Potential Blog Problem? Hopefully not...

Blog administrators - please see below. Shouldn't be a problem for us, but maybe it's something we should be aware of.

Tom


Free Association: Sound of Silence
By Larisa Mann, November 28, 2008

from wiretap.org
Music bloggers beware: Your posts could vanish without warning.


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Music blogs are engines for fandom, DJ culture and music making. They range from websites featuring news, links and commentary run by individual fans, to label-run sites promoting similar sounds and scenes. Music blogs may also include producer coalitions that promote music as part of an ongoing culture of participation. Finally, there are blog aggregators that report on what's hot and online music magazines with formal articles that include links to the music that they discuss. Many feature actual streaming or downloadable audio files that allow the reader to hear what all the fuss is about.

At minimum, a music blog might consist of basic lists or links to hot or obscure tunes, like a mixtape or playlist. But at maximum, many blogs provide fascinating context for the music they post, from scholarly analysis on a particular music element to a devoted fan's impassioned history of a tiny subgenre, or even a wide-ranging set of thoughts on a musical theme.

Although blogs serve various creative purposes, they are above all social spheres. By posting links, entries and search functions, music blogs promote and embody a lively culture of interaction. Music blogs can also help artists. One anonymous blogger points out, "People like myself discover new music through these blogs, which often leads to album purchases, and even more often to support of the artist's concerts, merchandise, etc." Other blogs focused on DJ culture have new electronic artists post their work for feedback -- an important step in developing artists and music scenes.

Missing Links

But now posts are disappearing. The trigger for deletion appears to be MP3 audio file links that possibly violate copyright law. However, many blog sites go far beyond simple link lists, including commentary, images and bloggers' own creative work alongside music. The blogger's original work, also covered by copyright law, often disappears along with the problematic link.

Apparently, some people's intellectual property matters more than others!

Even stranger, some deleted links were given to bloggers by artists and labels explicitly for promotional purposes. As another anonymous blogger told me, "On the one hand record companies use blogs to help them sell records, and on the other hand, persecute blogs for it."

It also seems that one branch of the music industry doesn't know what the other one is doing. Linda, author of a small Southern California-based music blog, explains,


"I e-mailed my contact at the label of a band for whom I wrote an album review that was deleted. I told him which songs I posted and asked if I had done something that prompted the label to request a takedown. He denied that the label would have done that. I e-mailed another contact at a PR (public relations) firm regarding another album review that was deleted. The PR had sent me the album to review! They denied having any part in a takedown."

The Google-owned blog-publishing system, Blogger, has e-mailed bloggers after the fact, informing them that their posts were taken down because they contained a link to material Blogger has learned infringes copyright. But in other cases, entire posts have disappeared with no communication. Most bloggers have not been told which link in a multiple-link post is problematic.

When Blogger has notified music bloggers, they've cited the Digital Millennium Copyright Act (DMCA), an unwieldy mishmash of compromises between the content and tech industries. The DMCA is supposed to protect middleman technology companies like Google ("Internet Service Providers" or ISPs) from lawsuits over what their users do. To avoid lawsuits over content that users post, ISPs must not create or edit content but simply host it, and must take down content when an owner says it infringes their copyright.

Bloggers can technically use the DMCA to fight back if they think their use is legal, by filing a counter-notification. In the best scenario, this would mean the copyright holders and the people who upload copyrighted content can duke out the issue themselves while the ISPs stay out of it.

However, Blogger hasn't given bloggers the tools they need to defend themselves. Counter-notification can only happen after Blogger registers takedowns online. But, as Linda pointed out, since Blogger has not yet registered any complaints, "There is nothing for me to 'counter'. I have no idea who I have offended or how."

Blogger's own code of conduct says, "If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification." Since when is no notice a good-faith effort?

Even if Blogger complied with its own policy and the DMCA, that might not be enough. Linda points out the asymmetry of the legal battle: "The direction[s] for filing a counter-notification includes agreeing to pay all legal fees if I am found in the wrong. Without knowing what I am defending myself against, how can I possibly agree to such terms? Is it realistic for me, someone whose blog earns no money, to retain a lawyer?"

The system is biased in favor of those with plenty of cash and their own lawyers on staff. Luckily, in the US, we have a legal defense that would cover many music blogs -- at least those that discuss, educate, criticize and comment. These could qualify for fair use protection, which does allow people to make use without permission of copyrighted works in ways that benefit society.

Although many bloggers, DJs and musicians I spoke with said that some blogs don't play fair, they all emphasized the overall benefit that music blogs provide to artists and the public. "There will always be pirates," said one blogger, label owner, producer and DJ. "File-sharing, mash-ups, and DJ mixes are all part of a huge explosion of musical creativity. We're living in a time in which people are exposed to more new music than ever before and it's the free flow of information that's driving this push forward."

