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On the downlow(d)? Bloggers forced offline

Sad times are afoot. It always felt like it couldn't last forever: blogs posting up MP3s and sharing/giving away the music they love. The legal 'grey area' seems to have been bought into focus with this post from Berkeley Place Indie detailing how their posts have been made private by Wordpress and deleted by the Google owned Blogger/Blogspot. The crazy thing is, the guy in question was posting tracks that labels and PR companies were sending him to share with their blessing - and these posts have been taken down too. Rumblings suggest that this blogger is not alone, and that a whole host of posts are being taken down.

The blogger in question explains:

"A few weeks ago, I posted a collection of covers of songs from the 1980s. To my knowledge, only one of the artists featured in that post had a connection to the RIAA. That was Chris Cornell. But the song that I posted was a live recording, not commercially released. Nevertheless, the post mysteriously disappeared from my site. Over the next few weeks, this happened twice more. Blogger, my host, has been utterly silent on the issue."

He continues to explain that the offending post, from 11 months ago, "was on a band that was independent when I wrote about them, Wild Sweet Orange, and contained only one mp3, which was hosted by RED, an artist development site that Wild Sweet Orange was using for publicity. In other words, it was a legal MP3."_

What's even crazier is that the domino which started this action was based in the UK and contacted the IFPI, (International Federation of the Phonographic Industry). He continues:

"The other problem is that the U.S. label may not be aware that the British label hosts MP3s or submits material to blogs, or vice-versa. Thus, the IFPA may send out a notice where the RIAA would not. This is likely why some folks have told me that links to legal mp3s provided by Sneak Attack Media have been the subject of Blogger deletions/takedown notices._

It's all quite crazy and confusing, like most copyright laws in this highly globalised, anything-goes-until-a-precedent-is-set mad world in which we live. Unless there are sensible solutions, such as bandwidth taxes for data transfer or for owning an internet connection and/or a computer, this confusion will continue, embracing technology that can do things will be a minefield and technological creativity will be stifled or more likely forced further underground. It's such a muddle, even people doing legitimate things will be thrown in with every album leaker.

Visit berkeleyplaceindie.blogspot.com to read the full post.

Depressing news

Only slightly less depressing than your continued advocating of a bandwidth tax.

Please stop it.

agreed

it really isn't a sensible solution. If it did come about, how much of the money would find its way into the pockets of smaller bands? I assume it would be done on some sort of relative scale to the amount sold in a physical sense, so your large major label entities would be the main beneficiaries.

The only vaguely sensible solution would be for the RIAA and record labels to ease off the gas, improve their public image and in some way admit defeat, and for the people acquiring things illegally to develop an ethical code of practise and a sense of responsibility for their part in the grand scheme of music.

Yeah, i know

quite

how is that - in any way - a "sensible solution"?

Ding.

I was thinking "Wow, this is a pretty insightful news piece on DiS, yay", and then found that, for shame.

Certainly not just that one

17 Seconds had an old Glasvegas interview deleted because it featured demo mp3s that pre-dated their Columbia signing and had already been taken offline - http://www17seconds.blogspot.com/2008/10/grrrstand-up-to-bullies.html and a follow up at http://www17seconds.blogspot.com/2008/10/fightback-begins.html

I had a post deleted off my blog

but it was a really old one so I can't remember what was actually on it, it was annoying that they gave no warning and that it just suddenly dissapeared

have they noticed the existence

of file2hd.com which practically makes downloading from blogs obselete anyway?

^

Agrr

I really hope...

that this doesn't catch on. With Songbird, browsing these blogs for great rarities is fantastic for music discovery. I've noticed a few of the more popular blogs mentioning being served with the dreaed "cease and desist".

To stifle this sort of online social music discovery and discussion is tantamount to the labels shooting themselves in the neck with a needle full of pure AIDS. At least the labels of the past turned a blind eye tp copious bootlegging of live material as they had an almost mutal understanding with their fans/customers.

These supposedly modern companies are showing freakishly primitive thinking.

Now haven't The Pirate Bay got some sort of uncensored blog hosting? That will certainly be the future if they manage to keep seemingly every media outlet of their back's.

Blogger Removed A Posting

I am so glad you posted this article... as a blog posting of mine (on Blogger) was issued with a DMCA takedown notice yesterday! I suspended my entire blog, as it's unclear just what copyrighted material was objected to. I do not post mp3s to download, but sometimes I post images of the CDs I review, was this the objection?

Chilling Effect (http://www.chillingeffects.org/) is an excellent resource.

The MUSIC INDUSTRY™

is preparing to sweep aside all the genuine blogs and bloggers in order to replace them with Universal™ Blogbots who will pretend to have discovered the latest hip offering while actually pushing cuts from the next Madonna 'break-up' LP (featuring Robbie Williams, Kanye and Jonathan Woss)

oh

the Madonna mp3s have trackers on the by the way that will send a signal to the CIA that Bin Laden is living in your gran's house which will subsequently be targeted with a missile strike

brave new world

seen it happen before

http://whothehell.net/archives/1982

And then the likes of that fuckwit from BPI come along and try to claim that they're just looking after the artists, bob lob law.

