Andy on the Road

3 October 2009

Mojo Nixon to put entire catalogue online, for free

Filed under: copyleft, huh., intellectual property, music, seriesoftubes — Andy @ 2:40 pm

(Mojo, as captured by Flickr user kathyp.)

Digital Music News is reporting today that psychobilly legend Mojo Nixon is going to release his entire catalogue – over 150 songs – online for free download, alongside the debut of his latest album, Whiskey Rebellion (also free).

DMN:

“I’m just the kind of crazy person to do it,” Mojo told Digital Music News in a phone conversation.  “What do I have to lose?  I’ll make make more money off of this in the long run.” […] The Orchard is now preparing an official release on the matter, pending various executive approvals.  “Getting all 150 tracks, that might be like having a bacon sandwich with sausage on it.  It’s like chocolate ice cream with chocolate syrup,” Mojo shared. [Link added for reference.]

I don’t put this up here suggesting this is the way to go for everybody.  Indeed, Mojo’s 1980s releases on Restless Records might cause The Orchard some trouble during those “executive approvals.” Restless would probably be more into getting their catalogue out there for free before they were bought out by WMG.  Nevertheless, it’s a fascinating step, and something to talk about during the Future of Music Coalition Policy Summit over the next few days.

21 September 2009

Help Gretchen land an internship at Full Sail!

Filed under: friendsromanscountrymen, oyez, seriesoftubes — Andy @ 9:21 pm

Meet Gretchen, and the cause she is fighting for:

Gretchen is participating in a contest put together by TravelOregon.com, which is offering a series of “Cuisinternships” to the candidates with the most convincing pitches via YouTube movie.  Gretchen is participating for a chance to win a week-long brewmaster internship at the very excellent Full Sail brewery in Mt. Hood. While the final candidate will be picked by those running the program, a “people’s choice” pick – selected as the video with the most positive ratings – will win a basket of goodies. Besides, a boost in the rankings may attract that all-important attention from the Full Sail crew that lands her the gig.

Gretchen is a brilliant scientist and brews some mighty tasty beers. (She is also my girlfriend, but I would say that about her even if she weren’t.)  She talks about beer the same way I talk about music and intellectual property. You should really help her land at a spot where she can hone her craft.

So come on all you craft beer lovers out there: click here to go to the YouTube page for the video, and give that movie a good rating. Spread the word!

27 July 2009

The State of Music Reviewing

Filed under: huh., music, seriesoftubes — Andy @ 10:15 pm

The blog Aritsts Paid posted up a video of Rolling Stone and Village Voice music critic Christopher R. Weingarten, speaking at a web/twitter conference in New York this past June.  He argues that crowdsourcing and amateur music blogging has killed popular music:

(Not suitable for work, or for the kiddies.)

With the obvious grain-of-salt caution that this is a Rolling Stone writer complaining about how amateur reviewing has undercut his professional usefulness, Weingarten raises an interesting point. Before the Internet, music reviewers would dish out opinions from up on high.  Their opinions were respected (if not agreed to).  When the Internet first began to spread, music websites kept up this tradition of, as he puts it, separating wheat from the chaff.  But with the advent of the amateur music blog (*ahem*) we switched from parting the waters in music to opening the firehoses.  As Weingarten puts it, it was like a sprinkler, with opinions and MP3s flying everywhere.

On top of this, the one edge “professional” reviewers had for years was the coveted “advance” copy of records: even if consumers didn’t care what people like Weingarten were saying about bands, at least they could scoop us bloggers out here.  Nowadays record labels seem to run their organizations about as watertight as a swiss-cheese submarine, and albums are leaked well in advance of promotional distribution.

At the meat of his speech – around the 7-minute mark – he argues “crowd sourcing killed music” because “people have terrible taste,” and, “if you let people decide what good music is, nothing different or adventurous gets out.”  Weingarten says this trend lead to professional music critics being forced to review bands that are popular instead of bands that are “good,” and a close-minded online listening world (“I only listen to X music and thus I have no idea about Y”).  His solution: spend less time saying online that “I like this music” and start saying why you like different music.  In other words, don’t get so caught up in consensus.  Advocate for the bands you love, and disagree about it.  Practicing what he preaches, his uses his Twitter account to review albums at a breakneck rate, injecting a great deal of “why” into his reviews and keeping pace with the amateur reviewers.