Unfortunately, it looks like Blogger may have made a private deal with content owners to automatically remove posts that owners complain about, rather than going through a transparent process with room for discussion. While this may not be illegal (although we should be concerned about the effect on our fair use rights), this is exactly why we can't trust private companies to administer our culture fairly: They can make deals with other private companies without public input.

And why should we trust the content industry to make the rules when it doesn't play fair? There's a long history of baseless and debatable copyright complaints. If these companies have Blogger's ear and don't consider input from the public or users, they can basically define our access to works with no accountability.

What About Author's Rights?

Worse yet is the fact that music bloggers' own original material is being deleted. Even if some links in a post are not fair use, two wrongs don't make a right. Google has made its name by promising to do right by its users and the data they host for the public. If they keep deleting our own creative works, why should the public trust them?

Blogger is a private company, but it provides public services similar to those offered by libraries, archives and broadcasting. It's a growing problem in the internet era: These private companies, controlled only by private law, have the ability to run their businesses with little or no respect for the public.

Google recently made a deal with book publishers over access to scanned books for Google Book Search. We have to be vigilant that they don't snub the reading public the way they are currently dissing the listening, writing and remixing public on Blogger.

(Author's Note: Only one blogger agreed to be identified for this column. Others say they are concerned about being further targeted. So much for "Don't Be Evil"!)

Larisa Mann writes about technology, media and law for WireTap, studies Jurisprudence and Social Policy at U.C. Berkeley and djs under the name Ripley. She is a resident DJ at Surya Dub, San Francisco, and collaborates with the Riddim Method blog-DJ-academic crew, Havocsound sound system, and various other cross-fertilizing organisms in the Bay Area and worldwide.

Stand By Me...

Now this is what it's all about!

A Happy and Healthy Thanksgiving, full of love, to everyone.

:~)

More Tapes!

The well apparently isn't dry yet. In the last few weeks I have received 7 reel-to-reel tapes of KDKB in the mid-1970s courtesy of Dan Griffin of Mesa, and 3 CD's of early-to-middle 1970s KDKB courtesy of Bob Gately of Morristown. I haven't listened to the tapes yet, and the CD's are badly damaged but POSSIBLY salvageable. (I don't know if the tapes that the CD's were originally made from still exist or not.) Also in the pipeline are another KCAC tape from 1970 or 1971 and a three-hour show by Toad Hall on KSLX, April 16, 1988.

Those of you who have received the DVD containing 55 hours of KCAC audio... did the discs play OK in your computer? A couple of bum discs may have slipped through the cracks, so if you can't get yours to play just let me know and I'll mail you a replacement.

Tom

Hola! Looking for Troy and don't miss the party!

Hola! That was actually the first word in an audition for a Taco Time commercial that I sent in yesterday. Don't know if I'll get the job, but it's nice to know that they're still asking for auditions! Anyway, the other day Kent Usry asked me whether I knew where Troy Irvine might be found, since Kent had run into a mutual friend from way back when. I sent out an APB email and got lots of interesting answers. First, that Troy was last seen leaving the ranch in Castle Hot Springs where Bob Gately is hanging out these days in "an extremely paranoid state" to quote Bob. So if you see Troy tell him to contact Kent Usry, or me, or reality. The other result of the mass missive was replies from all kinds of interesting people who did not know of Troy's whereabouts, but just wanted to say hi. Includng Tom Marrs, who remembers me better than I remember him to be honest, mostly because even at a young age I looked like Mark Twain. Still do, I guess. Anyway, Tom sent a photo and he looks much better that Sam Clemens. He also is the manager of the Icehouse, one of the leading spots in the growth of the First Friday art movement. He and others are headed to the Rhythm Room this evening (Sat 11/15) starting around 6:30 for a gathering of friends of video guy Joel Samuel, who has posted lots of great video on You Tube of old Phoenix musicians. Unfortunately I will not be able to attend, since it's my niece's 16th birthday and family comes first.

