That's fantastic news, just show me that contract and terms from the Pirate Bay is issuing artists, and how much they are paying and we can compare that to a record label contract.
First, the Pirate Bay isn't a label. Second, the Pirate Bay isn't distributing music, they are pointing to where music is being distributed, and third, Pirate Bay is not the tech corporate fat cats.
You complain because nobody else understands what is going on here, but it is quite clear that you sir, are the clueless one.
But keep thrusting your fist in the air. Eventually you'll stop the world, or get struck by lightening.
We demand that all of the Commonwealth countries end up on this list! And all of the European Union!
I agree. Hopefully the United States will lead the charge to be on this list! We were the first to throw off the tyranny of England and we should be at the top of the USTR Special 301 list.
Nice to see my Cargo cult meme gaining a bit of traction!
Hey, if it fits, wear it. As long as you don't come back expecting me to pay you for it. It is a good meme, but not really worth much since it can only be used in relation to shills.
I think they begrudge places like Techdirt that still keep propping her up as an example to artists, neglecting the fact that she was built up in the old system, and is one of very few artists who are making decent money at their craft.
What about Jessica Frech? She isn't extremely famous, but she has quite a following. She isn't signed. And just because you haven't heard of her doesn't mean that she doesn't have quite a following. There are a number of others who have become quite successful without using the old system.
Album+1tour is notably more expensive than album+0tour.
Plus, if grandparent had even read the summary (I know, tl;dr for Anonymous Coward,) she planned to hire a full orchestra to back her up, and orchestras cost money. If she tours with that orchestra, it is going to be even more expensive.
She could absolutely do it. Lets make it $500,000 just for kicks. Buys a REAL NICE house.
Not to mention that doing so would be considered traditional fraud. Are we going to shut down all the newspapers because someone might use it to post a pyramid scheme? Are we going to shut down television because shady companies can sell bait-and-switch PC repair scams, or scareware? Are we going to shut down the mail service because some Lads from Lagos can use it to perpetrate 409 scams?
Kickstart is a tool. Its use to perpetrate fraud is no different than any other tool. Shutting it down is a slippery slope that has been shot down, thankfully, in the past by judges.
Chicken/egg. I heard about The Dresden Dolls before they signed, but I know a LOT of the fanbase came along in the years following.
I am sure that is true with every artist. I've seem bands in concert that weren't signed until after I saw them, and they still had quite a following. When they were signed, they got exposure and went bigtime. However I'd bet there are just as many I've seen that have disappeared into obscurity.
Maybe you didn't hear about her 'till she was free, but I bet a combination of interest earned via fans who DID, helped spread her message to you.
If it was anything that got her message out it was her connecting with her fans, and her fans spreading the message. Those fans may have come from whatever promotion she received from the label, but had she squandered it, she would have lost those fans. Labels don't make fans, and they certainly don't keep fans. Labels may create buzz, which gets people interested, but it is the artist that keeps them. When Metallica started suing their fans, they likely lost more fans (they certainly lost me.) Many of us believe that it doesn't take label buzz to make fans any more -- and I need only point to other recent artists who have become quite successful without the labels by connecting with their own fans and giving them a reason to buy.
Ownership of asteroids and the legalities of mining them could be a lucrative field someday!
I suspect mining asteroids in space is going to be more like Eve Online than United Nations and International Law. If you aren't willing to live on/around and defend your rock, you'll have no way to claim in as yours. It is doubtful there will be any space police to help you out, and except for those who can afford to protect themselves from pirates, there will be plenty of folks out there living off of other's hard work.
Not that I think it is a bad thing...I want us off this rock because either mother nature or ourselves are going to kill us off. For a while, mining in space will be as safe as living in an environment with a lot of radiation and no air outside of a thing shell, but eventually lots of people will be out there... Lawyers will be more for target practice than anything else.
They can... but again, even Amanda Palmer is the product of the record label system, otherwise she is likely to just be another starving musician working an office job and playing weekends in a pub in Boston.