He spends a while complaining that music is “rising to the middle” and popular interest leads to an overabundance of mediocre, mass-appeal bands (citing the current indie rock world as his major case study), which the music world is compelled to review to feed the “click-economy” and get the all-important hits.  While I agree that there are far too many mediocre bands out there, I don’t think that’s the online music world is as dire as he claims.  While Weingarten spends some time talking about the stratification of music consumption (people getting more narrow and closed-minded about listening), he neglects to mention is a duplet characteristic of online music writing: (1) there are a lot of music blogs/twitters/online sources that write about different music online, and (2) many people are diverse in reading blogs.  It doesn’t follow that because music websites are narrow music listeners are too.  Sure, there are blogs like Detailed Twang which focus heavily on a specific genre (to wit, bluesy garage rock and proto-punk), and I read that Detailed Twang for that purpose, but that’s just one music blog in a personal arsenal that I use to keep up with music. Speaking from anecdotal evidence, people tend to diversify their niche sources.

Some people will be closed-minded about music, but that’s no different than listening to Top-40 radio for one’s entire life.  (And I never subscribed to this axiomatic inquiry the because you don’t listen to weird music you are less of a music. I respect objective music fandom above any subjective taste.)  While Weingarten is right about there being a lot of derivative, Pixies-meets-Death-Cab-at-a-party-for-Pinback bands out there, there are also troves of unique and interesting music blogs talking about quality artists.  Save for maybe the late 1960s, I don’t think fringe music fans like us have ever been happy with what’s in the mainstream, be it on radio or in major music blogs.

There’s a certain degree of “physician, heal thyself” sentiment I feel towards Weingarten, but that’s likely misplaced.  I know that he’s not the one that selects which bands to review in Rolling Stone, and I know that precious few places can afford a good music critic (and he is a good critic).  The belt-tightening and corner-cutting of the industry forces most national music magazines to go for quantity of sales over quality of writing.  What we have here is the cost of national distribution.  If Rolling Stone plans to be a magazine with broad appeal, its writers can’t act surprised when they focus on music with broad appeal, “crowdsourced” from the Internet.  While I wholeheartedly share in his dismay of writers being replaced by blogs, there’s an inherent circularity to Weingarten’s central argument about crowdsourcing.  Crowdsourcing by definition seeks information mass of people; the bands that someone finds from such a search will almost by definition mass-appeal.

Critique aside, I do sympathize with Weingarten and other experienced, professional music reviewers.  Were there a place (online or offline) where we congregated and compiled our Lester Bangs protégés I would certainly open my wallet to it.  For now, I suppose the best we can do is promise to each other that we’ll argue viciously over bands and strive not for consensus, but diversity.

17 July 2009

Twitter Security Breach

Filed under: Berkman, friendsromanscountrymen, knowyourrights, seriesoftubes — Andy @ 8:00 am

Two articles stand out as great reads on the Twitter Security Breach debacle:

  • Sam Bayard from the Citizen Media Law Project discusses the constitutional right to publish hacked documents here. The analysis here draws on many of the same cases Sam and I used in an amicus brief sent by CMLP and the Cyberlaw Clinic to the Supreme Court of New Hampshire about a month ago.
  • Journalism professor and tech pioneer Dan Gilmor takes Sam’s analysis and adds his own spin, coming right to the point on the merits of how Michael Arrington and TechCrunch are handling the breach.

9 July 2009

Thursday morning humor

Filed under: laughs, seriesoftubes — Andy @ 7:12 am

twitter

Care of Dan Piraro’s Bizzaro comic strip and Blondes Not Bombs.

7 July 2009

Thrill-arsis

Filed under: huh., music, seriesoftubes, theroad — Andy @ 5:52 pm

There’s more to write about Michael Jackson – the will and its deep-in-the-music-industry executors, Internet music sales records set and broken this past week care of Jackson, how monoculture will change after his passing – but I’m done.  I think this story has been blogged to death.  I’ll end with the weirdest two stories on this topic: one, care of BoingBoing, that They Saved MJ’s Brain, and two, care of WFMU, on the worst eBay cash-in imaginable.

