If you don't have time to look for music on the Internet, you don't have time to look for music. Looking for music on the Internet takes no more time than any other method I can think of, except where it's faster.
[He] worries about the legitimate content holder who accidentally files an incorrect DMCA getting hit with a big legal bill.
People go to court with legitimate concerns all the time. If they lose, they have to pay the defendant's legal fees. Thus, the legitimacy of the claim doesn't matter. I have even less sympathy for someone who 'accidentally' begins a legal process.
I also believe that the award should include punitive damages. If it just includes damages and attorney's fees, what's the incentive to not issue the takedown? In alot of these cases, the takedowns have nothing to do with copyright, and everything to do with stifling speech or newsworthy content.
Alot of people and companies would be perfectly willing to shell out a few grand if it means the video will be taken down for a few weeks, and not put back up until all of the fuss is over with.
Also, funny how much country music you purchase on Amazon for someone who doesn't like country. You have time to research music for other people but not for yourself? Odd.
Real data, not news blurbs about statistics that might be included in some reports by unknown sources. (I especially liked the blurb that quoted a report by an unknown group with no information about the report other than that it was about Americans not having computers and it was available for sale for 2,995 pounds, which is darn near $5,000 US.)
I listened to a radio every day at work for years. That doesn't mean that I used the radio for music, or that I didn't use other sources for music. You can say, 'These people are radio listeners and can't possibly be anything else.'. That just doesn't make sense. Radio listenership stats don't have any impact on this discussion.
A broadband report on American homes doesn't have any impact on this discussion, because you don't need broadband in your home to download music. Really, I can't think if a single Internet connection that could stop me from downloading music, including borrowed WiFi. Can you?
The number of people with desktop machines in their home have much impact on this discussion. People who don't have desktops at home may have gaming systems, cell phones, computers at work, the library, school, friends and relatives home... The list goes on endlessly.
Besides, where's the source report for that? Certainly nobody's ever asked me if I have a computer (I have four PCs, a Blackberry, a Wii, a work machine, a netbook, and endless local libraries, schools, friends, and relatives), so how did that polling work again? Somebody just estimated that those homes didn't have machines? Based on WHAT? I don't know, and neither do you, but you didn't link to any studies or any sources for those numbers.
I don't see how anyone with half a brain can look at those numbers and conclude that half of everyone in America are unable to use the Internet to find and purchase music. There's no link. There's no logical inference. It's just 'mindless babbling'.
You're asking me if I want you to quote your source??? Yes, of course, I do. That's why I've repeatedly asked you to do so. Are you going to quote your sources for your statements or just keep babbling?
Whether or not you've used a plumber is irrelevant. Here are the points that I made, in little words:
When people need plumbers, they look for places where plumbers advertise, and pick one. They don't wait until a plumber knocks on the door to advertise that they can fix your broken toilet. Sometimes they do pick one through word of mouth, but it's much more likely that they found them through the Internet or a telephone book. Not magical beams.
A musician is a service provider, like a plumber. Putting the marketing onus entirely on musicians is like waiting for the plumber to knock on your door. The man who doesn't contact the plumber is going to have a broken toilet forever. The man who waits for magical music beams is going to have a limited music collection forever. Someone who is willing to wait obviously doesn't have a fixed toilet or music acquisition very high on their priority list. If it's not a priority for you, that's fine. But you can't blame the plumber or the musician for not showing up at your door.
Yes, musicians do advertise alot. That's what I said. My point was that it's expensive to advertise, and you're asking them to advertise more, with less chance of return, and less profit when they do see a return. It doesn't make sense to spend $100 in advertising in hopes of making $50 in sales. You represent that lost $50. It's not a loss to skip you as a customer - it's a gain.
In other words, you have an overinflated sense of your worth as a customer.
My statement about your claim of willingness to spend more money stands. Your current collection of music is irrelevant. It might show your willingness to spend x amount on music, but it simply doesn't show that you'd be willing to spend several hundred dollars more than x each year.
Now, you haven't answered half of what I've written, about the statistics that you keep spouting with no sources, about how you go from unable to uninterested, and without even fake numbers to back your claims that people don't use the Internet to find music and purchase music.
