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Two Blanks Against the Trend
Posted by
michael
on Fri Feb 06, 2004 08:46 AM
from the spread-the-news dept.
from the spread-the-news dept.
skdffff writes "German band Eisbrecher has decided to make a statement for its fans and for music consumers in general and is releasing their album ("Eisbrecher") including a bonus DVD with 2 blank CD-Rs which have the same label as the CD itself. Alexx Wesselsky (singer and head of the group): 'We are of the opinion that the music buyers are criminalized enough and have been made responsible for the wretched state in the music industry. We are giving them the chance to make 2 legal copies for private use with "official blanks".'"
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bah (Score:4, Insightful)
remember, the USA is the country where your discontent will be sold back to you.
Shock horror! (Score:5, Funny)
this is just a publicity stunt.
Which, of course, is a real surprise coming from the record industry. I bet you feel a right tit. (boom boom)
Parent
Re:bah (Score:5, Interesting)
I've lost count of the number of times I've been emailed about it, from anonymous do gooders making sure that I know they know I'm serving copyrighted goods online, and that it's illegal, and that I could get in some great trouble. Even had one guy argue with me until he broke down into swearing and abuse insisting the RIAA would have my balls on a platter.
The punchline? It's music I've written, I've recorded, I hold copyright over, but as part of that copyright I allow my music to be downloaded.
Parent
Re:bah (Score:5, Interesting)
Parent
Re:bah (Score:5, Interesting)
And it worked.
I'm going to buy this album and I've never even heard of this band. Sooner or later, the music industry will realize that the old ways are dead. Pretty soon, McDonalds and Taco Bell will be record labels of their own, selling new releases with the purchase of a value meal.
What did you think that those Wifi installations [newswireless.net] were for anyway? New cell phones will have WiFi and Bluetooth by the end of '05. It will be easy.
Parent
Re:bah (Score:5, Insightful)
Perhaps if this CD sells because of its notoriety and because loads of people like the idea of getting a couple of free CD-R's with the logo on, maybe they might get a clue that there might be ways of exploiting the free (as in beer) exchange of copyright material for their own profit.
If they did that, then they may stop looking like a load of sad King Kanute's and start looking like a bunch of people with brains and flair.
Parent
I'm so conflicted (Score:5, Funny)
About time (Score:4, Insightful)
I remember thinking to myself... If only the artists and the consumers got together to fight the evil music oppressors, we all might start getting somewhere.
This looks like a very good start
a good start, indeed (Score:4, Insightful)
With the relatively high demand for portability, I wonder if a band would be willing to pre-RIP their songs into MP3s or AAC or whatever format directly onto their CDs for personal use... just a thought on similar lines.
Parent
great idea (Score:5, Insightful)
Re:great idea (Score:5, Insightful)
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Re:great idea (Score:5, Insightful)
Parent
Re:great idea (Score:5, Informative)
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Re:great idea (Score:5, Funny)
Didn't Wile E. Coyote fall off of many cliffs due to this?
Parent
That's clever, but... (Score:5, Interesting)
(the term "bright lining" means doing some activity with a full knowledge of where the law or regulation is and doing something right up to this regulation, this living up to the letter of the law, though, the implication is, not the spirit.)
Copyright is a socially constructed concept. Basically, copyrightholders are entitled to a monopoly of sorts for a limited time on their work. most people agree that the primary reason for this is to encourage more creation of works.
When people talk in terms of "it's legally okay to copy a song from the radio" or "it's legally okay to copy three pages, but not the whole book", then they are basically referring to PRAGMATIC copyright interpreations and rulings based on past technological and social circumstance. as technology and social circumstance change, it may become necessary to change (usually tighten) what is allowed in order to best preserve the spirit and intention of copyright, which, again, is to encourage authors.
here's a really obvious sign of when the spirit of copyright is broken--i call it the "extrapolation" argument. basically, somebody takes an existing interpretation and tries to "scale it up":
* sharing music with your kid sister is ok, so sharing music with everybody's kid sister is (Napster)
* photocopying one page is ok, so let's set up a distributed system via amazon's new full-text thing by which everybody downloads one page and somehow they are combined again (slashdot/amazon)
* MIT has a blanket license for analog music / copying music from existing analog sources of music is ok (radio - unscheduled recordings, includes ads, not complete songs), so let's play a clever trick by which people can get whatever they want in a high quality, but analog format (MIT)
All three of these will work, in the short term. And all three will generate stricter interpretations and a clamp-down, because they are so clearly against the spirit of the socially beneficial copyright law (oh, shut up already, completely-anti-copyright anarcho-libertarians - go and do a little historical research about every attempt to do away with copyrights and patents completely). The end result of this will be stricted interpretations and more bitching and whining on slashdot. What is the root cause of this? The evil RIAA and MPAA? Yes, they occasionally go overboard (the mickey mouse extension act is pretty egregious), but generally they are in the right.
