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Music Media

A Critique of the EFF's Open Audio License 242

Brett Glass writes: "This weekend, the EFF is staging a public concert in San Francisco's Golden Gate Park to promote its "Open Audio License" (OAL), a music license based loosely on the GPL. But is a license intended for software a good starting point for a license for music? And is the EFF's license a good choice for composers and performers? This critique discusses the intended and unintended effects of the EFF's license, and suggests alternatives that might be more beneficial (and more palatable) to musicians, composers, and performers." Some of Glass' critiques seem a little silly - they're intended goals of the license, not flaws.

In fact, let me make a brief response to Glass' points as he makes them in the critique -

OAL gives away too much: No response to this. It's for the artist to decide.

No credit to performer: Silly criticism. An intended aim of the license. The performer is free to seek an alternate license from the author if he/she wants to profit off of the song.

Potential damage to reputation: Silly criticism. An intended aim of the license. Like the GPL, this license assumes that free and open should be free and open to everyone for every purpose, even those you find distasteful. "Oh my god, someone is using my GPL'ed program called grep to search for abortion providers in the phone book!"

Viral nature: Silly criticism. An intended aim of the license. Again, if you want to incorporate chunks of someone else's work in your own, you are free to a) be infected by the OAL, or b) seek a different license from the author. Free with restrictions, or, presumably, pay the author for a different deal. Without this license, only b) is available. The OAL only ever provides a possible alternative for people wanting to use a work.

ASCAP and BMI don't enforce the OAL: This is an issue to take up with ASCAP or BMI.

Irrevocable: Silly criticism. Even without this clause, you couldn't "take back" the license, at least for people who've already made use of your work - they took advantage of the license at the time.

Most of the rest of Glass' criticisms are general criticisms of any Free license - it gives away the rights of the author. Well, duh, that's what it's supposed to do. These are criticisms of the aim of the license rather than flaws in the license. What Glass is lacking here is a general BSD-type license for music to compare this against...

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A Critique of the EFF's Open Audio License

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  • This license (Score:1, Interesting)

    by Anonymous Coward
    This license will most likely be illegal under the son-of-DMCA law. It clearly sets a chilling effect on the right of the corporations to rule everything.
  • Seriously (Score:4, Interesting)

    by niekze ( 96793 ) on Saturday September 08, 2001 @02:18PM (#2268241) Homepage
    It is about time. I make music with various trackers and midi crap. I give the music away. Anyone who remembers the old Amiga mod scene should welcome such. Take a look at some free music: www.kosmic.org (they've done it all. from 2 channel mods to 32 channel xm's released in mp3 format. These guys rock. Too bad I can't find old Future Crew releases)

    This is our answer to the big music companies that want to revoke our rights. "Thanks, but no thanks. I'll find my music elsewhere.
    • You say that you give your music away, but in all honesty, is it something that anybody would pay for if they had to? It's kind of easy to be on the side of giving stuff away when there aren't any income possibilities for it.

      • My stuff probably isn't that good. But Kosmic and some of these other groups have really good stuff. They even sell CD's. Why don't you go take a listen for yourself? Also, I *do* put out DJ promos which people *do* enjoy. I can't sell them though. But, fair-use lets me distribute them for no profit.
        • Judging from the critique (I'm yet to read the license itself), the OAL would prevent them from selling CDs.

          THe most important critisizm of the OAL in that article is the whole issues of covers. Even with the GPL, each contributors efforts is acknowledge (They do, after all, retain copyright). That doesn't happen with OAL (apparently).

          Let's say, for example, that composer X writes a song with good lyrics, but a really bad melody. performer Y comes along, keeps the lyrics but writes a much better harmony for the song (take Machineheads cover of 'Message In A Bottle' as an example, not that there's anything wrong with original, I just prefer the cover myself). According to the critique, performer Y would get no credit for the song, but composer X might earn shitloads of money from the popularity of the new version.

          That is a major flaw with the license...
    • Hmm, where [sonic.net] would we find old FC releases?

      Is that good enough for you? :-)



      (Hint: Starts with a 'G', ends with an 'e' and has 'oogl' in between...)
  • Who is Brett Glass? (Score:3, Interesting)

    by Robber Baron ( 112304 ) on Saturday September 08, 2001 @02:23PM (#2268262) Homepage
    I'm probably going to get modded to hell for this but I'm going to ask it anyway: Who is Brett Glass and why should anyone care if he disagrees with an artist's choosing to release music under some kind of open license? Is he "somebody" in the music industry? A RIAA hack? An (unknown to me) artist? What interests does he really represent?
    • by Zico ( 14255 )

      He's an advocate of BSD-style licenses and a strong critique of the GPL. He's written a lot of good material about why he thinks the GPL is very bad.

      • An advocate of the BSD license? Reading his critique definitely could have persuaded me otherwise.

        One of his primary arguments is that the artists (musicians) are giving something away (music) without any hope of compensation (money).

        Isn't this kind of like the BSD license, which forces the artists (programmers) to give something away (source code) without any hope of compensation (contribution back to the community)?

        I thought the primary difference between the GPL and the BSD license (besides all the holy-war crap) was that the GPL requires you to GPL anything built off of it, whereas the BSD license allows your stuff to be built-upon without contribution back to the original.

        For instance... Microsoft (and others) have made use of BSD's TCP/IP stack, because it's licensed under the BSD (and therefore MS doesn't have to open-source all of their code built off of it like the GPL would require).

        Seems to me that this music license that Glass is critiquing is actually much more like the BSD license than the GPL.
    • I've seen a lot of posts over the last few years from Glass condemning the GPL (and RMS and the FSF, I think). I'm not sure if he just hates these licenses or whether he actually believes we shouldn't even be able to have the option of using them. (It seems like he'd be a lot happier in the proprietary world.)

      --Mike

    • Here is a short critique of Glass's article:

      Glass uses ad hominem attacks against John Perry Barlow, but fails to instruct us in any way as to why Brett Glass is any more credible than John Perry Barlow- in fact Glass strongly urges that anyone looking for legal advice regarding this legal license look elsewhere.