In fact, you've spent most of your time here being deliberately obtuse, and pulling numbers out of the air. That tells me that you don't really care about finding music; you just wanted to 'win' a discussion. Well, you win, hon. You win as much time without good music as you care to spend. Hooray!
You know, with further thought, I don't believe that there is an Internet connection that can't support an mp3 download. Even dial-up and wireless can do it, on crappy telephones and computers. Quote your source, please.
It doesn't really matter, since having your own personal Internet connection that leads to a computer in your home isn't necessary to use the Internet to find and purchase music, but I'm curious.
Nooooo...it requires a significant effort on my part because it requires me to change my current behavior substantially.
Yeah, I bet the people who used coal hated electricity... Wait... You mean they loved it for its efficiency, even though it caused a substantial change in behavior? Huh. I guess that your refusal to change means that you're stuck with old, inefficient methods of finding music.
If bands are unable to connect with me, too bad for them.
The exchange goes two ways - too bad for them, and too bad for you. They don't get money and you don't get new music. Putting the onus for marketing entirely on them is silly, and doesn't do you much good, as evidenced by your posts.
After all, your plumber probably doesn't spend very much on advertising. Certainly not as much as you're asking musicians to, and they have much less chance of attracting your attention, and will make much less money when/if they do.
I would willingly spend several hundred dollars per year more on CD's if I found music worth buying.
It seems silly to say that you'd be so willing to spend so much money on music, when you're not willing to spend an ounce of energy or time on music. I very much doubt that you
I sympathize with whatever problems you may be having and wish you the best of luck correcting them.
...when I have a specific target, I go to Amazon and buy it. The amount of time it takes to purchase music is miniscule.
The amount of time it takes to use Amazon to download a song, and to use Pandora to find one are very similar. If you have time for one, you have time for the other. Regardless, Amazon itself has a very good system for recommending music. If you've purchased music there, you've already started on the path to using the Internet to find music.
The number is not only NOT miniscule, it is about half of all people.
You gave numbers of people who don't have what you call a computer in their home, and who also don't have a connection that you think is capable of downloading music. That's certainly not the same thing as the people who can use the Internet to find and purchase music.
You didn't give numbers of people who use the Internet at cafes, at school, in libraries, at work, at friends homes, at relatives homes, on their telephone, with their gaming system... The list goes on. Your statistics have nothing to do with who's able to use the Internet to find music, so I'm not going to bother with them.
Wow, so the 250 million or so people in the U.S. who listen to the radio are somehow handicapped by age or mental capability.
You've gone on and on about how many people can't use the Internet to find music. That's incredibly incorrect. People can choose not to use the Internet, but that doesn't mean that they 'can't'. 'Can't' and 'won't' are two very different things.
Choosing to use a radio doesn't mean that you're mentally or physically deficient - being unable to use the Internet does. The point (that I guess you were too dense to get) is that all of these people, including yourself, who 'can't' use the Internet actually 'can'. You just 'won't'.
But, whatever. Just keep on about tools that the majority of people are uninterested in using.
So you're assuming that not having a home computer or a broadband connection (or whatever your criteria were) means that they're uninterested in using Internet-based tools to find new music? That's an awfully long reach, there. Try again.
You have twice implied that I do not value music. Not true... I just wish bands would try harder to figure out how to connect with me.
You don't have time to use Pandora, but you do have time to spend replying to posts on Techdirt. You have time to visit record stores, but not to visit Amazon. You willingly use one piece of technology to listen to golden ticket music, but refuse to use any other kind of technology to listen to music because it would take a slight effort on your part.
Yes, I believe that music is very low on your priority list, making you a bad example of a music customer, just as I'm a bad example of an erection drug customer.
When will you purchase music? You've stated repeatedly that you don't even have time to listen to music, except in the car and at work, which are both times when you are presumably occupied and unable to purchase music.
The number of people unable to access music via the Internet in America is minuscule. Sure, lots of people in Haiti can't access the Internet (or clean water, for that matter) but it would be dishonest to include them in a discussion about purchasing music, specifically purchasing 'long tail' music.
And, yes, there are lots of people right here in America who can't use a computer or a mobile telephone to access music via the Internet, and quite a few of them can't do so because they're mentally unable to navigate the technology (and therefore unlikely to purchase music, anyway). This includes toddlers, some seniors, and people who are mentally deficient.
