Something's Not Right: German User Has To Use Chinese Proxy To See New Music Video
from the ah,-gema dept
We've been writing about German music collection society GEMA's bizarre fight against YouTube for a few years now, in which all major music videos are blocked from YouTube in Germany because GEMA is suing YouTube and refuses to even discuss a potential license until the lawsuit is over. As we noted recently, this is even frustrating the labels who feel that GEMA is costing them serious money in not just doing a deal to make videos available. While researching something else on Twitter, I came across this telling tweet, from an individual in Germany talking about how they had to use a Chinese web proxy just to watch a new Sting video, and properly notes just how screwed up the world is when people in Germany are relying on Chinese web proxies just to watch music videos. I'm still trying to figure out what good this does anyone... other than GEMA.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: china, germany, licensing, music, proxy, sting, videos
Companies: gema
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Basically, it's putting more and more people using fewer and fewer ways to break the law, and sooner or later, the effort required to be legal is much less than what it takes to break the law.
Perhaps Youtube and GEMA will one day come to a settlement. Perhaps the users would be better off spending their time bitch and protesting rather than just bypassing, which creates more need to regulation that they don't want.
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> bitch and protesting rather than just bypassing, which creates
> more need to regulation that they don't want.
If the people don't want regulation, why is it that they get it anyway? Aren't the governments in these Western societies supposed to be doing the will of the people?
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AHAHAHAHAHAHA
No. Not anymore, if ever.
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Basically, it's putting more and more people using fewer and fewer ways to break the law, and sooner or later, the effort required to be legal is much less than what it takes to break the law.
Err - no. That's not how it works. The effort required to avoid the blocks goes down whilst the effort to "shut down" the avoidances goes up - you don't have a clue do you?
What you have to remember is that the ongoing war between cryptography and cryptanalysis was won finally by cryptography in the 1970s.
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You can only believe that if you are ignorant dude.
Increasing the power of a monopoly or any exclusionary tool eventually will face fierce opposition from those being excluded, since in a forced monopoly everybody is excluded you can bet that sooner or later enforcement will go to far and it will be dialed down to almost nothing, it happens all the time.
Lets also remember that this has been going on ever since the first data storage device was ever made, it was a fact for wax cylinders that anyone could copy those and it is a fact now that anybody can copy anything.
Further you can't believe that an influx of 24 million people in 3 weeks is people really finding difficult to migrate to other alternatives?
They just found another way and with the click of a mouse they changed venues rendering again the actions of some people mute.
Napster -> Grokster -> Limewire -> Megaupload all got broken and each time the industry claimed victory, but in each time sharing grew more in absolute size and this has been going on for more than ten years you can't be that naive to believe that things are going to change.
You need more ten years? a hundred? a thousands?
When you can't see no sharing and can't see the size of it, is when you will claim victory even though it happens behind your back in a massive scale and everybody knows it?
Even before filesharing there was massive copying going around, people old enough to remember the old vans coming to the neighborhoods and seeing people sell for a buck or two a lot of bootlegs can attest to that, vans have even more data storage capacity than the best fiber today.
Well I think people are better off by flaunting the law into memory lane, this is a fight that they can and will win so why stop?
Not once in history a forced monopoly endured not once, simple because the excluded always find a way to ignore the law and do it anyways even when people were faced with death they still did it, what makes you believe it will be any different now are you trying to ignore tens of thousands of years of history and magically change the core instincts of human beings?
The law doesn't matter in this case and people know it.
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Also nobody is coming up with new ways to share anything.
Giver - Easy File Sharing - Novell Hack Week
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http://sourceforge.net/projects/ aresgalaxy/files/stats/timeline?dates=2012-01-01+to+2012-03-03
Most of the people adopting Ares seems to be from Latin countries, that aren't so rigid about copyrights.
http://sourceforge.net/projects/aresgalaxy/files/stats/map?dates=2012-01-01%20to%2020 12-03-03
For the countries where copyrights is and issue darknets like Retroshare also are seeing an influx of people mostly coming from France(so long Hadopi).
http://sourceforge.net/projects/retroshare/files/stats/timeline?dates=2012-01-01+to+2012 -03-03
They went roughly from less than a thousand downloads to 6 thousand.
Ares Galaxy appears to be the preferred one since it has a build in player and people seem to like that a lot.
35 million new Bittorrent users.
Even GNUNet saw a spike in downloads.
http://sourceforge.net/projects/gnunet.mirror/files/stats/timeline?dates=2012-01-01+to+2 012-03-03
Mostly from the US.
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1. France 13,700
2. Germany 4,122
3. United States 2,944
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Let's assume that only 10% of those are in the US.
3.5 million new torrent connections, times $2,900 settlement offers...
A potential profit of up to $10,150,000,000! John Steele must be experiencing ecstasy bordering on Stigmata right about now.
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Source: http://sourceforge.net/projects/aresgalaxy/files/stats/map?dates=2012-01-01%20to%202012-03-03
Sou rceForge gives you access to the download statistics of all its projects.
If you click on the "Top Country" it shows you which countries are downloading what or more specifically, which IP's from which countries are being used to download something. You can also choose the date range by simply changing the date on the box and hitting ENTER.
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For years now German and many other people around the world have been wondering
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Re: For years now German and many other people around the world have been wondering
Sad to think that such simplicity is beginning to feel like a fantasy these days.