    • Brett is BSD license Zealot numero uno. He's the balancing force against RMS so that the universe doesn't implode.

      Just as a lot of folks in the Linux/GNU community wish RMS would tone it down a bit, a lot in the BSD community wish Brett would stick with coding.
  • by westfirst ( 222247 ) on Saturday September 08, 2001 @02:23PM (#2268264)

    The guy who wrote Free for All had a long explanation about why [wayner.org] the book wasn't free. He points out that text and opinions are best copyrighted because copyright doesn't affect the facts themselves. If you want to reuse the facts, you're free to do so. You just can't reuse the exact form.

    But music is kind of different. Songs do grow as other people add stanzas, verses and what not. So I can see the advantages of the OAL. This guy is complaining too much. Sure, you give up some rights when you use it, but you gain others. What's the big deal? Everything in life has tradeoffs.

    • hah (Score:1, Interesting)

      by metalhed77 ( 250273 )
      as a musician i resent the idea of anyone else touching my work that isn't in my band. especially since it still would have my name attached to it. Plus i cant' imagine the hell you'd have with multiple bands playing "forked" versions of the same song. Who deserves more credit? he who aranged the song or he who wrotes the licks. Lets say i write a song with some killer riffs but it's arranged poorly, downright ugly. Lets say someone comes around are rearranges the parts, who deserves the credit? bullshit, GPL is great, but it's for software.
      • Re:hah (Score:3, Informative)

        by msaavedra ( 29918 )

        If that's the way you feel, then this license is not for you. However, for people who care solely about the art, this license is great.

        The free exchange of ideas in classical music led to some great artistic achievements that would not have occurred had strict, modern copyright laws been in place then. For instance, when JS Bach was young, he left his job as a church organist and walked 200 miles (no internet in those days :^) ) so that he could hear the music of Dietrich Buxtehude. He ended up staying several months, studying and transcribing as much of Buxtehude's music as he could. This had a profound influence on Bach's development as a composer. I shudder to think about how Western music would have been affected if Buxtehude, worried about retaining credit for his work, sicked some IP lawyers on Bach and forced him to go away. It is ironic that today, Buxtehude is mostly remembered because of the transcriptions that Bach made. If he had sought to protect his reputation, he probably would have vanished into history by now.

        Similarly, Bach may have vanished as well had not a small number of 19th century composers such as Felix Mendelssohn rescued him from obscurity. Though long dead, Bach has mainly remained famous through the interest of other musicians who want to reinterpret his music. My favorite example of this is Bach's Chaccone in D Minor for violin, which has been arranged for piano by Johannes Brahms and for guitar by Andres Segovia, as well as several others. These three versions are all sublime pieces of music, yet only one of them would exist if the current copyright laws existed then. These are not isolated occurences, I could go on for ages about all of the pieces with names like "Variations on a Theme by Some Other Composer", but I think you get the idea.

        Anyway, to reiterate my point, fiercely guarding credit for the music you create may not be the best way to establish your reputation. Using this license is not likely to damage anyone's standing as an artist. However, if one only wants to make money off of their music, the OAL may not be a good idea, but the indusrty standard way of doing things hasn't exactly lined the pockets of many musicians either.

  • by Bruce Perens ( 3872 ) <bruce@perens.com> on Saturday September 08, 2001 @02:24PM (#2268266) Homepage Journal
    Brett just doesn't like any form of free media or software that can't be "taken private". He's also very strongly opposed to the idea of free media, software, etc., if it takes the profit from commercial practicioners who would produce the same thing for a high price.

    Brett would prefer if we'd all put out free media that he can take private, commercialize, and not return anything to the creator. I just don't see what's in it for anyone but Brett. Most people don't take him seriously.

    Bruce

    • by Chops ( 168851 ) on Saturday September 08, 2001 @03:12PM (#2268442)
      Agreed. Here [userland.com]'s a bit by Brett in which he lays out his views on the GPL ("The GPL ... was designed explicitly to hurt programmers' livelihoods.") and Stallman (who "says that good wages for programmers should be 'banned.'")
    • by Zico ( 14255 ) on Saturday September 08, 2001 @03:30PM (#2268503)

      Most people don't take him seriously.


      And yet here you are, posting for the first time in over half a month (save for replying to two posts which refer to you by name in their subject lines). Feel free to tell me otherwise, but I'd say it looks an awful lot like you do take him seriously, enough to try to marginalize him as a selfish kook. Think nobody was taking him seriously when he was cleaning your clock in the Silicon Valley roundtable?


      You seem to be distorting his views, and by extension, people who dislike the GPL license by acting like they want to take everything private, commercialize it, and not return anything. Actually, it's about freedom and being able to do whatever you want with the code, while the GPL tells me, "Better get a second job, because no matter how much time and money you spend improving this code, as soon as you release it, people are going to download the code for free rather than pay you a nickel." The corpses of the Linux companies, the all-time low stock prices of the remaining ones, the decision by the owners of this very web site to start selling proprietary software, the fact that GPL software is always left chasing the taillights of others in the industry, they all bear this out.


      I'm sure some people will think that "second job" comment I made above was a snide little slam, but if you read the Silicon Valley roundtable, then you'll know what I was talking about. A programmer asked how someone like him would make a living (i.e., not have to take on a second job) in a GPL world, and Bruce told him that he should start thinking about getting into the support or documentation business. Yeah, I'm sure the programmers of the world are looking forward to that...

      • You sound very angry. But then you would be, because you are Brett himself.

        Bruce

        • Well, I'm not surprised that you didn't have the maturity or ability to answer my points, but the truly astounding thing is that you think I, ZicoKnows@hotmail.com for crying out loud, am an open source (BSD) advocate! Even the people who hate me here at Slashdot, and trust me, there are many, must be laughing their asses off at you right now. Listen closely, Bruce — that's the sound of your remaining credibility being flushed away.


