Friday, November 24, 2017

Supreme Court Will Decide if ISP Can Charge Money to Expose Pirates | TorrentFreak

Movie studio Voltage Pictures is no stranger to suing BitTorrent users.

The company has filed numerous lawsuits against alleged pirates in the United States, Europe, Canada and Australia, and is estimated to have made a lot of money doing so.

Voltage and other copyright holders who initiate these cases generally rely on IP addresses as evidence. This information is collected from BitTorrent swarms and linked to an ISP using an IP-database.

With this information in hand, they then ask the courts to direct Internet providers to hand over the personal details of the associated account holders, in order to go after the alleged pirates.

In Canada, this so-called copyright trolling practice hasn’t been without controversy.

Last year Voltage Pictures launched a “reverse class action” to demand damages from an unspecified number of Internet users whom they accuse of sharing films, including The Cobbler, Pay the Ghost, Good Kill, Fathers and Daughters, and American Heist.

The application of a reverse class action in a copyright case was unprecedented in itself. In a single swoop, many of Internet subscribers were at risk of having their personal details exposed. However, Internet provider Rogers was not willing to hand over this information freely.

Instead, Rogers demanded compensation for every IP-address lookup, as is permitted by copyright law. The provider asked for $100 per hour of work, plus taxes, to link the addresses to subscriber accounts.

The Federal Court agreed that the charges were permitted under the Copyright Act. However, when Voltage Pictures appealed the decision, this was reversed. The Appeals Court noted that there’s currently no fixed maximum charge defined by law. As long as this is the case, ISPs can charge no fees at all, the argument was.

In addition, the court stressed that it’s important for copyright holders to be able to protect their rights in the digital era.

“The internet must not become a collection of safe houses from which pirates, with impunity, can pilfer the products of others’ dedication, creativity and industry,” the appeal court Justice David Stratas wrote.

Not happy with the decision, Rogers decided to take the matter to the Supreme Court, which just decided that it will hear the case.

The Supreme Court hasn’t given an explanation for its decision to take the case. For the accused BitTorrent pirates in Canada, it’s certainly one to watch though.

The case will in large part determine how profitable the copyright trolling scheme is in Canada. When ISPs can charge a substantial fee for the IP-address lookups the efforts might not bring in enough money through settlements, making them less likely to continue.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

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The UnitedMasters, the Latest Tone-deaf Artist Exploitation Scam from Silicon Valley | MUSIC • TECHNOLOGY • POLICY

Yes, they really did brand it the “United Masters”, and no, that’s not a subplot out of Game of Thrones and no, it’s not the MIC Coalition price fixing cartel.

You may have heard about the United Masters, the label services company that Google along with the Silicon Valley VC Andreessen-Horowitz is backing.  “United Masters” which is designed to “upend record companies,” or so the story goes.

The launch was covered extensively in TechCrunch and I confess I stopped reading after this:

UnitedMasters is ready to give musicians an alternative to exploitative record label deals. Artists pay UnitedMasters a competitive rate to distribute their music across the internet from Spotify to YouTube to SoundCloud, and they [meaning the United Masters and the artists] split the royalties while the artist retains the rights to the master recordings.

Ah yes.  The artists take all the risk and on top of that payment they split royalties with the “United Masters”.  Sounds like those notoriously fair venture capital deals, right?  They just left out the warrant coverage and 3x liquidation preference.

Tunecore pioneered shifting 100% of the distribution risk from the distributor to the artist by requiring an upfront payment from their distributed artists.  Tunecore did not have the additional brass to take an additional revenue share from the artist’s earnings on top of what the United Masters call a “competitive rate”.

The narrative was something like why should you share your future earnings with your distributor when you can pay Tunecore upfront?  And, in fairness, cap your distribution fees.  That deal works out better for artists who sell enough to drive that upfront payment below 20% or less of their earnings (usually artists who sell enough to make a tidy profit but not enough to justify an advance from a distributor).  However, for artists who don’t sell that much, it drives the distribution fee well over 20% of earnings and, I would imagine, in some cases over 100% of earnings.