Cargo cult argument. Pure unadulterated BS.
Would you have heard about her without her label (and her telling them to fuck off?)
I hadn't heard of her when she was with her label. I've heard a lot more of her since she left her label, because she has put out the word herself.
We've seen where folks have sold stuff to the industry only to have the industry sit on it and not do anything. If it doesn't fit into the industries definition of a sure thing, they are more likely to sit on it and not promote it. At that point, they are just buying it to prevent anyone else from turning it into a success because if there is one thing they hate more than spending money on promoting someone who isn't Justin Bieber, its passing up on promoting someone who is Justin Bieber and having someone else make more money on it.
This is not news really, because signing a traditional deal with a large advance should have been bypassed years ago.
And yet, many artists still sign 360 deals that put them into voluntary indentured servitude. Those days are numbered though. As more and more musicians figure out the stupidity of dealing with the majors, less targets will be available and the majors will have to do more and more to struggle to hold on to their current fat cow.
All I'll say is it's a lot easier to keep the bank happy if people buy your music.
If you can't keep the bank happy, maybe it is time to look for a different job. People will buy your music if you are good to them, and don't constantly treat them as thieves, and offer them something to buy from you. Amanda seems to be doing this well. If you aren't, then it is likely because you're doing it wrong, not because others are lucky.
You are suggesting that no one ought to be permitted to defend his right to control the use of his property because it ought to be freely usable by someone else.
So that is one vote for moral right then, huh?
If I own the rights in a work, I get to say if you may use it, unless your usage would be permitted, for example, under some lawfully recognized exception such as fair use.
No! no! no! no! Thank god you aren't a lawyer...you'd be laughed out of court. Copyright is about distribution, not use. Get it right. I cannot distribute your intellectual property, but I can use it whatever way I want except distributing it. It is called "copyright" for a reason...so long as I don't make a copy, you lose.
That is not a chilling effect: it is called PRIVATE PROPERTY.
It is not called private property. It is called intellectual property. If it was private property, I could sue you for being injured on it or by it, and neither is possible with intellectual property.
Techdirt further counteracts the copyfraud creep and the author see's his/her work released while being shielded from being sued (unless, that is, I'm wrong on this and the author can still be sued).
It depends on a number of things, I guess. Will Techdirt and Techdirt's Insurance Company take that on as a risk? Can they write a bulletproof contract that will convince a judge that the company can't sue the author in addition to Techdirt?
The shield has to be extremely strong...in my case, they threatened not only me, but my employer (I was doing this for free on my own,) and the company my employer was a sub-contractor for (and both fought for me in that case.) But after sitting down and figuring out that I could not afford to be sued (since I was doing it on my own and my employer wasn't going to provide me with a lawyer,) I put the paper on hold. Sometimes you can be in the right and still not be willing to deal with the results. Sure, I might win, but at the risk of bankrupting me financially, it just wasn't worth it. We figured out another way to get the information out and moved on. We discussed releasing it anonymously, but we figured that since they already threatened us, the moment the paper saw daylight, we were boned.
IMHO, this guy should just anonymously publish his work in--complete with the graphic he'd originally intended to use--and let the wisdom of the mob decide if his work should be held up in the annals of human memory; or left to decay.
Being in a similar situation in the past, with a work I planned on releasing for free, my advice would be to do exactly what he is doing (at least for now.) If you post it anonymously, the company already knows you have it, and they'll come for you which he is trying to avoid. Wait a while for the current idiots to die off and then you'll be able to do what you want. Its unfortunate, but necessary in this stupid environment.
You see, if there's too much money in the suspects account, they can remove some electronically prior to arrest and trial...
Law enforcement is expensive, as is the court system. They are just recouping their costs ahead of time. Its cheaper than arresting them, holding them and their accounts hostages, then having both disappear into the system never to be heard from again. Just wait until they codify capital punishment for companies and people they don't like and things will get much easier for them.
Forgive me if I'm wrong, but hasn't this been noted on this site in the past?