24 June 2009

Citizen Media Law Project and Reporter’s Committee for Freedom of the Press file amicus brief in New Hampshire Supreme Court Case

Filed under: Berkman, oyez, seriesoftubes, thecommonlaw — Andy @ 7:48 am

I don’t typically cross over my work with this blog, but I wanted to share this press release regarding an amicus brief I drafted with the CMLP and RCFP. I’ve added a few links to ease navigation.

Cambridge, MA – June 23, 2009 – The Citizen Media Law Project (CMLP), assisted by Harvard Law School’s Cyberlaw Clinic, urged the New Hampshire Supreme Court to defend the First Amendment rights of a website that covers mortgage industry news.

The CMLP, in conjunction with the Reporters Committee for Freedom of the Press (RCFP) and with the assistance of local counsel Paul Apple of Drummond Woodsum & MacMahon in Portsmouth, NH, submitted an amicus curiae brief (PDF) in the case of The Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc. The case involves Implode-Explode Heavy Industries, Inc., which runs a mortgage industry website that posted a New Hampshire Banking Department document, obtained from an anonymous source.  That document described certain business practices of the Mortgage Specialists, Inc., a lending company under investigation in New Hampshire and Massachusetts.  After the mortgage company discovered the disclosure, it sued the website, demanding that the document be removed and that the anonymous source be identified.  The Rockingham County Superior Court granted these requests (PDF), and the case is presently on appeal.

In their brief, the amici focused on a series of cases in which courts permitted the publication of confidential or controversial documents – from the U.S. Supreme Court in the famed Pentagon Papers case through recent cases involving recorded cell phone conversations and videos of police searches posted onlineAmici also provided extensive caselaw support for the proposition that anonymous news sources should be protected.

The amici urged the New Hampshire Supreme Court to carefully consider the harm the Superior Court’s ruling would have on freedom of the press, noting in their brief that the publication of this document “is not unlawful in New Hampshire, and, even if it were, would nevertheless be fully protected speech under the First Amendment.”  In addition, amici asked the Supreme Court to apply New Hampshire’s qualified reporter’s privilege to protect the identity of its source, noting “[i]t is the function of an organization, not the medium of publication, which defines it as worthy of a journalist’s privilege.”

The CMLP was represented on the brief by the Cyberlaw Clinic.  The CMLP and the Cyberlaw Clinic are both based at Harvard University’s Berkman Center for Internet & Society, an organization dedicated to studying the development of cyberspace.  Andy Sellars, a Cyberlaw Clinic summer intern and student at The George Washington University Law School in Washington, DC, drafted the brief alongside CMLP Assistant Director Sam Bayard, Cyberlaw Clinical Fellow Christopher Bavitz, and RCFP Legal Fellow Samantha Fredrickson.

“It was a great privilege to work with the CMLP and RCFP on this important issue,” Sellars said.  “We hope the New Hampshire Supreme Court will carefully weigh the First Amendment rights at stake in this case.”

For more, see the CMLP and RCFP press releases on the subject, as well as Sam Bayard’s blog post from April.

17 June 2009

Tim Hwang on Internet Memes

Filed under: Berkman, friendsromanscountrymen, laughs, seriesoftubes — Andy @ 5:45 pm

As part of the Ignite show (a bureau within the O’Reilly media franchise), Berkman Center compatriot Tim Hwang did a 5-minute, 20-slide talk on the spread of Internet memes. He’s one of the only academic minds seriously studying the RickRoll, LOLCats, Three Wolf Moon, Keyboard Cat, Xzibit, or any of the other strange Internet phenomena. The structure of the talk prevented deep, quantitative analysis, but Tim still manages to throw in a little bit of data, cut with a whole lot of e-mirth. Check it out:

Be sure to read/see more from Tim in the U.S. Bureau of Fabulous Bitches, Broseph Stalin, or the Tim and Diana Show.