Of course, alot of those people can't use a radio or a CD player either, so I guess they could benefit from the magical music beams, as well.
Even if this weren't true, this whole conversation highlights how many tools there are for musical dissemination. Previously, your friends could only recommend a limited numbers of musicians, mostly made up of golden ticket musicians. Now, your friends have access to more music and more music finders than ever before.
This means its even more likely that your friends are going to be discussing music, and make even more recommendations to you. The tools that you're obstinately refusing to use are still useful to you, and still help you become part of the long tail. Of course, the long tail will function perfectly well without you, and anyone else who prefers magical music beams to the Internet and computer software tools.
If you can't purchase or find new music at work, you 'can't' purchase or find new music at home, and you can't purchase or find new music in the car, then face it. You can't purchase or find new music. You are a tiny minority that, for whatever reason, is choosing not to make music a priority.
To bring up Pandora again, you can listen to Pandora on your mobile phone, using a headset. It's no different than an mp3 player. You can stick a speaker in the same jack, and then it's no different than a radio. There are endless options out there for people who value music. You just don't seem to be one of them.
Now, you can ask musicians to beam magical music into your head if you want, but I'm betting that they're going to stick to the Internet, which reaches many more people than have desktop computers and a broadband connection, including those with mobile telephones, gaming systems, laptops and netbooks, a library, a school, a job with the Internet, a friend with the Internet, or a family member with the Internet.
So... You want musicians to send magic beams into your brain to see if you'll like their music, and then use those same magical beams to project their albums into your head? Because that's about the only things that going to require no time, no effort, and no money on your part.
You have to make an effort, whether you want music, or someone to fix your toilet. Musicians aren't going to come to your door any more than a plumber will come to your door before you make an effort and call them. No matter what service they provide, they're not knocking down your door just to ask if you want what they're selling.
The people who don't look for music on the Internet already have ways to find music. Those ways have been working for years now. The anti-Internet group is decreasing rapidly, and most of them are going to be dead soon enough. Why make brand-new concessions for a shrinking market?
And how do these judges get their jobs? By donating half their brain?
A temporary injunction means that the judge wants time to use his brain and study the issues in this case, including written law and precedent cases. If he had simply ruled in favor of Summit, you could probably make fun, but it doesn't make sense to make fun because the judge wants to take time to study the issue. It's still very possible that he'll come back with the ruling that we want to see.
The people you should be making fun of here are the great minds at Summit Entertainment, who want to punish fans for loving Twilight.
On the post: Finding The Long Tail In Music
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On the post: Should Copyright Holders Pay For Bogus DMCA Takedowns?
Yes.
People go to court with legitimate concerns all the time. If they lose, they have to pay the defendant's legal fees. Thus, the legitimacy of the claim doesn't matter. I have even less sympathy for someone who 'accidentally' begins a legal process.
I also believe that the award should include punitive damages. If it just includes damages and attorney's fees, what's the incentive to not issue the takedown? In alot of these cases, the takedowns have nothing to do with copyright, and everything to do with stifling speech or newsworthy content.
Alot of people and companies would be perfectly willing to shell out a few grand if it means the video will be taken down for a few weeks, and not put back up until all of the fuss is over with.
On the post: Finding The Long Tail In Music
Re: Re: Or not ..
On the post: Finding The Long Tail In Music
Re: Re: Or not ..
On the post: Finding The Long Tail In Music
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I listened to a radio every day at work for years. That doesn't mean that I used the radio for music, or that I didn't use other sources for music. You can say, 'These people are radio listeners and can't possibly be anything else.'. That just doesn't make sense. Radio listenership stats don't have any impact on this discussion.
A broadband report on American homes doesn't have any impact on this discussion, because you don't need broadband in your home to download music. Really, I can't think if a single Internet connection that could stop me from downloading music, including borrowed WiFi. Can you?
The number of people with desktop machines in their home have much impact on this discussion. People who don't have desktops at home may have gaming systems, cell phones, computers at work, the library, school, friends and relatives home... The list goes on endlessly.
Besides, where's the source report for that? Certainly nobody's ever asked me if I have a computer (I have four PCs, a Blackberry, a Wii, a work machine, a netbook, and endless local libraries, schools, friends, and relatives), so how did that polling work again? Somebody just estimated that those homes didn't have machines? Based on WHAT? I don't know, and neither do you, but you didn't link to any studies or any sources for those numbers.