          So just for the record: are you really that delusional, thinking that anybody who points out how full of it you are must be Brett Glass himself? Or is this just another attempt, like the post I responded to originally, to distort his views and link him in Slashdotter's minds to one of the most unpopular people here?


          Whatever the reason, you still haven't been able to answer my points, instead deciding to attack the messenger. I'm sure HP must be really proud of you right now.

      • Actually, it's about freedom and being able to do whatever you want with the code.

        Amen! I didn't start using the BSD license until the words of RMS started sinking in...

        "Software should not be owned". If I am not supposed to own my original work, then I am supposed to own derivative works even LESS. Yet the majority of restrictions in the GPL apply to derivative works.

        "If your friend asks to make a copy, it would be wrong to refuse." Well, what if I created a private derivative of a GPLd program that dynamically links to a non-GPL library, and my friends asks for a copy? I cannot do it without violating the GPL.

        "And above all society needs to encourage the spirit of voluntary cooperation in its citizens." 'Voluntary' is not about telling people what to do. But the GPL is very explicit in telling people how they may distribute the software. The GPL is basically saying 'here are the rules for volunteering.' Strange.

        The GPL is certainly appropriate for some projects (just as the OAL is appropriate from some music). I have not ruled it off of my list of licenses to consider when I start a new project. However I have yet to run across the need to restrict my users in regards to my software.

        • It's really very easy to differentiate the GPL and BSD licenses. GPL is about sharing - you build on my code, you let me build on yours with the same rules I gave you. In contrast, BSD licensing is a gift - the developer gives their code to anyone to do what they please. A lot of people would like to take that gift and build something commercial on top of it, and sell it without giving anything back to the original developer. BSD licensing allows them to do that. Some people like that, and develop under the BSD license. Other people want to have a partnership rather than something one-way, and they use the GPL. And sometimes those BSD people get lucky and people actually do give back.


          The most telling example for me is busybox, an embedded Linux toolkit that I created in 1996, which is a critical part of most of embedded Linux systems. Lineo took that toolkit into their product, as have most of the other embedded Linux companies. It gave them a time-to-market advantage. But because it was under the GPL, all of the various companies (especially Lineo) that improved Busybox contributed their work back under the GPL, and it's now about 5 times as functional as what I released, and everybody profits from that functionality. If I had used the BSD license, they would all have made their own improvements, duplicating effort, and keeping them proprietary, and fewer would have the benefit of that product, and the public version would still just be the 1/5 that I wrote. That's how a lot of non-GPL products have gone in the embedded market.


          Thus, I think sharing works better than a handout.

          Thanks

          Bruce

          • GPL is about sharing ... BSD licensing is a gift

            Good analogy, but it's off ever so slightly. Perhaps it's just semantics. But I would say that the public domain is the "gift", BSD is the "sharing" and the GPL is like a "loan".

            You certainly can share something with strings attached, but it isn't that common. When you eat candy in kindergarten, the teacher does not say "did you bring enough to give to everyone", instead she says "did you bring enough to share with everyone."

            With your busybox (and excellent package, by the way), you have loaned the use of it out, and you have indicated that you have received back considerable interest.
      • Could we have a little less of the 'always left chasing the taillights' talk, please? I've seen a whole lot of innovative GPLed software, and written a fair bit myself.

        There's lots to be said for and against the GPL, but no points for dismissing the originality and character of all work not under your favorite license.

  • links (Score:4, Informative)

    by Jim42688 ( 445645 ) on Saturday September 08, 2001 @02:24PM (#2268268)
    faq about oal here [eff.org].
    interesting discussion on list group here [zgp.org].
    radio station on live365 playing OAL here [live365.com].

  • I find this article particularly interesting, because this is the first time I have seen or thought of expanding the open-source movement beyond software. It would be a cool and different way to fight back against the DMCA and big corporations if video, music, and other forms of media began to adopt open source ideas. It would provide a totally legal, bullet-proof alternative to artists these fields which are currently totally dominated by industry interests(like the MPAA and RIAA). At the least, it might also put pressure on them to improve, like Linux has done on MS.
  • Seems to me like the license does exactly what it's supposed to, and he is opposed to that. Kind of like saying: "I don't like the color blue because it's blue!"

    Maybe what he's looking for is some form of the OAL based on the LGPL.. but that's not what the OAL is all about. It doesn't say every musician has to produce under the OAL.. it says that if you want your music to be free (for everyone), the OAL is a good choice.

    I don't think his critisism is a critisism at all.. it's a very good summation of the points of the OAL.
  • I wonder how they even begin to get away with comparing this to GPL.
    Music is so simple to reverse engineer that it is fundamentally open source. You listen, write down the lyrics, and pick out some chords. You can't really totally copy someone else, but you can get away with stealing a lot. Everybody does. So much for some sort of viral license.
    OAL is all about musicians living in the "free as in beer" world ushered in by Napster. But it is also stupid. It's all about giving away rights without getting anything at all in return. With computer code, at least there are a some people out there who might modify your code and make it better. There is nothing similar in the music world.
    The music industry is going to continue on pretty much as it has in the past. It'll sue where it thinks it can, but it's never going back to the pre-napster days. And it's not about to shift paradigms either. The only way things are going to change will be some revolutionary security technology (unlikely) or a complete revision of copyright law into some entirely new beast (who knows?).
  • by metalhed77 ( 250273 ) <`andrewvc' `at' `gmail.com'> on Saturday September 08, 2001 @02:41PM (#2268334) Homepage
    i am a musician, and in a band. I do want to be paid for my music, and I want copyright restrictions, i don't want people to obtain free copies of my work. Why? because I want money. Think of it this way, serious bands need money, because they devote all their time to making music, If my band could do that, we'd be much more productive. Oh sure you could cry that the bands are too rich, well that's the select few that are major bands.