It has. Luckily, or unfortunately, depending on your mood, it keeps getting repeated because there are some of us here (ahem...a particular failed "independent musician" anonymous coward around here in particular) that don't believe it and would rather run around with our hands over our ears yelling "But, Piracy!"
I've seen the same with myself, and it is funny that I didn't know anything about Jessica Frech until I watched her free youtube video and then started buying her stuff even though she makes it available for free on her website. I've done the same with many other artists. But there are some here that believe that free is evil and the only way to make money in this world is to treat your customers poorly, accuse them of stealing your stuff, and then complaining that piracy made you unsuccessful when it really was your own attitude and failure to sell yourself to your audience.
Records are a performance just as valid as any concert. Many musicians don't play concerts, or don't play many concerts, and many not internationally. So you tend to support local musicians only?
At this time, I am calling the bullshit flag. You're an idiot. Keep tilting at windmills.
In reality, all you are doing is claiming to support live performance, while consuming recordings.
Wow...putting words in my mouth. At no point did I say I wasn't consuming recordings. I buy music (from Amazon MP3, itunes, CD-Baby, etc., and from the musicians own website.) What I said was that I support professional musicians by going to their concerts. If you aren't touring, why is that my fault. I don't get paid for not showing up to work, why should you?
On the post: Asking Fans For Support Isn't Begging, It's Solidifying Our Relationship
Re: Re: Re: Re: Re: Re:
Perfect! Gonna have to store that somewhere.
On the post: Asking Fans For Support Isn't Begging, It's Solidifying Our Relationship
Re: Re: Re: Re:
First, the Pirate Bay isn't a label. Second, the Pirate Bay isn't distributing music, they are pointing to where music is being distributed, and third, Pirate Bay is not the tech corporate fat cats.
You complain because nobody else understands what is going on here, but it is quite clear that you sir, are the clueless one.
But keep thrusting your fist in the air. Eventually you'll stop the world, or get struck by lightening.
On the post: USTR Releases Ridiculous 'Naughty' Special 301 List For Countries Who Don't Pass Silly Laws Hollywood Wants
Re: Re:
I agree. Hopefully the United States will lead the charge to be on this list! We were the first to throw off the tyranny of England and we should be at the top of the USTR Special 301 list.
Well, here is to hope.
On the post: No Record Label, But Amanda Palmer Raises Over $100k In Just Six Hours On Kickstarter
Re: Re: Re: Re: Sell music, not copies
Hey, if it fits, wear it. As long as you don't come back expecting me to pay you for it. It is a good meme, but not really worth much since it can only be used in relation to shills.
On the post: No Record Label, But Amanda Palmer Raises Over $100k In Just Six Hours On Kickstarter
Re: Re: Okay by me
What about Jessica Frech? She isn't extremely famous, but she has quite a following. She isn't signed. And just because you haven't heard of her doesn't mean that she doesn't have quite a following. There are a number of others who have become quite successful without using the old system.
On the post: No Record Label, But Amanda Palmer Raises Over $100k In Just Six Hours On Kickstarter
Re: Re: What does she need $100,000 for?
Plus, if grandparent had even read the summary (I know, tl;dr for Anonymous Coward,) she planned to hire a full orchestra to back her up, and orchestras cost money. If she tours with that orchestra, it is going to be even more expensive.
On the post: No Record Label, But Amanda Palmer Raises Over $100k In Just Six Hours On Kickstarter
Re: Re: Re: Re: Re:
Not to mention that doing so would be considered traditional fraud. Are we going to shut down all the newspapers because someone might use it to post a pyramid scheme? Are we going to shut down television because shady companies can sell bait-and-switch PC repair scams, or scareware? Are we going to shut down the mail service because some Lads from Lagos can use it to perpetrate 409 scams?
Kickstart is a tool. Its use to perpetrate fraud is no different than any other tool. Shutting it down is a slippery slope that has been shot down, thankfully, in the past by judges.