EXCERPT FROM INVITE: "One week from today (Nov 15th) I will be back in Phoenix for my Party @ the Rhythm Room.
The time is from 6:00 pm to 8:00 pm and I really hope you can attend. Make it a point to show up and say hello.
At all my previous events I never had the time to participate in the party because I was running around producing the event.
Capturing the video was always so important to me and at the same time one of my greatest obstacles.
I was so busy producing that I may not have had time for friends who showed up specifically for me, so this will be a chance to visit.
Coming with me to Arizona is a very special person in my life; someone who inspired me to finish & create my archives and give it to the world free on
http://www.youtube.com/joelsamuelpresents

So make it if you can, and check out Joel's videos for sure. And stop by the Icehouse on W. Jackson downtown and say hello to Tom Marrs. And if you like Christmas music, tune in 99.9 KEZ . Adios, Marty

Photo of Tom

BRING IT ON, OBAMA STYLE

Bring On the Puppy and the Rookie
By MAUREEN DOWD, OP ED
Copyright: New York Times Newspaper
November 5, 2008

I walked over to the White House Tuesday night and leaned against the fence. How can such a lovely house make so many of its inhabitants nuts? There was no U-Haul in the driveway. I don’t know if W. was inside talking to the portraits on the wall. Or if the portraits can vanish from their frames, as at Hogwarts Academy, to escape if W. is pestering them about his legacy.

The Obama girls, with their oodles of charm, will soon be moving in with their goldendoodle or some other fetching puppy, and they seem like the kind of kids who could have fun there, prowling around with their history-loving father.

I had been amazed during the campaign — not by the covert racism about Barack Obama and not by Hillary Clinton’s subtext when she insisted to super delegates: “He can’t win.” But I had been astonished by the overt willingness of some people who didn’t mind being quoted by name in The New York Times saying vile stuff, that a President Obama would turn the Rose Garden into a watermelon patch, that he’d have barbeques on the front lawn, that he’d make the White House the Black House.

Actually, the elegant and disciplined Obama, who is not descended from the central African-American experience but who has nonetheless embraced it and been embraced by it, has the chance to make the White House pristine again.

I grew up here, and I love all the monuments filled with the capital’s ghosts. I hate the thought that terrorists might target them again. But the monuments have lost their luminescence in recent years.

How could the White House be classy when the Clinton's were turning it into Motel 1600 for fund-raising, when Bill Clinton was using it for trysts with an intern and when he plunked a seven-seat hot tub with two Moto-Massager jets on the lawn?

How could the White House be inspiring when W. and Cheney were inside making torture and domestic spying legal, fooling Americans by cooking up warped evidence for war and scheming how to further enrich their buddies in the oil and gas industry?

How could the Lincoln Memorial — “With malice toward none; with charity for all” — be as moving if the black neighborhoods of a charming American city were left to drown while the president mountain-biked?

How can the National Archives, home of the Constitution, be as momentous if the president and vice president spend their days redacting the Constitution?

How can the black marble V of the Vietnam Memorial have power when those in power repeat the mistake of Vietnam?

How can the Capitol, where my dad proudly worked for so many years, hold its allure when the occupants have spent their days — and years — bickering and scoring petty political points instead of stopping White House chicanery and taking on risky big issues?

How can the F.D.R. Memorial along the Tidal Basin be an uplifting trip to the past when the bronze statue of five stooped men in a bread line and the words of F.D.R.’s second inaugural — “I see one-third of a nation ill-housed, ill-clad and ill-nourished” — evokes the depressing present?

Obama may be in over his head. Or he may be heading for his own monument one day. His somber speech in the dark Chicago night was stark and simple and showed that he sees what he’s up against. There was a heaviness in his demeanor, as if he already had taken on the isolation and “splendid misery,” as Jefferson called it, of the office he’d won only moments before. Americans all over the place were jumping for joy, including the block I had been on in front of the White House, where they were singing: “Na, na, na, na. Hey, hey, hey. Goodbye.”

In the midst of such a phenomenal, fizzy victory overcoming so many doubts and crazy attacks and even his own middle name, Obama stood alone. He rejected the Democratic kumbaya moment of having your broad coalition on stage with you, as he talked about how everyone would have to pull together and “resist the temptation to fall back on the same partisanship and pettiness and immaturity that has poisoned our politics for so long.”

He professed “humility,” but we’d heard that before from W., and look what happened there.Promising to also be president for those who opposed him, Obama quoted Lincoln, his political idol and the man who ended slavery: “We are not enemies, but friends — though passion may have strained it must not break our bonds of affection.”

There have been many awful mistakes made in this country. But now we have another chance.

As we start fresh with a constitutional law professor and senator from the Land of Lincoln, the Lincoln Memorial might be getting its gleam back. I may have to celebrate by going over there and climbing up into Abe’s lap.

It’s a $50 fine. But it’d be worth it.

MAUREEN DOWD
OP ED COLUMNIST
NEW YORK TIMES

James Taylor checks in

I liked this. James Taylor at a concert in North Carolina just two weeks ago, playing a quiet "America The Beautiful" and talking about the "movement" that he's seeing around the Obama campaign. “This represents an awakening of a spirit of responsibility and engagement that’s been missing for such a long time. And it’s really time for us to get back down to work.” Nice to see you again, JT.