Lily Allen No Longer in Favor Of Kicking People Offline... Just Cutting Back Their Bandwidth

from the um.-ok. dept

Well, this is getting particularly silly now. Despite claiming that she wasn't going to the meeting of various musicians in the UK to discuss Peter Mandelson's "three strikes" proposal, Lily Allen apparently did show up and said that kicking people offline was too draconian. This is, at least, a modest victory for those of us who questioned her stance. Still... it wasn't a wholesale shift. The musicians instead still agreed to support a similar three strikes plan, that just had a slightly less onerous "final solution," involving taking away most of a user's bandwidth:

"Our meeting voted to support a three-strike sanction on those who persistently download illegal files, to consist of a warning letter, a stronger warning letter, and a final sanction of the restriction of the infringers' bandwith to a level which would render file-sharing of media files impractical while leaving basic e-mail and web access functional."

That's still a pretty big overreaction to such things -- especially since none of these artists have been able to respond to the basic questions posed by many of us, asking for any evidence that the problem they face is actually unauthorized file sharing, rather than a shift in technologies and business models. Again, as we've pointed out countless times, the size of the overall UK music industry is growing, not shrinking, and those who have put in place business models that embrace file sharing have seen their own markets grow, not shrink. So, it's hard to see how the claim that "file sharing" harms the industry squares with reality. Instead, it sounds like a failure to adapt a business model is harming some artists, while other, smarter artists are doing just fine.

The group also condemned the vitriol that Allen had faced on an internet blog that she had set up to argue against music piracy.

Now, I certainly condemn any such "vitriol" as well, but again, nearly every comment I saw on the later posts on her blog were quite well thought out and well-argued. There was a lot of silly and condemnable comments on her earlier posts, but later posts brought up very good questions -- all of which Lily refused to respond to. So, I'm still having trouble believing that she shut down the blog due to any vitriol -- even if the press seems to be accepting that claim uncritically. It's also quite telling that she shut down the blog just after attention was brought to the fact that Lily herself was sharing a ton of music in the form of mixtapes.

It still seems a lot more likely that she shut down her blog not because of any vitriol, but because she was unable to respond to those questions. In fact, the brief response she had up, claimed that the mixtapes only used 30 seconds to 1 minute of songs. However, those who downloaded the mixtapes claim this is not true, and most of the songs appear to be complete versions. Furthermore, she claimed she made the mixtapes five years ago, but her own blog posts suggest it was more like three years ago... So, again, this is not vitriol, and while I'm sure there are some vitriolic commenters out there, I find it rather weak that Lily and these other musicians are refusing to respond to some very serious questions by hiding behind a claim that she was somehow unfairly "attacked." Playing victim when you were caught doing the very thing you condemn isn't particularly convincing.

I will say that I hope that many of those reasoned, well-thought out and carefully argued comments on Lily's blog before she erased it were part of what convinced her that her original support for cutting people off of the internet entirely was wrong. At least that was a small victory for reasoned debate. It's only unfortunate that once the debate started to reach more serious questions, she stopped participating. And, once again, given that she, herself, appeared to have shared a large amount of music, I have to ask if she's willing to accept the same limitations on her internet access that she came out in support of tonight. Will she accept limited bandwidth, so she can do basic web surfing and email, but no more? If not, how is that fair?

Filed Under: copying, copyright, infringement, lily allen, mix tapes, three strikes
Companies: fac, featured artist coalition

A Teaching Moment For Lily Allen [Update: And *Poof* Goes Her Blog]

from the missing-the-point dept

In my last post about Lily Allen's hypocrisy in uploading tons of songs without authorization, while saying it's good to cut off internet access for regular uploaders, one of the commenters made a good point: we should use this as a teaching moment, to try to show Ms. Allen why her position is wrong, rather than focusing on calling her a hypocrite. And, indeed, that would be great, but it seems like a difficult lesson for some -- including Ms. Allen -- to grasp. Her response to my post seems to come up with a variety of excuses, none of which actually touch on the actual point:

i made those mixtapes 5 years ago, i didn't have a knowledge of the workings of the music industry back then...