On the post: No Record Label, But Amanda Palmer Raises Over $100k In Just Six Hours On Kickstarter
Re: Re: Re: Re: Sell music, not copies
I am sure that is true with every artist. I've seem bands in concert that weren't signed until after I saw them, and they still had quite a following. When they were signed, they got exposure and went bigtime. However I'd bet there are just as many I've seen that have disappeared into obscurity.
Maybe you didn't hear about her 'till she was free, but I bet a combination of interest earned via fans who DID, helped spread her message to you.
If it was anything that got her message out it was her connecting with her fans, and her fans spreading the message. Those fans may have come from whatever promotion she received from the label, but had she squandered it, she would have lost those fans. Labels don't make fans, and they certainly don't keep fans. Labels may create buzz, which gets people interested, but it is the artist that keeps them. When Metallica started suing their fans, they likely lost more fans (they certainly lost me.) Many of us believe that it doesn't take label buzz to make fans any more -- and I need only point to other recent artists who have become quite successful without the labels by connecting with their own fans and giving them a reason to buy.
On the post: DailyDirt: Unobtainium Will Save Us!
Space Law...not likely
I suspect mining asteroids in space is going to be more like Eve Online than United Nations and International Law. If you aren't willing to live on/around and defend your rock, you'll have no way to claim in as yours. It is doubtful there will be any space police to help you out, and except for those who can afford to protect themselves from pirates, there will be plenty of folks out there living off of other's hard work.
Not that I think it is a bad thing...I want us off this rock because either mother nature or ourselves are going to kill us off. For a while, mining in space will be as safe as living in an environment with a lot of radiation and no air outside of a thing shell, but eventually lots of people will be out there... Lawyers will be more for target practice than anything else.
On the post: No Record Label, But Amanda Palmer Raises Over $100k In Just Six Hours On Kickstarter
Re: Re: Sell music, not copies
Cargo cult argument. Pure unadulterated BS.
Would you have heard about her without her label (and her telling them to fuck off?)
I hadn't heard of her when she was with her label. I've heard a lot more of her since she left her label, because she has put out the word herself.
We've seen where folks have sold stuff to the industry only to have the industry sit on it and not do anything. If it doesn't fit into the industries definition of a sure thing, they are more likely to sit on it and not promote it. At that point, they are just buying it to prevent anyone else from turning it into a success because if there is one thing they hate more than spending money on promoting someone who isn't Justin Bieber, its passing up on promoting someone who is Justin Bieber and having someone else make more money on it.
On the post: No Record Label, But Amanda Palmer Raises Over $100k In Just Six Hours On Kickstarter
Re:
And yet, many artists still sign 360 deals that put them into voluntary indentured servitude. Those days are numbered though. As more and more musicians figure out the stupidity of dealing with the majors, less targets will be available and the majors will have to do more and more to struggle to hold on to their current fat cow.
All I'll say is it's a lot easier to keep the bank happy if people buy your music.
If you can't keep the bank happy, maybe it is time to look for a different job. People will buy your music if you are good to them, and don't constantly treat them as thieves, and offer them something to buy from you. Amanda seems to be doing this well. If you aren't, then it is likely because you're doing it wrong, not because others are lucky.
On the post: The Chilling Effects Of Copyfraud: Blocking A Researcher From Fair Use... And Scaring Him Into Staying Quiet About It
Re: Re: Re: Re: Re:
So that is one vote for moral right then, huh?
If I own the rights in a work, I get to say if you may use it, unless your usage would be permitted, for example, under some lawfully recognized exception such as fair use.
No! no! no! no! Thank god you aren't a lawyer...you'd be laughed out of court. Copyright is about distribution, not use. Get it right. I cannot distribute your intellectual property, but I can use it whatever way I want except distributing it. It is called "copyright" for a reason...so long as I don't make a copy, you lose.
That is not a chilling effect: it is called PRIVATE PROPERTY.
It is not called private property. It is called intellectual property. If it was private property, I could sue you for being injured on it or by it, and neither is possible with intellectual property.