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So why do they keep these jokers around? Sounds like they are both completely worthless and problematic for everyone involved.
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Think of the artist!!
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Nina Nailed It
And a new slogan for them:
GEMA -- taking music collection societies to a whole new level of crazy!
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Other countries
You may not notice it where you live, but the rest of the world does.
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Then why don't they just tell them they can't represent them anymore? Seems simple to me. GEMA, you do good work, but you no longer have the right to represent me where youtbe is concerned. Done.
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(Sorry for my broken english)
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Evolution: Adapting .. Retroshare/Tribler ... Wimax
"I just read that Retroshare saw a boom in dowloads this year, Tribler is also booming and for some reason the Ares Galaxy has 8 million downloads straight for a month now ever since Megaupload went down."
Added to those two, I would add Wimax as I see the potential for increasingly savvy peeps setting up their own local Darknets to share town-wide with Wimax & Retroshare/Tribber.
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Re: Evolution: Adapting .. Retroshare/Tribler ... Wimax
Use Giver there :)
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Even some TV stations can't get licence restrictions right
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Re: Even some TV stations can't get licence restrictions right
welcher sender ist das?
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Re: Even some TV stations can't get licence restrictions right
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Well, the principle of GEMA is a good one: A radio station, a village fair stage runner, the school playing music at the prom - all of them won't have to pay royalties to the seperate music companies. They simply pay a fee to GEMA, and GEMA uses a certain formula to give the money to companies and artists.
That's the theory. Practically, GEMA has become not much more than self-service for the GEMA runners. A big part of the cake just stays at GEMA and is distributed to the management. Another big part goes to the publishers. Labels and artists are least in line, with not much more than crumbs. And when things like agreements with YouTube are on the agenda, it's just about the sway. Nothing more.
That's what's sick with GEMA.
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lawlawlawlawl
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This is what happens when they cant decide between themselves who is the gatekeeper.
Take the next step.
At what point did they decide to ignore the possibility that someone else, outside of the current music industry, may become the gatekeeper, and all their efforts to protect their business ends up being used against them to lock them out.
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hardly surprising
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It's not racist to ....
It is racial discrimination, as per the UN definition, I have highlighted the part important for you to understand:
"The United Nations use the definition of racial discrimination laid out in the International Convention on the Elimination of All Forms of Racial Discrimination, adopted in 1966:
… any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.(Part 1 of Article 1 of the U.N. International Convention on the Elimination of All Forms of Racial Discrimination)[42]"
https://en.wikipedia.org/wiki/Racism#Declarations_and_international_law_agains t_racial_discrimination
So when you write:
"...so here goes. You know the Germans! They still think they are better than anyone else! They make better cars (more expensive) better everything (more VAT) to the point that we are forbidden to buy anything from the EU, RUSSIA or CHINA directly. Their fees for the transactions are ridiculous and we don't do business with them period. Design in the USA. Create in the USA, Make in the USA and Buy USA. Come on. Time to take over again."
.. you are being racially discriminatory towards German nationals.
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Re: Racist?
And please take a detail look on products that made in U.S.A. - maybe they do with chinese parts(?)
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So put your redneck ass back in your trailer and think the US is the best country in the world and be happy about it, while the rest of the world laughs about you.
And we laugh about the GEMA and one of the most common browser addons is Proxtube.
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Proxy howto
http://www.youtube.com/watch?v=_SzmTYPqlDc&
Or just use ProxTube plugin for Firefox which uses a similar technic, but which sometimes is overloaded.
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Not only music-videos
This days they use software to scan all videos and match all the sounds, melodies, etc. in there against a db. A match means the whole videos is blocked.
That has the effect that just any video that contains some kind of melody that matches to a certain degree with a song they have in there db is removed. There is no control of that. Remove first, control later if at all. There are a lot of videos removed by mistake just like recently where those Software detected in the background of an amateur video singing birds as protected content and just removed the whole clip.
For those not aware. Even the bands themself need to pay the GEMA if they play there very music e.g. at a concert. All the billions GEMA makes every year is also not moved on to the bands and musicers in a logical way. They have very own rules who gets how much. It's not related to sales, fans, how much your music is played or something like that. No, not even close to. That results in only a certain group represented in GEMA very well makes lot of money out of this.
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Can't believe I just defended GEMA on a copy-right matter o.O
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Wrong information!
In our fight against the "Content Mafia", that's how we call the f*#king content-industry, we have to be careful. We are David, they are Goliath. We have to argument wisely and most importantly: correct.
You are writing: "...because GEMA is suing YouTube and refuses to even discuss a potential license until the lawsuit is over."
This is pretty good, but not sharp enough for me. It is a very important fact, which isn't told most often, that the GEMA is not allowed to not give a license by law. The GEMA must give licenses, if someone wants one.
To put it in a nutshell: YouTube respectively Google doesn't want to pay the fees for the licenses they could get by the GEMA.
They just try to get cheaper licenes, but they are fighting intransparently by writing: "This video isn't available in your country, because the GEMA didn't sell as a license." That is a lie. The GEMA must sell the license. The sentence should be: "This video isn't available in your country, because we (Google) don't want to pay the (too high) prices for the license."
So please stay smart and sharp, communicate absolutely correctly, because arguments are our most powerful ammunition.
Regards
Btw: diowlix means Democratic Input Output (Wesen=Lifeform) Felix ;o)
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Funfact
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GEMA raises fees for clubs
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GEMA sucks
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