The point is that, thanks to today's technology, it's quite easy for people to infringe while doing what they think is a good and reasonable thing. Lily, you created these mixtapes to promote both your own music and the music of others you liked. That's a perfectly reasonable thing to do. But it's infringing. Think of all the other people who are just like you 5 years ago. They don't have knowledge of the workings of the music industry, and they're trying to promote themselves or share music they like. But, based on the laws that you yourself now support, the Lily of 5 years ago might not have an internet connection. Even though the "infringement" you did was for entirely innocent reasons. How is that fair or just?

The point (and this was the same point we tried to make with our original post about copying a Techdirt post) is that incidental infringement is almost impossible to avoid. Everyone infringes in some way or another in the course of a day. One paper found that people infringe many times over in the course of a single day. Everyone does. And while your infringements are a bit more... um... blatant than most, it highlights the problem of having such a draconian action against file sharers. Cutting them off from the internet for something that everyone is doing all the time seems quite problematic, doesn't it?

So, a quick question for you, Lily: Is "well I uploaded those songs before I knew how the music industry worked" a reasonable defense to prevent Lord Mandelson from taking away your internet access or the internet access of anyone else?

As your article clearly states , lilyallenmusic.co.uk is an EMI run website, which is exactly why i don't acknowledge it (i think theres a link to it on my myspace(which i do run), thats purely because, my record contract states i cant sell my merchandise online anywhere else on the net . i don't post on there, i dont even look at it. the record company run it.

Fair enough, but really the fact that it's a major label owned site was a separate issue (having to do with EMI's claims in its lawsuit against MP3Tunes). It still doesn't change the fact that you created these mixtapes, and used them to advance your career. And now you are claiming that the very same tactics should not be allowed for others?

In your original post pushing back on the Featured Artists Coalition, you complained about how they were all big stars, and how their plan would hurt the up-and-coming artist. And yet, when you yourself were an up-and-coming artist, you used free music distribution to your own advantage. Now you're not only looking to take that option away from up-and-coming artists, you're looking to kick them entirely offline for a period of time. It seems like that's a much bigger "harm" to up-and-coming artists than people sharing their music and promoting them for free.

But just like you mocked the FAC artists for having an unfair advantage for being big, you seem to be in the same position. You want to take away tools from up-and-coming artists that you yourself used.

Anyway the snippets of songs you hear on those mixtapes are about 30 seconds to 1 minute in length, in traditional mixtape style, it is infringement, correct, but it's not my site, it's EMI's. i am not a hypocrite, i don't illegally download music, and i still think unauthorised file sharing is wrong.

But you were the one who created the mixtapes, correct? You were the one who infringed and uploaded them and offered them to the world. That they're now on a site controlled by EMI is quite besides the point.

If you truly believe that regular uploaders should have their internet access taken away, why not make an example of yourself? Why not take away your own internet access for a year to prove the point? Or do you not think the laws you want to apply to everyone else should apply to you?

Again, the whole point here is that what you did was entirely natural and made plenty of sense. Lots of people do it today. They do it because they love music. There's nothing wrong with that, and you know it (or, apparently, knew it at one point in the past). And, there are many ways to take advantage of that fact. Just as 50 Cent does. Just as you did. Going to war with the fans who made you who you are today, in part because of your own infringing behavior, just doesn't make any sense. You keep saying that file sharing harms artists, but it existed five years ago as well, and didn't harm you. It helped you. So why would you want to take that away from everyone else?

Update: Wow. In the half an hour or so that I took to write this post, Lily erased the blog post where she responded (I've got a screenshot if anyone wants to see it), and just added a note to Twitter, saying that she's shut down the entire blog due to too much abuse. Lily, it's not abuse if we're just asking you to rethink your positions that appear to not be particularly well thought out.