The root cause is those who think that they're being clever by bright-lining copyright interpretations without realizing that they are interpretations that are subject to reasonable modification as circumstances warrant, not god-given cast-in-stone truths. or, in other words, more technological sense than social understanding.
Disagree? reply, not mod down.
Re:That's clever, but... (Score:5, Funny)
Bart: Uh, say, are you guys crooks?
Tony: Bart, um, is it wrong to steal a loaf of bread to feed your starving
family?
Bart: No.
Tony: Well, suppose you got a large starving family. Is it wrong to steal
a truckload of bread to feed them?
Bart: Uh uh.
Tony: And, what if your family don't like bread? They like... cigarettes?
Bart: I guess that's okay.
Tony: Now, what if instead of giving them away, you sold them at a price
that was practically giving them away. Would that be a crime, Bart?
Bart: Hell, no!
Tony: Enjoy your gift.
Parent
Re:That's clever, but... (Score:5, Informative)
The spirit of that decision, I think, can only be observed in one of two ways; short duration, strong copyright laws, or long duration, weak copyright laws. The problem with the egregious Disney extensions is that they apply to other copyrights.
The ridiculous result is that Disney now owns a large percentage of what's in my head. They have relentlessly pursued copyright violations that were completely tangential to their trademarks and intellectual properties in order to establish the "don't fuck with the mouse" mindset, thus setting an example for everyone.
In short, I would quite agree with you if our copyright laws were still as originally written; I cannot agree based on current law.
Parent
Re:That's clever, but... (Score:5, Interesting)
If a person wants to give every customer who buys their song a license to make 2 backups for private use that is their perogative. They're not saying 'here, take these blank cd-rs and make some "legal" backup copies of all your metallica albums', they're not saying 'make a copy and distribute it to your friends'. They're saying that music they produce should be able to be backed up as per fair use, and they're giving people a helping hand doing it.
Perhaps I simply disagree with you that the spirit of copyright law should force those who have damaged media to have to pay twice. Or that the spirit of copyright law should forbid people to be able to transfer music between different media such as mp3/ogg/aac players. The extrapolation argument you said is okay, but nowhere do I see Eisbrecher advocating that people break the spirit of copyright law as you said.
Parent
Re:That's clever, but... (Score:5, Insightful)
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Re:That's clever, but... (Score:5, Informative)
Chapter 8 [critical-art.net] ("The Financial Advantages of Anti-copyright " - pdf) of "Digital Resistance [critical-art.net]" might interest you. It debunks some of the more persistent capitalist myths behind the idea of "copyright for the protection of the artist".
I find CAE's [critical-art.net] other books [critical-art.net] quite interesting as well. It's quite hard for me to find well-written material related to the intersection between technology and culture, any pointers?
Parent
Re:That's clever, but... (Score:5, Insightful)
I disagree with you. I believe society can now handle a "patentless/copyrightless" society.
I do NOT believe they are beneficial in their current form. Most artists and inventers receive next to nothing in compensation when corporations and associations gain all th economic benefits.
And at the same time, these rights have been so extended (both in time and in scope) as to be unconstitutional...
Frankly, I think it's time some damage is done. However, I believe said damage should a) not harm life or limb, b) not harm non-combatants (such as myDoom virus)
Parent
Re:That's clever, but... (Score:5, Insightful)
The giant media corporations have destroyed the idea of copyright themselves by bribing legislators in the USA to change the copyright time period from limited to indefinite. Since they refuse to release copyrighted material into public domain (by permanently extending the copyright period), the consumers refuse to acknowledge their ownership of the copyright by using new digital technology to make extensive and widespread copies.
Corporations don't understand the idea of 'social compact' and never will. In the long run, they will dissolve themselves due to inability to control digital copyright, but they will send many random people to prison to set examples and will destroy many works by encrypting them and refusing to release the decryption keys or allowing the sale of the product.
Parent
Difference in laws between Germany and US (Score:5, Interesting)
The *AAs focus on the macro-scale because they know the argument is much more convincing if they try and say the average user is 'stealing' and 'distributing' to thousands of people. Instead, the average person is most likely willing to pay for a song if the price is right and the restrictions aren't too severe. iTunes seems to be doing fine, and the competitors are springing up.
Re:Difference in laws between Germany and US (Score:5, Interesting)
Parent
Hell, I'll buy it (Score:5, Insightful)
Re:Hell, I'll buy it (Score:5, Interesting)
I wonder if it will be subject to blank digital audio recordable media levies? You know, the ones which go into the hands of the enemy :-)
Parent
Comparing business models (Score:5, Interesting)
The trouble is that the business model of "Litigate until you show a profit" is somewhat self-perpetuating whereas this new one is risky...