Don't get me started...

First off... Serves people right for depending on Web 2.0 websites for their blog. They don't own the property and have no rights, so what Blogspooge does is up to them. Sad but true. Own your won website and you can fight the good fight. Too many people rely on Blogspurt or whatever and they control none of their own content will Blogsponge gets all the props and SEO for your hard work.

Second... I run a radio station. This kind of crap bothers me, but understand that artists need to make money. I tell artists all the time NOT to impale their music on the Internet in its entirety. Once you do, it's public domain. People think clicking the "do not allow downloads" stops anybody... NOT But the bottom line is that one day, after all the freeloaders have downloaded themselves silly, they are going to wonder where all the new music is. And there won't be any... All musicians, record labels, and people in this business will have STARVED TO DEATH! I know you think that sounds impossible, but I am telling you the truth. People in this business, minus the Kid Rocks and the AC/DC's of the world, are basically living in poverty. So really, it's up to you guys. If you want great new music and less of this Bedroom Johnny crap that people put out, then please think about what I am saying here. Thanks everyone... Great article, great responses. Keep up the good work!

yeah!

tax people for owning computers! that'll work!

bullshitbullshit

last night I was at a friend's house and I said to him "Oh, check this track out" opened up hypem on his browser, went straight to a 320kbps mp3 and pressed play and sat back.
Within 45 seconds he'd gone to the label's page and ordered the 12" AND CD.
Instant joy and impulse shopping.
The music industry needs blogs.
The record industry however do not want. Why? Because THEY wish to control the market, the avenues of exposure and distribution.

I do agree with your point about web 2.0 though

the worrying thing for me is

that even if bloggers avoid posting stuff on major labels (who are the real evil force here - Universal and Sony especially) stuff we write about new and unsigned artists is liable for future deletion too.

I had a post from TWO YEARS AGO containing a track from Johnny Flynn deleted last week. This track was made freely available at the time by Flynn, so I posted it. This was before Universal even knew he existed.

So does this mean that sometime in the future some major label legal bastard is going to threaten bloggers / destroy their work just because they had the temerity to write about an artist that they went on to sign?

It's a shit situation, for sure.

well this is part of the whole incompatibility between

the digital network model of information distribution and the old industry model of contracts of copyright ownership

If they bought his back catalogue when they signed him then they have the rights under law - though without knowing the particular case in question I really couldn't say that for sure. But either way a strongly worded letter from a major label legal department would usually be enough for a website to err on the side of caution.

£1?

and that £1 is paid how often?
why should people have to pay more for their computer after they've bought it, or the parts necessary to build one? there's already tax on that. it's called VAT.

Even though there are a lot of great blogs out there

what has become apparent is that there are/were a lot of blogs being run out there with the ethos of "put up madonna's new single, watch as the visitor counter goes berzerk and my ad revenues pour in", I completely agree wholeheartedly that this sort of practice is wrong and needs shitcanning, though it doesn't help the label/PR/band endorsed tracks and albums...

Interesting comments....

I've been writing a blog for the last few months and made a decision at the start not to post up MP3's, for the very reason that others have alluded to here...that things in terms of future ownership of music and other such intellectual property are not that clear, particularly where a band gives a blogger an MP3 and then at a later date gets signed and sells its ownership of its songs. I want to avoid any fights with record companies and for this reason simply provide links to Myspace pages, band websites etc. I'm not interested in getting a huge number of hits on my blog, especially from those just looking for free music. I'm more interested that my readers read my blog simply because they enjoy the read. I'm sure they are resourceful enough to find the free downloads elsewhere if they want to, but I choose not to provide that.

This whole debate is going to run and run I feel, and although I choose not to put up MP3's, it seems to me that it is another example of the record industry being so far behind the times in terms of the way people choose (rightly or wrongly) to consume music these days. The solution ? I'm not sure there is one. The internet has created a monster so huge and complex that I don't think a simple solution is out there.

The cost isn't the point Sean.

One of my computers hold no music, and is never connected to the internet. So why should I, and other owners of computers in a similar position, pay commercial concerns for something which I have no interest in.

Introducing a blanket 'tax' that will directly profit a private organisation, regardless of whether the consumer illegally downloads, or even has an interest in music, is beyond the pale. I'm aware that precedents for this type of levy exist, but they have always been highly contentious. I'm also aware the the levies have been considerably more than the 0.1% you seem to be suggesting.

If you're seriously considering campaigning for this levy, I'm going to be seriously considering whether I want to support this site.

moreso than just the issue of cost

is how does the money get distributed? is it not clearly obvious that, whatever is downloaded, it'll just be used to plug leaks in the sinking major label ship?

and if it really is nothing...

...how would it even help?

One solution

although not a great one, would be for hosts to limit the archiving of blogs to say, 3 months. That way, music is still shared, but is less likely to attract the attention of or even concern the likes of the RIAA.

A second would be a ruling set by the IFPI and RIAA that states files shared online must be a maximum of 96kbps, thus rendering them inferior to the products bought online and in stores but still perfectly listenable for sampling purposes.

...'can only be a maximum' is what I meant

not 'must be a maximum'

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