    When you buy an album forget that your paying the RIAA tax, your supporting a band that you love. This does nto mean you should let down the fight against the opressive RIAA and their tactics, but don't let hte music be the casualty in this world. Bands are poor, bands need as much money as they can get to perpetuate themselves unless they don't mind working a dayjob.
    • by Anonymous Coward
      Perhaps a good solution would be to license your music to a record company for say 10 years, then release it to the general public. This allows you to make money off of it when it is new (and hopefully popular), but preserves the original intent of copyright -- that someone can make money off of a published work for a while, but it will become part of the public domain within a reasonable time.
    • As I programmer I say: Welcome to my problem :)
    • by gnovos ( 447128 ) <gnovos@ c h i p p e d . net> on Saturday September 08, 2001 @05:36PM (#2268907) Homepage Journal
      Bands are poor, bands need as much money as they can get to perpetuate themselves unless they don't mind working a dayjob.

      Hey, I am poor. I would love for someone to come along and pay me for my *cough* Creative Talent. But, guess what? Money is not an entitlement. You have no god-given right to profit off of your creative juices just becuase you are you. You have to earn money just like the rest of us.

      Think of it this way: I am an artist, I go to work and create beautiful, elegant art all day long, and I don't get to put my name on any of it and I only get a salary for what I do. NO copyright for me! Does that sound wrong to you somehow? I'll tell you why: Becuase I say "artist" where you would say "programmer".

      Just becuase your "art" is useless and mine is functional does not make us any different. The difference is that I have to go to work for hours and create art every single working day of the week. You on the other hand are only asked to create art for a few hours every so often. You have ZERO right to make money just because you think you deserve it. You have to earn it just like the rest of us.

      The real problem is, organizations like the RIAA have built up the notion in your (and my, and the whole world's) head that being "creative" is some magical ability that few people possess in any quantity. Nevermind that for hundreds of thousands of years humans have been artistic just fine without the need for superstardom. Today you we taught that musicians/actors/artists/etc. are so special and rare that we must pay a hefty percentage of our GDP to thier masters simply because who knows when such talent will ever been seen on this earth again, right? Well, I'm sorry to break it to you, but we are all talented, we are all artists. We can't help it. Making money off of art is like making money of of breathing. Everybody does it, no one has some "right" because they happen to have asthma.

      By trying to make a living off of music, you are simply perputrating the notion that music is something that is rare enough or difficult enough to make a living doing. You are contributing to the death of music and humanity's musical soul far more effectivly than any sort of "Open Music License", my friend.

      • good analogy (Score:4, Insightful)

        by abe ferlman ( 205607 ) <bgtrio@ya[ ].com ['hoo' in gap]> on Saturday September 08, 2001 @07:33PM (#2269225) Homepage Journal
        People just don't understand. I don't mean they don't see it my way- I really mean they don't understand. Most people have never had a serious discussion about property rights and the way that the government grants monopolies to creators with the stated goal of fostering innovation.

        Another more pithy way to put it is this: We don't subsidize the pony express now that mechanical transportation is available.

        The bottom line is scarcity. gnovos is trying to say that some people think it's the talent that's scarce even if copies of their works are free, but that people are wrong and talent is not in fact scarce. This is basically right on the money. If talent *is* scarce, then the music industry needs to find ways to reward talent that make sense, like charging for live performances and other things that can't happen without talent, rather than trying to jealously contain free copies of recordings.

      • I am looking to my right over at three electric basses and six electric guitars and I am clapping and cheering at what you have just said, gnovos.

        I make music because there is something I want to hear that doesn't exist until I play it- and because it's fun! It's as fun as biking, or juggling I suppose. I earn money doing other things, and when I can I spend some money on my music, and it makes me happy to have a new (inexpensive, soon to be all rebuilt and doctored up) guitar.

        I can make some people- one or two people who are looking for just that sort of music- tremble with awe and delight at how nicely my music suits them.

        This is not an entitlement. This is a gift.

        To some extent, art is what you are doing when you are not thinking about money. If you can swing a pick-axe or a drumstick so well, as a craft, that you can get paid for this, that's wonderful- but you'd better have an idea of what the market is. Nobody owes you anything. What do you have to offer?

      • Just becuase your "art" is useless and mine is functional does not make us any different
        That is an ignorant and biased supposition. Music, theatre, and the visual arts have always served the purpose of elevating people above the dull hum of their everyday lives. Some especially powerful works have even changed the way people thought about themselves and the world around them. They are far from "useless". True talent *is* scarce - just go on MP3.com and listen to any random selection of songs. If one's skill happens to lie in music composition, why should that person not be rewarded for the fruits of her labor? To be a serious musician requires a lifetime of dedication and sacrifice. I don't know where you got the idea that musicians feel they have the "right" to have money thrown at them just because they are musicians - it just isn't true. Only stupid people believe that.
        The difference is that I have to go to work for hours and create art every single working day of the week. You on the other hand are only asked to create art for a few hours every so often. You have ZERO right to make money just because you think you deserve it. You have to earn it just like the rest of us.
        If you think being a successful musician takes "a few hours every so often", then you have never tried. I have to go to work and make stupid and meaningless (but functional) programs and then, when I get home, I have to balance my life between time spent writing music and rehearsing with my band and maintaining my relationships. And if I can turn that into a career that I actually enjoy and actually enriches my life, then more power to me. There will be nothing undeserved about it. People who make money in music most definitely earn it, no matter how deplorable you might find their tastes. If the musical landscape is ugly and vapid it is only because the consumers have made it that way by buying Britney Spears and Limp Bizkit. And hey, man, the RIAA did not force *anything* down *anybody's* throat - they merely offered and people were too lazy to say "No." I'm sorry you're so biased against someone making a profit from music - but it should and will continue to happen. The OML will simply not be adopted by anyone who plans to spend the rest of their lives making music.
      • You also probably signed an agreement when you took your job that released your copyright and designated your creative output as "works for hire". That's great for you! Unfortunately, there are many, many fewer businesses willing to pay a salary for a in-house composer to write music works for hire. Just because you signed away your copyright doesn't mean all programmers do. I know at least one former coworker that signed a deal where he retained rights to all his work.