24 May 2009

Quick update: /. says Last.fm did in fact give up users to the RIAA (but they didn’t want to)

Filed under: RIAA-WTF, followup, seriesoftubes — Andy @ 10:20 pm

Update 6/3 - As that “grain of salt” warning suggested, Ars Technica posted on Monday 6/1 that that last.fm denies this in the clearest terms possible:

As a result, Last.fm’s Russ Garrett has issued a strongly worded denial on Last.fm’s forums. “That particular data is controlled tightly inside Last.fm and is only stored for a short period of time. Any request for such data would have to be approved by myself first. The suggestion that CBS’s ops team provided this data is just not possible—Last.fm operates as a separate entity and their operations staff do not have access to our system,” Garrett said. “It really seems like someone is trying to slander us here.” In another post, Garrett clarified that Last.fm has never given data linking IPs to scrobbles to any third party or to CBS, for that matter.

This doesn’t really change my analysis below as to whether they could do such things without violating the Privacy Policy for the website, but it certainly should allow last.fm users to breath a sigh of relief.

Original post below…

All of this is done with anonymous sources, so take it with a grain of salt, but /. contributor “suraj.sun” says TechCrunch, the party responsible for breaking the Last.fm-gives-up-users-to-the-RIAA story in February, now has released another story claiming additional sources have confirmed that Last.fm data was leaked to the RIAA, by way of parent company CBS:

Here’s what we believe happened: CBS requested user data from Last.fm, including user name and IP address. CBS wanted the data to comply with a RIAA request but told Last.fm the data was going to be used for “internal use only.” It was only after the data was sent to CBS that Last.fm discovered the real reason for the request. Last.fm staffers were outraged, say our sources, but the data had already been sent to the RIAA.

I documented the initial leak back in February, and I noted how impractical it would be to try and base an infringement claim on Last.fm data. It seems TorrentFreak agrees with that conclusion. I still am very skeptical that this happened, but given what we’ve seen from the RIAA over the past few months I’m more inclined to believe the RIAA would try this, as part of their “kitchen-sink” strategy for litigation.

TechCrunch also argues in the link above that such disclosure would violate Last.fm’s own Privacy Policy. I assume the part they mean is…

Certain third party individuals or organisations may have access to your personal information (excluding your email contact information) via Last.fm’s API and webservices or as a result of agreements between Last.fm and its preferred partners. (However, you should be aware that if you provide your e-mail contact information and/or username directly to any such third parties, they may use your information for their own purposes.) Such partners may use such information for their own purposes, which may be either commercial or non-commercial in nature and which may include targeted advertising or direct marketing. These third parties may be based in the United Kingdom or elsewhere (including outside of the EEA). [Emphasis added; British spellings in original]

…paired with this:

We believe in privacy and therefore will take all reasonable measures to ensure that your personally identifiable information remains private. However, in the event that we are required to disclose personally identifiable information by a court, the police or other law enforcement bodies for their investigations, regulation or other governmental authority we will make such a disclosure without being in violation of this Policy.

Assumedly, TechCrunch is arguing that Last.fm lists mandatory disclosure to “a court, the police, or other law enforcement bodies” at the exclusion of other interested third parties (to wit, the RIAA). As Last.fm promises not to give up your “email contact information,” this would mean a personally identifying disclosure to someone who is not a court or the police would be off limits acording to the Privacy Policy. However, you also see this clause…

We collect data regarding the users of Last.fm, including: (i) The Internet Protocol (IP) address of the user’s computer. This may or may not be associated with a particular Internet Service Provider (ISP); (ii) The referring URL, if any; (iii) The browser software identification (i.e. the brand and version of your browser software).

… and it makes no mention as to whether or not the IP address is part of the “personal information” which Last.fm makes available to third parties. So, by disclosing the IP address and not the email, CBS/Last.fm could still give up info to the RIAA and not violate the Policy.

(When I posted about this a couple months ago I also got into a quasi-fight with one Jonty Wareing of Last.fm, who thought I was doubting his existence. Jonty? You still read this? Want to comment on this story?)