But even so, the fee-based distribution model didn’t ALSO take a percentage of revenue which is evidently the plan with the UnitedMasters.  Even though we don’t know exactly what the United Masters terms are yet, we can still find the deal structure nauseating.

Good news:  VC Horowitz brought in a tech team to the UnitedMasters party!  Yay!  Because, you know–it’s all about the data, right?

[W]e recruited a phenomenal technology team with members from distinguished companies such as Facebook, Dropbox, and Pandora. I think that the UnitedMasters engineering team is one of the best in the technology industry, but you can judge for yourself.

This from the VC firm that invested in Rap Genius, or as Marc Andreesson, the partner of Mr. Horowitz reportedly called Rap Genius, the “Talmud of the Internet.”  So these are people who have a very positive view of themselves and who have the answers for how to run the music business.

So naturally, such people would reach out to royalty deadbeats Facebook and Dropbox and Pandora, who most songwriters know as their alter ego–“Plaintiff”.  Pandora who screwed the legends of R&B out of performance royalties in their other alter ego–“Defendant”.

Now imagine this phone call–your band reaches out to a talent buyer in a town you’ve never been to before and you tell that buyer that they should give your band a Friday night because—the United Masters have defined from the data that you’d draw.

Right.

There’s a reason why Amazon is getting out of the ticketing business.

As usual, Google misses the point entirely.  Robert Levine observes in Billboard that the main thing that record companies do that the UnitedMasters evidently will not do is actually write a check to invest in artists:

So far, startups haven’t really replaced record labels because none of them really do what labels do. Almost two decades ago, Napster said that it would replace labels by distributing music, but labels aren’t exactly in the distribution business — truck drivers are. (No one gets invited to cool parties by disrupting long-haul trucking.) Several startups help artists market directly to fans, which is becoming an important part of the music business, but labels never really did that — they’ve always sold music to retailers. From a business perspective, labels invest in artists — which very few technology companies have shown any interest in doing. Because it’s a risky business.

And that’s what labels really do for artists — they amortize risk.

And while you think about that, have a listen to the incomparable Marc Ribot and Ceramic Dog performing his ode to the data lords, “Masters of the Internet”.  I don’t think that was quite the meaning of “masters” that the tone deaf “United Masters” and the data lords intended.

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Social Media Branding in Indonesia by Sri Widowati Facebook Indonesia | Music Marketing - Gen-Y Rock Stars

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Désirée Vach takes over from Christof Ellinghaus as Chairperson of Germany’s VUT | Music Business Worldwide


Désirée Vach is the new chairperson of VUT, The German Association of Independent Music Companies.

She started in the position last month.

Vach, founder of Snowhite Records, assumes the tasks of Christof Ellinghaus (Cityslang) as VUT´s chair.

Ellinghaus resigned from the position after being VUT´s chair for three years.

Vach is the first woman in history elected to chair the VUT board.

Originally from the Rhineland, Vach founded in 2009.

Previously she worked for the independent label Kitty -Yo (Peaches, Gonzales, Jeans Team etc), which closed in 2006.

Vach left Kitty-Yo and took over the management of the independent label Weekender Records Germany.

In early 2009 Vach ended her activities at Weekender Records Germany and founded Snowhite Records (Label & PR).

Since 2014 Désirée Vach has been Manager, GSA for INgrooves Music Group.Music Business Worldwide

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Team Trump goes in to bat for Google and Facebook | The Register

What swamp?

Donald Trump's former policy chief Steve Bannon wanted to limit the power of Silicon Valley's plutocrats, but US trade negotiations have just thrown a protective arm around them.…

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UK spy court ruled immune from judicial review – for now | The Register

Judges reject Privacy International's case against Investigatory Powers Tribunal

The UK's Court of Appeal has ruled that the body that oversees the nation's intelligence agencies cannot be held subject to a judicial review under active laws.…

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Plans to thwack Official Secrets Acts smacked: Journo-gagging reform postponed | The Register

Why do we mention thrashing in the 'best schools'? Read on

Proposals to reform and rewrite Britain's aged Official Secrets Acts have been postponed for at least a year, the government's Law Commission has confirmed to The Register.…

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