        "You on the other hand are only asked to create art for a few hours every so often. "

        This is patently false. Most composers are not asked to create their art. They create it and then try to sell it. In circumstances where this doesn't obtain (recording contract, commissioned work), meeting the demands of the request for music is no less arduous than programming (don't try to tell me otherwise; I've done both). Even writing a decent 3 minute pop song is hard work. Much like programming, music does not spring fully formed from a wellspring of creativity. It requires practice (education), good basic themes (design), and editing (debugging). And, if you try it live, unlike programming, you have to be able to reproduce it in real time. Also, unlike programming, it's hard to find someone to compensate you for that time.

        My fundamental objection to your argument has to do with your contempt for musicians and the difficulty they face. How many people write/play music as a day job to support their dreams of being a programmer? How many do the reverse?

        Many people are satisfied to play music as a hobby, for friends or family, or take the occasional weekend warrior gig. For these people, something like the OAL is great. That's fine. Many devote their lives to it, hoping against hope that they'll be able to eke out a meager living. For these people, it would be insane to release under such a license. A statistically insignificant number make piles upon piles of money (though not NEARLY as much as their labels make off of them). For these lucky few, we can hope that they understand that their fans want the joy of sharing the music with their friends, a la the Grateful Dead. The real fact of the matter is that without musicians in the 2nd and 3rd categories, you wouldn't have anything decent to do while you hack away. So don't be a fucking ingrate, dig?

        I do heartily agree with you that everyone is talented, and everyone is an artist. But we all have different talents in different quantities, and talent without hard work is worthless. Hard work takes time, and if you don't get compensated for that time, you don't eat.

        There's no free lunch. Even authors of GPL software are getting money from someone for doing something, or they'd starve.

      • Just becuase your "art" is useless and mine is functional does not make us any different.

        Having gone through 6 years of intense programming, and followed it with 3 years of intense music production, I'm in a somewhat unique position to comment on the above paragraph.

        I agree that programming and music are both art. However, I take serious offense to your comment about music being a "useless" art.

        Are you ready to read?

        I can't write a song that will add any two numbers. I can't write a song that enables the listener to run through corridors and chase other listeners down with rocket launchers.

        I can, however, write a song that helps give a person insight into their relationships with other people. I can write a song that makes someone laugh, or smile.

        At this point, it still might not be so obvious to you that music is important. Why do you think people bother to make music, anyway? Lets look to one of my biggest musical inspirations. Bjork, in a recent interview, talked a little bit about why she began producing solo CD's (at the age of 26 or 27 - she's 35 now). You can watch the entire interview here: damnit, the site couldn't handle the traffic but just in case someone comes through with a mirror, check out http://63.67.107.43/bjork/. I'll have to paraphrase: She explained that very often a book, a song, a movie, or a story, would be exactly what she needed to feel better about something that was bothering her. Something of a magical cure, I guess? She looked at the names of people on CD's and books, and realized how much they had sacrificed just to create their works and have them distributed. All that work just to make her feel better. She set out on a mission to do the same for others, and 4 CD's later she's far along that path.

        I look back on my obsession with programming, and its quite clear to me why I devoted so much time to it - its a perfect creative outlet and a very effective escape from reality. When you're 72 consecutive hours into a coding binge, you're in a different world. The unpredictability of social situations are at a safe distance. You don't think about things like your appearance, your odor, whether or not people like you, whats happening in asian sweatshops, or what sort of evil is being planned in those 12 levels of management above you. You are in control of the world - there's you, your keyboard, mouse, data structures, control statements, functions, registers, libraries, memory, a video card, a sound card, some speakers, and a monitor. There is nothing else. (And people wonder why ego-centrism is a characteristic commen to so many coders, heh)

        I got a job in the industry, and quickly learned that when someone is paying you to code, your creative options are a bit more limited. Unless you're the lead programmer, the best you can hope to do is come up with a creative way to solve whatever problem is being put in front of you. For me, this amount of creative control wasn't enough. It wasn't fun. Programming, which had been my ultimate creative outlet, was now just a chore. Sure I was making money and could pay my rent, but I lived at the office. Whats more, I worked at a computer all day on things related to my job - the last thing I wanted to do when I got home was spend more time at the keyboard working - even if it was on personal projects. There's only so much time one can spend sitting at one of these things. I was no longer able to enjoy programming as I once had, so I returned to college and got back on my parents payroll. (A side note, overaggressive intellectual property clauses in employee contracts make outside-the-job coding projects even more difficult.)

        When you throw something like an intense addiction to programming into the garbage can, there is no escape from reality. You've got to fucking figure it out. This is when books, paintings, music, and other traditional art forms came into my life. They helped! I was trying to deal with the fact that some girl wasn't calling me back or (gasp) responding to my emails, and Bjork sang to me "Give her some time, give her some space", and everything was better. I was sad about something so intangible, that it took Beck's "Mutations" to turn my frown into a grin. I was so upset with everyone in America being so goddamn *motionless* - I wanted to move! So I immersed myself in the aggressive dancefloor rhythms that are collectively known as "Jungle" or "Drum and Bass". I don't suppose you understand the therapeutic value of dancing until you're dripping with sweat?

        A more generic example: Some people simply feel better when they hear a beautiful voice.

        My father used to play classical music for me as a child, and I would pretend to be the conductor (plastic straw in hand, flowing with the beat). I spent some time in high school (coincidentally the same time I began programming) writing music with Cakewalk 2.0 and a midi-based synth workstation (Korg X5). However, music never really stirred me deeply until after I began confronting the reality of my life, in college, on the planet earth.

        The difference is that I have to go to work for hours and create art every single working day of the week. You on the other hand are only asked to create art for a few hours every so often. You have ZERO right to make money just because you think you deserve it. You have to earn it just like the rest of us.