I don't see how anyone with half a brain can look at those numbers and conclude that half of everyone in America are unable to use the Internet to find and purchase music. There's no link. There's no logical inference. It's just 'mindless babbling'.
On the post: Finding The Long Tail In Music
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On the post: Finding The Long Tail In Music
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When people need plumbers, they look for places where plumbers advertise, and pick one. They don't wait until a plumber knocks on the door to advertise that they can fix your broken toilet. Sometimes they do pick one through word of mouth, but it's much more likely that they found them through the Internet or a telephone book. Not magical beams.
A musician is a service provider, like a plumber. Putting the marketing onus entirely on musicians is like waiting for the plumber to knock on your door. The man who doesn't contact the plumber is going to have a broken toilet forever. The man who waits for magical music beams is going to have a limited music collection forever. Someone who is willing to wait obviously doesn't have a fixed toilet or music acquisition very high on their priority list. If it's not a priority for you, that's fine. But you can't blame the plumber or the musician for not showing up at your door.
Yes, musicians do advertise alot. That's what I said. My point was that it's expensive to advertise, and you're asking them to advertise more, with less chance of return, and less profit when they do see a return. It doesn't make sense to spend $100 in advertising in hopes of making $50 in sales. You represent that lost $50. It's not a loss to skip you as a customer - it's a gain.
In other words, you have an overinflated sense of your worth as a customer.
My statement about your claim of willingness to spend more money stands. Your current collection of music is irrelevant. It might show your willingness to spend x amount on music, but it simply doesn't show that you'd be willing to spend several hundred dollars more than x each year.
Now, you haven't answered half of what I've written, about the statistics that you keep spouting with no sources, about how you go from unable to uninterested, and without even fake numbers to back your claims that people don't use the Internet to find music and purchase music.
In fact, you've spent most of your time here being deliberately obtuse, and pulling numbers out of the air. That tells me that you don't really care about finding music; you just wanted to 'win' a discussion. Well, you win, hon. You win as much time without good music as you care to spend. Hooray!
On the post: Finding The Long Tail In Music
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It doesn't really matter, since having your own personal Internet connection that leads to a computer in your home isn't necessary to use the Internet to find and purchase music, but I'm curious.
On the post: Finding The Long Tail In Music
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Yeah, I bet the people who used coal hated electricity... Wait... You mean they loved it for its efficiency, even though it caused a substantial change in behavior? Huh. I guess that your refusal to change means that you're stuck with old, inefficient methods of finding music.
If bands are unable to connect with me, too bad for them.
The exchange goes two ways - too bad for them, and too bad for you. They don't get money and you don't get new music. Putting the onus for marketing entirely on them is silly, and doesn't do you much good, as evidenced by your posts.
After all, your plumber probably doesn't spend very much on advertising. Certainly not as much as you're asking musicians to, and they have much less chance of attracting your attention, and will make much less money when/if they do.
I would willingly spend several hundred dollars per year more on CD's if I found music worth buying.
It seems silly to say that you'd be so willing to spend so much money on music, when you're not willing to spend an ounce of energy or time on music. I very much doubt that you
I sympathize with whatever problems you may be having and wish you the best of luck correcting them.
Wait... Who's dense now?
On the post: Finding The Long Tail In Music
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The amount of time it takes to use Amazon to download a song, and to use Pandora to find one are very similar. If you have time for one, you have time for the other. Regardless, Amazon itself has a very good system for recommending music. If you've purchased music there, you've already started on the path to using the Internet to find music.
The number is not only NOT miniscule, it is about half of all people.
You gave numbers of people who don't have what you call a computer in their home, and who also don't have a connection that you think is capable of downloading music. That's certainly not the same thing as the people who can use the Internet to find and purchase music.
You didn't give numbers of people who use the Internet at cafes, at school, in libraries, at work, at friends homes, at relatives homes, on their telephone, with their gaming system... The list goes on. Your statistics have nothing to do with who's able to use the Internet to find music, so I'm not going to bother with them.
Wow, so the 250 million or so people in the U.S. who listen to the radio are somehow handicapped by age or mental capability.