Nice, but it's been done before (Score:5, Informative)
The statement that they had was 'Home taping is killing big entertainment industry profits; we left side two blank so you can help'
Re:Nice, but it's been done before (Score:5, Funny)
I guess they were hoping you would copy side one to side two and then give side two to one of your frie... oh, wait. =)
Parent
Brilliant distribution scheme (Score:4, Insightful)
Maybe I'm missing something (Score:5, Interesting)
Because... (Score:5, Insightful)
Parent
Re:Maybe I'm missing something (Score:5, Insightful)
This is a nice way of saying "Giving away copies of our work can be good for us, too".
Parent
Legal? (Score:5, Interesting)
What are Germany's laws in regards to this?
Re:Legal? (Score:5, Insightful)
I'd expect German law (and US, along with probably every Berne signatory) says "you've been given permission by the copyright holder(s) to make the two copies, so go ahead.
Parent
That's Nice -- Wrong Trend (Score:5, Insightful)
I was unaware that the music industry had been doing much complaining about people making copies of CDs for personal use. I could have sworn they were much more upset about people either A) giving out mix CDs or B) downloading illegal files.
I don't see how this move will really effect anything. You can give out two copies to a friend, I guess (although that's illegal), and it will have the official CD logo. Or something.
Of course, the CD-R won't last as long as the real CD anyway and nothing would have prevented people from copying the CD anyway. This is just some dumb gimic to grab attention, and it seems to have worked.
If this were a band offering free MP3s for download, that might be interesting. It isn't, it's just a band saying that they don't mind people using fair use rights. (Or whatever they are in Germany and the EU, I don't know.)
I guess I don't see what the big deal is.
Re:That's Nice -- Wrong Trend (Score:5, Informative)
Check out the link in my sig, www.magnatune.com [magnatune.com]
Those artists are offering free MP3s of their albums.
Plus they get a 50% cut of what you decide to pay for the album. Great idea imo.
You buy the albums through the internet by the way, downloadable in different formats (WAV/OGG/MP3/FLAC)
CDBaby [cdbaby.com] is also doing something like this. (although they sell real CD's, not downloads)
Parent
Why bother with blanks? (Score:4, Interesting)
Re:Why bother with blanks? (Score:4, Interesting)
Even in volume prices on CD-R's those prices are competitive.
Parent
Grrrr (Score:5, Funny)
I'm going to download the tracks off p2p in protest.
It's been done beofre (Score:5, Informative)
This [typicallyspanish.com] is the only comment I found in English (last paragraph).
A most excellent first step! However... (Score:5, Insightful)
We do this because we're a bar band. We're not with a major label. We have no distribution besides selling our recordings by hand at our gigs and maybe garnishing a wee bit of counter space at a local Mom&Pop coffee shop or two (not to mention, of course, giving them away as presents and sharing online via P2P). We do this because we figure the more our music gets out there, the more of chance that somebody from a label will hear us and like us and we'll finally be able to just do what we really love for a living - making music.
Now, let's assume that our dreams come true. We makes lots of cash solely by making music. Well, we've all agreed that as soon as our first contract expires, we would only sign another one that allows people to distribute our music freely. Why? Simply put, we've already started making a living at what we love, and we know that people will continue to buy our CD's, whether or not they can get our music for free! This is a proven fact!!!
Sure, we might not end up being as filthy rich as other music stars, but who cares? Greed sucks. Allowing the most amount of people as possible on this planet to enjoy what we, too, enjoy more than almost anything else (sound familiar to any of you Linux programmers?) - now THAT would be AWESOME!
-A witty .sig proves nothing.
Just a statement (Score:5, Insightful)
The CDs are blank, probably to avoid extra payments to copyright holders. Although the CDs are empty, they've been printed on, and therefore earmarked for this particular purpose. Of course this is impractical, but it's supposed to be. It's just a statement, and a good one too.
The Rosenbergs (Score:5, Informative)
http://www.livedaily.com/news/2625.html
Dead Kennedys (Score:5, Funny)
"Home taping is killing big entertainment industry profits, we left side two blank so you can help."
I believe the album was released in 1981.
US Copyright Summary (Score:4, Informative)
Re:Info about the band (Score:5, Funny)
Hitler must be spinning in his lake of fire!
Parent
Re:Info about the band (Score:4, Funny)
Hitler must be spinning in his lake of fire!
Well, maybe. But if he could look at todays Germany, the fact of there being a rap scene or not would only slightly alter the rotation speed... there's too much other stuff that would make him spin...
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Re:Info about the band (Score:5, Informative)
Best chances to hear one of their songs is at one of the many wave/gothic clubs in germany. Most probably during one of their industrial/noise sessions. (Mind you those genre names mean slightly different things in europe)
Both members have excellent track records making goth music and producing other bands of the genre. Before Eisbrecher they were rather succesful with their band Megaherz.
2. As far as I know they aren't on top of any german scene let alone the rap scene. Their debut has only recently been released in germany and they are currently not listet in the german 100 and aren't even listed in the german alternative charts. So I would not say they are top in germany at the moment.
Greetings from germany
Jef
Parent
Re:Fantastic (Score:5, Funny)
Yes I do!
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