        I've come to realize that, through music, I have the ability to effect people's lives in a positive way - and in such a unique way! I enjoy it immensely, its fufilling for me as well as others, and (fuck you!) its challenging! I'm not Britney Spears - I don't work on music "every so often" - I *live* in my studio. I'm writing music just about every day - to the point where I go through withdrawal when I'm on vacations (like this weekend, for instance).

        Schlockmeisters in LA and New York can cookie-cut and sell over a million pop album's in a matter of months - but that music is fast food garbage. Its filler. Its an advertisement for itself. And for some strange reason, the only thing that ever seems to be gleaned from it is that the most important things in life are sex, money, and being cool. How convenient for the rest of the entertainment industry, which specializes in these products.

        The real problem is, organizations like the RIAA have built up the notion in your (and my, and the whole world's) head that being "creative" is some magical ability that few people possess in any quantity.


        In my entire life, I've met about 10 other people who take music as seriously as I do, and who devote as much time to it as I do. I've met about 10 million other people. Being creative is not a magical ability, you are right - and it could even be argued that making music is not a magical ability. There *is* something special about everyone - but not everyone devotes themselves to music so wholeheartedly that their incomes depend on it. Those who chose to are entitled to do so, though you may believe they are not.

        Nevermind that for hundreds of thousands of years humans have been artistic just fine without the need for superstardom. Today you we taught that musicians/actors/artists/etc. are so special and rare that we must pay a hefty percentage of our GDP to thier masters simply because who knows when such talent will ever been seen on this earth again, right? Well, I'm sorry to break it to you, but we are all talented, we are all artists. We can't help it.

        The ones who teach "celebrity" have always been the ones selling it. Most of the "superstar musicians" you're exposed to in American pop culture aren't really musicians anyway - they're puppets. You can't blame musicians for that sick circus.

        Making money off of art is like making money of of breathing. Everybody does it, no one has some "right" because they happen to have asthma. By trying to make a living off of music, you are simply perputrating the notion that music is something that is rare enough or difficult enough to make a living doing. You are contributing to the death of music and humanity's musical soul far more effectivly than any sort of "Open Music License", my friend.


        As I said earlier, everyone has the right to chose their profession, so long as it doesn't infringe upon the rights of others. Given that this is a country defined by its capitalism, none of us will be able to make any money unless we sell something. Our programming skills, maybe. Our salesmanship. Our unique ability with scissors and hair.

        Both the GPL and OAL licenses are absolutely great for stimulating interest and creativity in the fields they apply to. However, neither will help pay the rent.

        I do plan on releasing some music under the OAL (now that I've heard about it) and when I get back into coding, I'll probably release some code under the GPL too. I've released code before too [rwth-aachen.de], you know - before I really knew what the GPL was all about.

        My advice to musicians? Work your fucking heart out and sell the fruits of your labor. If you end up with lots of experiments gone wrong, or just lots of doodles, or you just don't really give a shit about what happens to a particular piece of your music, don't let it sit in your vault - release it under the OAL. Someone, somewhere, will learn something from it. Just make sure you don't plan on using any samples of it in future works for sale :).
  • by abe ferlman ( 205607 ) <bgtrio@ya[ ].com ['hoo' in gap]> on Saturday September 08, 2001 @02:47PM (#2268354) Homepage Journal
    Here. [openmusicregistry.org]

    You can browse the music that's up there already, download it, whatever. I've got a few songs up there, give them a listen.

    Bryguy
    • My question about free music: where's the Classical? That's even a different deal, because a good portion of it (i.e. everything written before the world starting getting excited about extending the copyright period at a rate faster than things were coming out of copyright) is not copyrighted itself; only the performances would be. Surely there are classical music groups out there who've recorded music that they wouldn't mind giving away for free? For instance, university orchestras?

      Is there a good repository for this sort of thing in Ogg Vorbis and/or MP3 format? (The former preferred since we're talking about Free stuff here.)

      -Rob

  • GNUArt ! (Score:5, Interesting)

    by mirko ( 198274 ) on Saturday September 08, 2001 @02:51PM (#2268375) Journal
    > But is a license intended for software a

    good starting point for a license for music?


    Yes.

    We, at GNUArt [gnuart.org], directly use the GPL to protect Art.

    After discussing it with RMS [stallman.org], we agreed it would be possible:
    • The art to be protected is considered in a virtual, infinitely copiable form
    • The source code of art is clearly defined as "whichever information needed by another artist to modify the original"

    Lots of artists trust us, just browse our gallery [gnuart.net] for free "GNU" Art...
    • > "whichever information needed by another artist to modify the original"

      does this mean, if i want to modify your work and i require the name of your wife's ex-boyfriend you are required to give it to anyone who asks for it? (say, i REALLY need it)

      a few years later we'll be using the GPL for everything in existance...
    • Re:GNUArt ! (Score:2, Insightful)

      by emok ( 162266 )
      After discussing it with RMS [stallman.org], we agreed it would be possible:

      I agree with most of RMS's views, and I applaud the GPL. However, why do people give him veto power over their own ideas? I can understand discussing a subject like this with him, since he has probably thought about it more than the rest of us, but I get the idea that many people are unwilling to try an idea unless RMS approves it. As with anything, people need to sift through RMS's ideas and decide for themselves which are gems and which are just BS.
  • by Anonymous Coward

    The basic problem artists have with the music industry isn't the inability to make music for free. Musicians have always been able to do that. Trading riffs is part of the culture. The problem is the fact that the music cartel won't make the artist's music avaiable without him or her signing over the rights to it.

  • silly? (Score:3, Insightful)

    by s20451 ( 410424 ) on Saturday September 08, 2001 @03:04PM (#2268414) Journal

    Some of Glass' critiques seem a little silly - they're intended goals of the license, not flaws.


    That's not a bug, that's a feature!