Filed Under: copying, copyright, infringement, lily allen, mix tapes, three strikes
Companies: emi

Lily Allen Distributing Tons Of Copyrighted Music; Blows Way Past Three Strikes

from the put-the-stone-down-lily,-that's-a-big-glass-house dept

Really don't want to turn this into an all Lily Allen all the time blog, but reader Peter has sent in something rather interesting: When Lily was first trying to get attention, she created a couple of mixtapes with a ton of songs from other artists... available as MP3 downloads, and mixing in her own tracks. This is a well-known tradition in some circles and a great way to get some attention. We're all for it. But... it seems quite hypocritical of Ms. Allen to claim that file sharing is somehow evil and destroying the industry when she appears to be an active participant and used it to promote herself (oh my goodness! free music working as promotion!). According to the tracklisting of the second mixtape, it included 19 tracks by artists other than Lily Allen. Both mixtapes (mixtape 1 and mixtape 2) are available directly off of Lily's website, LilyAllenMusic.com, which has a copyright notice at the bottom from EMI.

So, when Lily notes on her anti-piracy blog that:

Also the government legislation is targeting uploaders -- people that make music available illegally

It appears that she actually qualifies. Quite directly. She's offering music from, among others, Jay-Z, Jefferson Airplane, The Specials and The Kinks. Admittedly, it's just a quick look around, but it appears many of the artists whose works she's distributing for free have no connection with EMI. Even if they did, remember EMI was recently claiming that it's never authorized MP3s for distribution for publicity purposes. Uh oh.

So... while the hypocrisy of Allen's copying a Techdirt post was still misunderstood by some (including Ms. Allen), I'm curious how anyone can say she isn't in serious trouble at this point. She claims that people who make music available illegally should have their internet connections removed. Yet, these two mixtapes, hosted directly on her own (EMI copyrighted) website, seem to suggest a pretty massive illegal distribution attempt. Given how much the music industry was awarded from Jammie Thomas and Joel Tenenbaum for distributing significantly fewer songs... not only should Allen be kicked offline, but she should be fined too. Or am I missing something from the recording industry's "education campaign" on this topic?

Honestly, this whole thing is so insane, I'm beginning to wonder if the blog and the statements from Lily Allen are really from her. How could someone who is still directly distributing free music from others from her own major label site claim a moral high ground against music being free?

Filed Under: copying, copyright, infringement, lily allen, mix tapes, three strikes
Companies: emi

Jay-Z's Favorite New Rapper: Free Music Is The Future

from the more-artists-getting-it dept

Haggis points us to an article about a guy who's been called "Jay-Z's favorite new rapper," who seems to be working with all the big names in the music business these days. But, Olubowale Victor Folarin, who goes by the name Wale (pronounced wah-lay) understands the importance of "free" within a business model. After all... it's how he got discovered:

Initially, he gained attention by making mix tapes available for free on the internet. Immediately they caught the eye and ear of musical magpie and producer Mark Ronson.

But, wait... wasn't the RIAA telling us that mixtape makers were criminals who needed to be thrown in jail while having their homes raided by SWAT teams? Looks like Wale understands the lessons of free music:

"Free music is the way for the future. To get your music off the ground you've got to give it away for free at first."

And apparently it's the way of big popular bands as well. So, who is free music bad for again? Oh, right. The folks who bet their entire business on selling plastic discs and refused to embrace what technology allows.

Filed Under: business models, free music, jzy-z, mix tapes, wale

And Another Useful Online Music Service Shut Down By The RIAA

from the one-by-one dept

Ever since it launched, people have waited for the RIAA or its member record labels to go after Muxtape. The site allowed individuals to upload MP3s that they had and create a streaming "mixtape" of music. It was actually a pretty cool way to hear new music from individuals you trusted -- just like sharing mixtapes back in the 80s. You might think that, perhaps, the recording industry would recognize how successful mixtapes were back then in promoting certain bands, and wouldn't freak out about an online version. But, of course, this is the RIAA we're talking about. While the details aren't clear, Muxtape has shut itself down, claiming that it needs to get some stuff sorted out with the RIAA. There is always the possibility that it's doing this to get extra attention, but if we take the company at its word, then it seems likely that the usual pattern is happening. An RIAA label is demanding some ridiculous license fee, and threatening to sue if it doesn't get it. If it's a label like Warner Music, it's probably also demanding equity in the company. Either way, it will be interesting to see if Muxtape ever comes back, and what the details of its "resurrection" will actually be.

Filed Under: copyright, mix tapes, riaa, streaming music
Companies: muxtape, riaa