You've gone on and on about how many people can't use the Internet to find music. That's incredibly incorrect. People can choose not to use the Internet, but that doesn't mean that they 'can't'. 'Can't' and 'won't' are two very different things.
Choosing to use a radio doesn't mean that you're mentally or physically deficient - being unable to use the Internet does. The point (that I guess you were too dense to get) is that all of these people, including yourself, who 'can't' use the Internet actually 'can'. You just 'won't'.
But, whatever. Just keep on about tools that the majority of people are uninterested in using.
So you're assuming that not having a home computer or a broadband connection (or whatever your criteria were) means that they're uninterested in using Internet-based tools to find new music? That's an awfully long reach, there. Try again.
On the post: Finding The Long Tail In Music
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You don't have time to use Pandora, but you do have time to spend replying to posts on Techdirt. You have time to visit record stores, but not to visit Amazon. You willingly use one piece of technology to listen to golden ticket music, but refuse to use any other kind of technology to listen to music because it would take a slight effort on your part.
Yes, I believe that music is very low on your priority list, making you a bad example of a music customer, just as I'm a bad example of an erection drug customer.
On the post: Finding The Long Tail In Music
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The number of people unable to access music via the Internet in America is minuscule. Sure, lots of people in Haiti can't access the Internet (or clean water, for that matter) but it would be dishonest to include them in a discussion about purchasing music, specifically purchasing 'long tail' music.
And, yes, there are lots of people right here in America who can't use a computer or a mobile telephone to access music via the Internet, and quite a few of them can't do so because they're mentally unable to navigate the technology (and therefore unlikely to purchase music, anyway). This includes toddlers, some seniors, and people who are mentally deficient.
Of course, alot of those people can't use a radio or a CD player either, so I guess they could benefit from the magical music beams, as well.
Even if this weren't true, this whole conversation highlights how many tools there are for musical dissemination. Previously, your friends could only recommend a limited numbers of musicians, mostly made up of golden ticket musicians. Now, your friends have access to more music and more music finders than ever before.
This means its even more likely that your friends are going to be discussing music, and make even more recommendations to you. The tools that you're obstinately refusing to use are still useful to you, and still help you become part of the long tail. Of course, the long tail will function perfectly well without you, and anyone else who prefers magical music beams to the Internet and computer software tools.
On the post: Finding The Long Tail In Music
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To bring up Pandora again, you can listen to Pandora on your mobile phone, using a headset. It's no different than an mp3 player. You can stick a speaker in the same jack, and then it's no different than a radio. There are endless options out there for people who value music. You just don't seem to be one of them.
Now, you can ask musicians to beam magical music into your head if you want, but I'm betting that they're going to stick to the Internet, which reaches many more people than have desktop computers and a broadband connection, including those with mobile telephones, gaming systems, laptops and netbooks, a library, a school, a job with the Internet, a friend with the Internet, or a family member with the Internet.
On the post: Finding The Long Tail In Music
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On the post: Finding The Long Tail In Music
Re: Re: Sadly, Silverman appears to have a good point...
On the post: Finding The Long Tail In Music
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You have to make an effort, whether you want music, or someone to fix your toilet. Musicians aren't going to come to your door any more than a plumber will come to your door before you make an effort and call them. No matter what service they provide, they're not knocking down your door just to ask if you want what they're selling.
The people who don't look for music on the Internet already have ways to find music. Those ways have been working for years now. The anti-Internet group is decreasing rapidly, and most of them are going to be dead soon enough. Why make brand-new concessions for a shrinking market?
On the post: Finding The Long Tail In Music
Re: Re: Sadly, Silverman appears to have a good point...
To those who don't know, Amazon offers a ton of free music downloads.
On the post: Finding The Long Tail In Music
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On the post: Finding The Long Tail In Music
As Paris Hilton now knows, to her distress.
On the post: Summit Entertainment Shuts Down Twilight Fanzine For Infringement
Re: So...
A temporary injunction means that the judge wants time to use his brain and study the issues in this case, including written law and precedent cases. If he had simply ruled in favor of Summit, you could probably make fun, but it doesn't make sense to make fun because the judge wants to take time to study the issue. It's still very possible that he'll come back with the ruling that we want to see.
The people you should be making fun of here are the great minds at Summit Entertainment, who want to punish fans for loving Twilight.
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