    To claim that a critique is "silly" because you disagree with the author's point of view is rather condescending, and does not contribute to meaningful debate. Is the purpose of this license to create a moral imperative to release music for free (much as RMS uses GNU as a platform to argue the immorality of commercial software)? If so, the issues Glass raises merit serious discussion.
  • The OAL is a screw job for anybody who signs it: The last clause makes the author THE legal target for any infringemtn lawsuits. Here is the text:

    "Warranty. By offering an original work for public release under this license, the Original Author warrants that (i) s/he has the power and authority to grant the rights conveyed herein, and (ii) use of the work within the scope of this license will not infringe the copyright of any third party."

    Somebody else could pick up the piece, promote the hell out of it and distribute millions of copies. The original author would be forced to defend the resulting nuisance lawsuits (with no income to pay the lawyers out of). Copyright infringement is a grey area and as soon as there is money to be made, the nuisance suits start popping up.
  • Any license is a good license. People (artists and consumers) don't realize that there's more than one way to distribute music.

    As far as I know, music is sold today without any license agreement of any kind. It's all implied - and the music companies can make up whatever they want later. In fact, I'll bet they could make a case that no one but them can legally listen to any CD sold to date! Why? Because no one ever explicitly entered into a license agreement.

    Even if the OAL is "too free", it will nicely suit as being the opposite of current practice. And something more moderate will show up later.

    • As far as I know, music is sold today without any license agreement of any kind.

      True, but keep in mind, the record company's "licenses" are passed as laws. The things you are allowed to do and not do, the Audio Home Recording Act, the DMCA, much of that could be placed in a license spelling out exactly what you're allowed to do.

      The RIAA, etc, don't need to make licenses, they just pass the laws they need, and save a lot of trouble.

      Software has been a little different because the software monopolies (Microsoft, in other words) haven't been paying much attention to Washington. Just wait until they figure out how to lobby with the efficiency of the record labels, your next MS software might contain no license agreement, since the terms Microsoft likes will be part of copyright law.

  • *sarcasm*

    OAL is confusing me with AOL so some lawyers need to get involved, domains need to change hands....

    *end sarcasm*
  • Traditionally... (Score:4, Insightful)

    by blkros ( 304521 ) <blkros@COWyahoo.com minus herbivore> on Saturday September 08, 2001 @03:23PM (#2268473)
    music was free, and not copyrighted. Tribal music was for everyone to share. The old folk musicians, union organizers,anarchists, etc., made songs and let anyone use them, and build on them or even change them. Music wasn't about big bucks until the big companies got into it. It sounds like the OAL is trying to steer us back to sharing music, it may not be perfect, but first attempts at complicated stuff usually isn't.
    From the summary of the critique(the page is slashdotted so I didn't read it) it sounds like the critique is not about the method of sharing, but, rather, about the sharing itself. If you don't want to share your stuff--don't. Just don't tell other people that they can't, or shouldn't.

  • by blamanj ( 253811 ) on Saturday September 08, 2001 @03:24PM (#2268478)

    Well, if Glass is correct in his summary, then I would have to say that the very first bullet point:

    • You cannot allow free copying of a recording but keep the rights to the song that was performed in the recording.

    represents a fatal flaw. This would imply that you could not release a "teaser" MP3 , say one ripped in a lower audio quality, and still retain your other copyrights to the song. That seems shortsighted and unfair.

    • by Anonymous Coward
      That isn't what the OAL is meant for. If you want to release a teaser, you use a different license.
    • I can't moderate up the AC who replied to this, so I'll just copy his response.

      That isn't what the OAL is meant for. If you want to release a teaser, you use a different license.
      Exactly. Thanks, AC. "Blamanj", I'm guessing that you only read the "critique", not the OAL iteslf, and thus you didn't pick up its intent.

      Bruce

      • You are correct, I was responding to the critique. But as I read the OAL [eff.org], it still appears flawed.

        For example, IANAL, but the scope of public performance appears to be completely undefined. If I release the song FOO on a MP3, does public performance mean playback of that particular MP3 only? Does it mean some band can perform the song live as long as the quality of their sound system doesn't exceed that of the original encoding?

        I think this is a good issue, and I commend them for starting a public discussion, but I think it's far to complex to be dealt with satisfactorily in the few paragraphs they have written.

        • Public performance's scope isn't explained because it is an already established term for a set of things. Sorta like at the end of a football game they say that this isn't licensed for public performance, but never say what that is? Well, the courts already decided what consists of a public performance and it's up to you to make sure that you're not doing something bad.
  • A Linux analogy (Score:3, Interesting)

    by chrisserwin ( 448761 ) on Saturday September 08, 2001 @03:25PM (#2268483)
    So, to use a software analogy, Red Hat and Mandrake are performances of the work Linux. Well, does Mandrake really trumpet the fact that it?s Red Hat based? Not really anymore. Does Red Hat actively recognize Mandrake's contributions to popularizing linux? No. Do both distributions include proper credit to the authors of their content? Yes.

    I think the OAL is more about song writers than performers. I do not believe that a performer could release a conventionally copyrighted song under the OAL. This would probably be a copyright violation because no royalty would be paid to the work's owner under the original copyright. On the other hand, if Willie Nelson had released "Crazy" under something like the OAL, then he would be associated with the work, not Patsy Cline.

    Ultimately, though, songwriters make money on royalties. I don't see how they can do this under the OAL, so I don't think it has a chance for any group or artist that relies on album sales. For those that rely on performance revenue (like the Grateful Dead), the the license would make perfect sense, because it would promote distribution of the performance recordings and create new consumers. For example, I always thought the Grateful Dead were about a hippie drug culture until I downloaded and burned a concert for a fried and discovered that they were a really, really good performance band. I would have never discovered this if they had not given away the rights to record their concerts.

