesday, January 01, 2008 6:05 AM
>>>>> Subject: [JPL] Download Uproar: Record Industry Goes After Personal
>>>>> Use
>>>>>>
>>>>>> http://www.washingtonpost.com/wp-dyn/content/article/2007/12/28/
>>>>>> AR2007122800
>>>>>> 693.html?referrer=emailarticle
>>>>>>
>>>>>> Download Uproar: Record Industry Goes After Personal Use
>>>>>> By Marc Fisher
>>>>>> Washington Post Staff Writer
>>>>>> Sunday, December 30, 2007; M05
>>>>>>
>>>>>> Despite more than 20,000 lawsuits filed against music fans in the
>>>>>> years
>>>>>> since they started finding free tunes online rather than buying CDs
>>>>>> from
>>>>>> record companies, the recording industry has utterly failed to halt
>>>>>> the
>>>>>> decline of the record album or the rise of digital music sharing.
>>>>>>
>>>>>> Still, hardly a month goes by without a news release from the
>>>>>> industry's
>>>>>> lobby, the Recording Industry Association of America, touting a new
>>>>>> wave of
>>>>>> letters to college students and others demanding a settlement
>>>>>> payment and
>>>>>> threatening a legal battle.
>>>>>>
>>>>>> Now, in an unusual case in which an Arizona recipient of an RIAA
>>>>>> letter has
>>>>>> fought back in court rather than write a check to avoid hefty legal
>>>>>> fees,
>>>>>> the industry is taking its argument against music sharing one step
>>>>>> further:
>>>>>> In legal documents in its federal case against Jeffrey Howell, a
>>>>>> Scottsdale,
>>>>>> Ariz., man who kept a collection of about 2,000 music recordings on
>>>>>> his
>>>>>> personal computer, the industry maintains that it is illegal for
>>>>>> someone who
>>>>>> has legally purchased a CD to transfer that music into his computer.
>>>>>>
>>>>>> The industry's lawyer in the case, Ira Schwartz, argues in a brief
>>>>>> filed
>>>>>> earlier this month that the MP3 files Howell made on his computer
>>>>>> from
>>>>>> legally bought CDs are "unauthorized copies" of copyrighted
>>>>>> recordings.
>>>>>>
>>>>>> "I couldn't believe it when I read that," says Ray Beckerman, a New
>>>>>> York
>>>>>> lawyer who represents six clients who have been sued by the RIAA.
>>>>>> "The basic
>>>>>> principle in the law is that you have to distribute actual physical
>>>>>> copies
>>>>>> to be guilty of violating copyright. But recently, the industry has
>>>>>> been
>>>>>> going around saying that even a personal copy on your computer is a
>>>>>> violation."
>>>>>>
>>>>>> RIAA's hard-line position seems clear. Its Web site says: "If you
>>>>>> make
>>>>>> unauthorized copies of copyrighted music recordings, you're
>>>>>> stealing. You're
>>>>>> breaking the law and you could be held legally liable for thousands
>>>>>> of
>>>>>> dollars in damages."
>>>>>>
>>>>>> They're not kidding. In October, after a trial in Minnesota -- the
>>>>>> first
>>>>>> time the industry has made its case before a federal jury -- Jammie
>>>>>> Thomas
>>>>>> was ordered to pay $220,000 to the big record companies. That's
>>>>>> $9,250 for
>>>>>> each of 24 songs she was accused of sharing online.
>>>>>>
>>>>>> Whether customers may copy their CDs onto their computers -- an act
>>>>>> at the
>>>>>> very heart of the digital revolution -- has a murky legal
>>>>>> foundation, the
>>>>>> RIAA argues. The industry's own Web site says that making a personal
>>>>>> copy of
>>>>>> a CD that you bought legitimately may not be a legal right, but it
>>>>>> "won't
>>>>>> usually raise concerns," as long as you don't give away the music or
>>>>>> lend it
>>>>>> to anyone.
>>>>>>
>>>>>> Of course, that's exactly what millions of people do every day. In a
>>>>>> Los
>>>>>> Angeles Times poll, 69 percent of teenagers surveyed said they
>>>>>> thought it
>>>>>> was legal to copy a CD they own and give it to a friend. The RIAA
>>>>>> cites a
>>>>>> study that found that more than half of current college students
>>>>>> download
>>>>>> music and movies illegally.
>>>>>>
>>>>>> The Howell case was not the first time the industry has argued that
>>>>>> making a
>>>>>> personal copy from a legally purchased CD is illegal. At the Thomas
>>>>>> trial in
>>>>>> Minnesota, Sony BMG's chief of litigation, Jennifer Pariser,
>>>>>> testified that
>>>>>> "when an individual makes a copy of a song for himself, I suppose we
>>>>>> can say
>>>>>> he stole a song." Copying a song you bought is "a nice way of saying
>>>>>> 'steals
>>>>>> just one copy,' " she said.
>>>>>>
>>>>>> But lawyers for consumers point to a series of court rulings over
>>>>>> the last
>>>>>> few decades that found no violation of copyright law in the use of
>>>>>> VCRs and
>>>>>> other devices to time-shift TV programs; that is, to make personal
>>>>>> copies
>>>>>> for the purpose of making portable a legally obtained recording.
>>>>>>
>>>>>> As technologies evolve, old media companies tend not to be the
>>>>>> source of the
>>>>>> innovation that allows them to survive. Even so, new technologies
>>>>>> don't
>>>>>> usually kill off old media: That's the good news for the recording
>>>>>> industry,
>>>>>> as for the TV, movie, newspaper and magazine businesses. But for
>>>>>> those old
>>>>>> media to survive, they must adapt, finding new business models and
>>>>>> new,
>>>>>> compelling content to offer.
>>>>>>
>>>>>> The RIAA's legal crusade against its customers is a classic example
>>>>>> of an
>>>>>> old media company clinging to a business model that has collapsed.
>>>>>> Four
>>>>>> years of a failed strategy has only "created a whole market of
>>>>>> people who
>>>>>> specifically look to buy independent goods so as not to deal with
>>>>>> the big
>>>>>> record companies," Beckerman says. "Every problem they're trying to
>>>>>> solve is
>>>>>> worse now than when they started."
>>>>>>
>>>>>> The industry "will continue to bring lawsuits" against those who
>>>>>> "ignore
>>>>>> years of warnings," RIAA spokesman Jonathan Lamy said in a
>>>>>> statement. "It's
>>>>>> not our first choice, but it's a necessary part of the equation.
>>>>>> There are
>>>>>> consequences for breaking the law." And, perhaps, for firing up your
>>>>>> computer.
>>>>>> --
>>>>>>
>
> --
>
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