On the post: The Chilling Effects Of Copyfraud: Blocking A Researcher From Fair Use... And Scaring Him Into Staying Quiet About It
Re: Re: Re: Human Unstoppable
It depends on a number of things, I guess. Will Techdirt and Techdirt's Insurance Company take that on as a risk? Can they write a bulletproof contract that will convince a judge that the company can't sue the author in addition to Techdirt?
The shield has to be extremely strong...in my case, they threatened not only me, but my employer (I was doing this for free on my own,) and the company my employer was a sub-contractor for (and both fought for me in that case.) But after sitting down and figuring out that I could not afford to be sued (since I was doing it on my own and my employer wasn't going to provide me with a lawyer,) I put the paper on hold. Sometimes you can be in the right and still not be willing to deal with the results. Sure, I might win, but at the risk of bankrupting me financially, it just wasn't worth it. We figured out another way to get the information out and moved on. We discussed releasing it anonymously, but we figured that since they already threatened us, the moment the paper saw daylight, we were boned.
On the post: The Chilling Effects Of Copyfraud: Blocking A Researcher From Fair Use... And Scaring Him Into Staying Quiet About It
Re: Human Unstoppable
Being in a similar situation in the past, with a work I planned on releasing for free, my advice would be to do exactly what he is doing (at least for now.) If you post it anonymously, the company already knows you have it, and they'll come for you which he is trying to avoid. Wait a while for the current idiots to die off and then you'll be able to do what you want. Its unfortunate, but necessary in this stupid environment.
On the post: Now Is The Time To Improve CISPA Before Friday's Vote By Pushing These Critical Amendments
Re: Re: Re: I'm looking at Bartons and...
Law enforcement is expensive, as is the court system. They are just recouping their costs ahead of time. Its cheaper than arresting them, holding them and their accounts hostages, then having both disappear into the system never to be heard from again. Just wait until they codify capital punishment for companies and people they don't like and things will get much easier for them.
On the post: Breivik, The Press And The Ongoing Myth Of The 'Violent Gamer'
Quote the Anonymous Coward....
(Although I cleaned up his language a bit, I thought it was apropos. However, I enjoy the links to Rock Paper Shotgun with the thoughtful commentary.)
On the post: Web Documentary: How The Internet Changed Heavy Metal
Re: Re:
It has. Luckily, or unfortunately, depending on your mood, it keeps getting repeated because there are some of us here (ahem...a particular failed "independent musician" anonymous coward around here in particular) that don't believe it and would rather run around with our hands over our ears yelling "But, Piracy!"
I've seen the same with myself, and it is funny that I didn't know anything about Jessica Frech until I watched her free youtube video and then started buying her stuff even though she makes it available for free on her website. I've done the same with many other artists. But there are some here that believe that free is evil and the only way to make money in this world is to treat your customers poorly, accuse them of stealing your stuff, and then complaining that piracy made you unsuccessful when it really was your own attitude and failure to sell yourself to your audience.
On the post: Video Game Developers Continue To Ignorantly Attack Used Game Sales
Re: Re: Re: Re: Re: Re: Re: Simple solution
Aren't they all used anyway. Who buys a new stripper and never uses it? I mean, seriously, paint doesn't strip itself.
On the post: French Tweeters Get Around Ban On Tweeting Election Results Using WWII-Era Codes
Re: Mmmm
I'll need to remember this when our new overlords decide to do something similar. Then again, aren't exit-polls just a low-tech version of twitter?
On the post: Author Discovers Assassin's Creed Uses Same Cliche'd SciFi Trope As His Book... Sues For Infringement
Re: Support
At this time, I am calling the bullshit flag. You're an idiot. Keep tilting at windmills.
In reality, all you are doing is claiming to support live performance, while consuming recordings.
Wow...putting words in my mouth. At no point did I say I wasn't consuming recordings. I buy music (from Amazon MP3, itunes, CD-Baby, etc., and from the musicians own website.) What I said was that I support professional musicians by going to their concerts. If you aren't touring, why is that my fault. I don't get paid for not showing up to work, why should you?
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