Last week Techdirt wrote about the perverse attitude of the UK recording industry, which seems obsessed with "stamping out piracy" rather than making more money. Here's a story from TorrentFreak that looks to be another example of attacking first and thinking afterwards:
Several UK Internet providers are blocking Pirate Bay's perfectly legal promotion platform for independent artists. The Promo Bay website is currently being blocked by BT, Virgin Media, BE and possibly several other providers. A plausible explanation is that the Promo Bay domain is listed on the same blocklist that's used to enforce the Pirate Bay blockade. However. the domain itself has never linked to infringing material, nor is it hosted on The Pirate Bay's servers.
As that explains, The Promo Bay, which we wrote about back in January, is not offering any unauthorized copies of music, and is hosted independently from The Pirate Bay. So either it's been blocked because its association with The Pirate Bay is enough to goad the UK recording industry into unthinking action, or else it's happened by mistake.
Either way, the fact that a perfectly legal service offering perfectly legal material has been rendered inaccessible without warning and for no discernible reason is a reminder that site blocking is a really poor way to tackle unauthorized downloads, with the likelihood of collateral damage. Far better to offer good legal alternatives - like The Promo Bay.
Today, instead of the usual community favorites post, we wanted to take the opportunity to highlight our own top picks for the week. It was an easy choice, because we love it when artists and creators visit the site to speak about their experiences, and this week we were lucky enough to have guest posts from three different musicians. They all had a lot of great stuff to say, and here are a few highlights.
So how do I feel? What's the right way? Fuck if I know. But I'll adapt and I'll do it with respect and class and not kicking and screaming. There's a hell of a lot I could say about both sides of this particular subject, but honestly does it matter? You all have formed your opinions on it already and in the end people like me are still out here trying to make a living no matter what those opinions are... right, wrong or in-between.
Unfortunately the comment thread on that post was hijacked by one particularly obnoxious AC, but amidst the noise there was also a strong response from some community members who were grateful to El-P for sharing his frank and thoughtful opinion, just as we were.
There's a great story about how bamboo grows. A farmer plants a bamboo shoot underground, and waters and tends it for about three years. Nothing grows that's visible, but the farmer trots out there, tending to this invisible thing with a certain amount of faith that things are going to work out. When the bamboo finally appears above ground, it can shoot up to thirty feet in a month. This is like my kickstarter campaign. The numbers aren't shocking to me, not at all. I set the goal for the kickstarter at $100,000 hoping we'd make it quickly, and hoping we'd surpass it by a long-shot.
Incidentally, as I pointed out on Twitter, Amanda Palmer is an anagram for A Mr. Panda Meal. Coincidence?
Now, thanks to the High Court ruling, no aspiring musician will be able to use The Promo Bay to gain exposure in the UK. Once again, the British Phonographic Industry is throttling any channel of distribution which doesn't allow them the cut to which they believe they are entitled. I'd like to see what the BPI's head, Geoff Taylor, has to say to George Barnett, the unsigned British songwriter whose fanbase skyrocketed after being featured on The Promo Bay. The only thing that the BPI has done for George is to entirely prohibit his primary means of exposure.
Of course, those aren't the only choice words Dan has for the BPI.
Big thanks to El-P, Amanda Palmer and Dan Bull for stopping by and sharing their thoughts! For some other creators featured on Techdirt this week (just not in person), check out game developer Stardock's Jon Shafer on building a loyal fan base, producer Swizz Beatz on embracing technology, My Bloody Valentine's Kevin Shields on a dispute with Sony, and author Paulo Coelho's stats on his $0.99 ebook sale.
We recently noted that, in the same week that Dan Bull had his new single hit the music charts because he promoted it via The Pirate Bay, BPI had convinced a court to order UK ISPs to start blocking TPB. Earlier this year, Dan had already written a song, Bye, Bye BPI, for that organization's initial attempt to block The Pirate Bay, and we asked Dan to share his thoughts on TPB officially being blocked in the UK.
The Pirate Bay would seem an odd primary target for the British record industry's hit list. After all, it doesn't host any infringing content, but serves as a hub for people who want to share their own files directly. Sites like YouTube receive stratospherically higher amounts of traffic, and host hundreds of thousands of infringing videos. Perhaps it is not the infringement itself then, but The Pirate Bay's notoriously defiant defense of its modus operandi that has made it a target. Or maybe it's an underlying acknowledgement that to prevent infringement in any meaningful way would require the impossible feat of blocking every site on the internet that contains a hyperlink.
Despite the industry's readiness to insist that copyright infringement threatens the future of musicians - especially those who are lesser known - there are plenty of examples where the opposite is true. In fact, every musician I know utilizes filesharing in some form or another. Let me tell you how filesharing has allowed me to turn my creative ambitions into something real.
I use a program called Cubase to compose my music. Initially I bought a legitimate copy for several hundred pounds. It was buggy and regularly crashed. Eventually it stopped working altogether. Rather than buying a replacement, I downloaded a cracked version via The Pirate Bay. It was far more stable. I also downloaded some industry standard plugins which would have cost thousands of pounds. I was unemployed, so the choice wasn't between downloading or purchasing. It was between downloading or nothing.