17 May 2009

Dark Night of the Soul

Filed under: RIAA-WTF, huh., missingthepoint, music, seriesoftubes — Andy @ 1:39 pm

(Sparklehorse, from Flickr user broma)

Hello again, folks. My transition into summer has left me with little time for blogging. This is a shame, as always, as there has been a veritable eruption of news in areas about which I love to write. I hope to post up a couple more heady things on current IP affairs over the next few days. In the meantime, I wanted to make sure you all heard the news regarding the new Sparklehorse/Danger Mouse album.

This collaboration is the materialization of a rumor that has been around for years. Danger Mouse helped Sparklehorse on some tracks in 2006’s Dreamt for Light Years in the Belly of a Mountain, and Sparklehorse’s artistic center, Mark Linkous, had cryptically mentioned a more formal collaboration in several interviews since that time. In early April Pichfork noted that the longstanding rumor looked to be true, and what’s more, they were bringing a tour de force of guest artists, including Black Francis (of the Pixies), James Mercer (of the Shins), The Flaming Lips, Scott Spillane (of Neutral Milk Hotel and The Gerbils), Vic Chesnut, and Iggy Pop. Early this month we learned more: the project, called Dark Night of the Soul, is not exactly an album, but rather a multimedia series which you can explore in the link above. The album/book, indeed featuring all of the artists mentioned, was slated for release later this month, with an art installation in LA debuting May 30th to highlight some of the works and showcase some media created by the one and only David Lynch to accompany the music.

As of last week the indie rock world was buzzing in anticipation of this pending, star-studded album. But then, on Friday, Billboard announced that the album was “scrapped” due to “unspecified legal issues with EMI.” This puts the parties involved in a very awkward situation, as on May 7th the album was leaked, and earlier on Friday NPR began streaming the album as part of an exclusive first-listen series. As Idolator and Boing Boing and many others have since reported, also on Friday (and the timing of all of these events is very unclear for those who just got all these news stories in an RSS-feed dump), Danger Mouse and others decided to release the album as a blank CD-R with the full booklet and a label disclaiming “For Legal Reasons, enclosed CD-R contains no music. Use it as you will.” In subtext, it sounds as if Danger Mouse is going to rely on the same filesharing architecture which made him world famous in 2003 to help spread his latest project.

It’s hard to comment on this until details about the legal issues around this album come to light. For what it’s worth, my guess is that it has to do with appearance rights for one of the guest artists. Often times as part of a larger record deal an artist will promise not to appear on other record labels’ albums without prior approval from their record affiliate. This is only a guess, however, and we’ll have to see in time what is the actual problem at issue here. Certainly the blank CD-R move is a pretty clever stunt, and probably helps drum up some publicity for the album, but an album with this lineup needs no large publicity push and Danger Mouse doesn’t exactly need to do anything to prove his anti-RIAA stance and thus earn fans in the college age, tech-driven demographic. However, equally apparent is the fact that people are not going to come out in equal volumes to buy an album containg a blank CD. It’s hard to remember sometimes, but there are many millions of music consumers out there that do not follow the web and its affairs as thoroughly as us, and without knowing the backstory behind this album they aren’t going to buy up the guy from Gnarls Barkley’s latest spinoff project unless the CD actually has the audio on it. Besides, unless this “legal issue” has to do with one’s exposure to further liability from a third party (e.g. EMI is preventing Danger Mouse from releasing this because EMI might then get sued by company X for whatever reason), all involved would probably be better off if they simply allowed the album to be relased. It seems as though those who seek to scrap the album have never heard the old expression about trying to unring a bell. At this point the album will never disappear, any damage is likely done, and whoever is holding this up likely has little to lose and everything to gain going forward.

The NPR stream is still live, and I encourage everybody to listen here. I’ve been listening while writing this, and I love it. Danger Mouse’s influence I clearly felt, and his signature presence does much to unearth the broody layers that have made Sparklehorse one of my favorite bands for years (Good Morning Spider is without a doubt a desert-island record for me). Hearing so many familiar voices, with songs tied together by Sparklehorse’s instrumention, is beautiful accompaniment for this quiet Sunday afternoon. Let’s hope the parties involved can work through whatever’s keeping this from having a full release and give this work the full commercial benefit it is most certainly due.

Next Page »

Blog at WordPress.com.