Using this cracked software I produced an album about overcoming self-destructive thoughts and coping with Asperger syndrome. A while after publishing the album I was contacted by a young man who I'll call Rupert. Rupert suffered the same problems, and was preparing to take his own life. After listening to the album, he realized that he wasn't alone, and chose to face his problems. This music, he said, saved his life. If the British Phonographic Industry had gotten their way sooner, my album wouldn't exist, Rupert wouldn't have heard it, and perhaps his story might have taken a turn for the worse.
Another example of how filesharing and creativity go hand in hand is The Promo Bay - The Pirate Bay's launchpad for unsigned artists. Thousands of musicians have applied, eager for their work to be given the spotlight that traditional, industry-sanctioned channels will never allow. Now, thanks to the High Court ruling, no aspiring musician will be able to use The Promo Bay to gain exposure in the UK. Once again, the British Phonographic Industry is throttling any channel of distribution which doesn't allow them the cut to which they believe they are entitled. I'd like to see what the BPI's head, Geoff Taylor, has to say to George Barnett, the unsigned British songwriter whose fanbase skyrocketed after being featured on The Promo Bay. The only thing that the BPI has done for George is to entirely prohibit his primary means of exposure.
A few months ago I asked The Pirate Bay if I could help to manage The Promo Bay for them. They reluctantly refused, telling me that if I worked with them in any official capacity, I may be regarded as a co-conspirator, meaning that if I ever wanted to visit the USA I could be detained on criminal charges. Yes - helping to promote unsigned music on a popular website meant that I could be kept prisoner in a foreign country for supposedly conspiring to help kill the music industry. If ridiculous situations like the above are allowed to happen, then perhaps killing the music industry wouldn't be such a bad thing...
Having said that, it's laughably easy to circumvent the block enforced by the courts; it takes a single click. This is as difficult as it will ever be, unless the internet is policed and regulated so much that it ceases to function at all. Preventing internet filesharing is impossible because - quite simply - the internet IS filesharing.
This was mostly expected since earlier this year, but the UK's High Court has now ordered a bunch of ISPs to block The Pirate Bay. This is pretty unfortunate, given that we were just talking about how UK-based musician Dan Bull used The Pirate Bay to help him get on the charts. That avenue is about to be closed off to up and coming musicians... all because the legacy recording industry remains too closed-minded to figure out how to adapt and provide consumers what they want. And, of course, the blockade won't even be remotely effective. Lots of people will just use VPNs or proxies to get what they want anyway. Even more ridiculous is that it will hinder perfectly legitimate activity. Just a few weeks ago I was in the UK, and I was doing some research on The Pirate Bay's "Promo Bay." I wouldn't have been able to do that if The Pirate Bay was blocked. I did nothing illegal, and yet the UK courts want to treat it as such. That's sad.
Check it out: a rare bonus Sunday post. Dan Bull, the independent UK musician who we've written about quite frequently for his songs about topics near and dear to our hearts, has come out with another awesome new song, Sharing is Caring. However, there is one thing different this time around: he wants to see if he can get his freely available song on the music charts. To that end, he's using the Promo Bay, having The Pirate Bay promote his song to its millions of users, and also posting the fun videos (yes, multiple videos) of the song on YouTube.
Traditionally, the major labels tend to get their hits to chart by "buying" their way onto the list. In some cases, this was a literal situation, where labels would effectively scam the Soundscan system to get their albums/songs listed. That's become more difficult these days, but still a major label release will also include millions of dollars spent on marketing to get it on the charts. Dan, however, is wondering if support from the folks at The Pirate Bay might be enough to get his song to chart and to make a pretty powerful point:
The singles charts are worthless as an indicator of quality, and artists needn't strive for the validation of reaching them.
However, by taking a free song by an unsigned artist to the echelons normally reserved for the industry elite, I want to smash the glass ceiling and show that there is another way of doing things.
There are ten different versions of the song—one each focused on Facebook, Twitter and Google+, several remixes, and a selection of instrumental and acapella tracks for other musicians to build upon. You can download all ten from the Pirate Bay (of course, if you're in the Netherlands, too bad), and you can support Dan's shot at the charts as much or as little as you want by buying some or all of them individually from iTunes, Amazon or Play. There is a convenient list of direct store links on Dan's website.
So check out the video for the first version of Sharing is Caring here, and if you'd like to help show the old guard that it is possible to release music freely on sites like The Pirate Bay, and still have that music "sell" well, purchase the track at your favorite online retailer.
Tim O'Reilly coined the famous saying that obscurity is a much bigger problem than piracy -- and it seems that the folks over at The Pirate Bay have constructed a simple experiment to test this aphorism out. It's called The Promo Bay, and it's a system for letting content creators promote their works on the front page of The Pirate Bay in up to three countries of their choosing (for free, of course). Remember, The Pirate Bay gets a tone of traffic -- over 1.8 billion pageviews per month, apparently. If you're an up-and-coming artist who no one's heard of, at some point it has to be pretty tempting to turn that firehose in your direction... even if it means having works distributed for free. In fact, it seems like artists should be lining up for such a program just to get that kind of traffic. Of course, we've seen some artists do deals with The Pirate Bay before -- to great success. The new program just seems like a way of making that easier for artists... and doing it more often. But it really does seem to be a quick way of asking the obscurity vs. piracy question in a much more direct and very, very real manner.