    So, in the interest of spreading the love :-)> [sugarmegs.org]. (Beginners should try anything from '77 or '78. That's Gerry Garcia on lead guitar, BTW.)
  • The main one is cost. The tools to make software can be had for free, while the same cannot be said for music. Musical instuments cost money, lots of it, and can also be quite maintaince intensive. Also, recordings cost money to make, wether recorded in a studio (Big $$$), or even at home, where a decent setup including mics, monitoring head phones, and software could easily go above $1000, and that's not even including the instruments themselves. I myself have a few guitars, a keyboard, and a few other goodies. Those alone have cost me several thosand dollars. Now, before I get too offtopic, here are my chief problems with this license. It removes ALL rights from the preformer. If I ever make it big, I will probably take the stance of the Grateful Dead. You can distribute concert bootlegs, but NOT official releases. With music issued under the OAL, there is NOTHING to prevent one of our friends at one of the major labels from released OAL music on CD, or rerecording a song by an indie artist with a pop group, and not giving the artist(s) one fuckin' penny. That bothers me. Issuing music under this license would seriously effect a preformers ability to make a living doing what he/she loves, since it removes one's control over their one asset. Now some of you may be saying 'What about live shows?' Well, that involves the purchase of even more expensive equipment, plus travel expenses, etc. I am by no means saying that I agree with how most artists handle their music, but by that same token thing this extreme is just as bad.
    • The Price (Score:2, Insightful)

      by ahde ( 95143 )
      of developing music and software is about the same.


      A $1000 computer with a monitor, CDRW and high speed internet connection (and heaps and heaps of GPL software) runs about the same as a guitar, amp, 4 track and mic. The really big difference is that I don't need all the software that would otherwise cost a bundle if it wasn't free to make my music.


      It scales about the same too. A top 40 album with a producer, engineer, mixer, full band, studio time, etc. runs about the same as a cvs repository, hosting, several computers, office space, QA, etc.

  • Not for everything. (Score:4, Interesting)

    by eAndroid ( 71215 ) on Saturday September 08, 2001 @03:50PM (#2268556) Homepage
    I think it is obvious that this license is not for everyone. Just like the GPL (ducks a swing from RMS). I both write software and record music.

    If my music is, for example, written for a game or a web site or something where the music is basically ancillary to the main part of the entire work then I would have no problem releasing the audio under the OAL. However when the audio is the main part then I do not want that audio taken and molested by anyone who wants to harm it.

    When I write a song at 2 am with my guitar it is very spiritual. I don't sing mathematical truths or other factual data, I sing a unique interpretation of my life as I have experienced it. This song is not something that anyone else can understand the same way I do. Other people may be able to identify with it and share some common ground, but no one can truly feel the same way I did when I recorded it - if they did then they would have mysteriously written the exact same song.

    I want to keep these songs mine, like journal entries, as a collection of memories. I don't want some teenager with a eukalalie recording a modified version of my memory.
    • by mrogers ( 85392 )
      In that case, keep your song to yourself. No teenagers with ukeleles will ever hear it, copy it, or mess it up. But if you choose to publish your 'memory' and sell copies of it to teenagers with ukeleles, it will become part of their lives as well as your own: fair game to be copied, parodied and modified by anyone who hears it.

      Or are you saying that other people don't have the right to make songs that reflect their experience of life, just because part of that experience involves your songs?

  • Michael sez:
    Potential damage to reputation: Silly criticism. An intended aim of the license. Like the GPL, this license assumes that free and open should be free and open to everyone for every purpose, even those you find distasteful. "Oh my god, someone is using my GPL'ed program called grep to search for abortion providers in the phone book!"

    I don't agree that this is a silly criticism. Look at the Windows95 launch, and how they used "Start Me Up" by the Rolling Stones. While the Stones did sell the rights for this song to Microsoft, the average Slashdotter-slash-musician here would be completely aghast--and have absolutely no recourse.

    The software world doesn't have a concept of "selling out" (well, we do, but generally it's a positive thing: "You sold your company to a behemoth for 50 mil? Good job!"). In the music world, particularly pop music, this is a huge thing. Fans are everything--you make music for your fans. If your fans think you're a corporate shill, or they get your songs pummelled into them constantly by obnoxious commercials, and can't stand to listen anymore--you're going to lose your fan base. And who are you making music for anyway?

    Neil Young ("This Song's For You") would be turning in his grave, if he was dead yet.

    - dlek

    • I like something about this post. Particularly the differences between the software world and the "artistic" one. Why aren't programmer's whining and complaining about thier copywritten works being stolen out from under them? Why aren't they complaining about thier "rights"?

      Because, despite the fact that many of them are artists in every since of the word, everyone knows that programmers program for a salary.

      Think for a minute how the world would be different if other types of artists worked for a salary...
  • I have to agree with Brett's analysis. This OAL sounds pretty silly. The question I have is pretty simple: What need is served here?

    I've written a number of things that I have made freely available. They are up on my website along with the permission to copy, link, etc -- with attribution. I didn't need the OAL to do that for me.

    Should I ever finish the book I'm writing (light is now visible at the end of the tunnel), I will try to sell it. Obviously, I don't agree with RMS that my efforts shouldn't give me some right to the product of all that work. I certainly would not use the OAL for that. I

    So -- what's the point of the license?
    How could it possibly be important? I can understand the need for freedom with functional items like computer source code. There is a real value in fixing bugs, finding privacy holes, security holes, etc. But a song? A story? I just don't get it.
  • It has exactly the same effect that the GPL have for programmers. No more, no less.
  • Use a sample (no matter how small) from an OALed recording without asking, and your finished work must be licensed under the OAL and given away.

    OK, I'm going to toss a WAV file up on my website somewhere and make sure that sample N has the same sample value as sample N of some other WAV that is under the OAL. Then I'm gonna thumb my nose at the EFF and all the other AIP (Anti-Intellectual Property) imbecils we've had to put up with for the past several years.

    Slashdot posting an article by Brett Glass, with a link to an essay by Brett Glass!? Is It Happening? Are the Slashdot editors finally waking up and realizing that OSS runs business into the ground, that the only reason so much of the Internet is built on OSS is because of fat defense contracts and stuff that leaked in from the traditional business model? What is waking them up? Perhaps IBM selling SourceForge services and not paying LNUX is waking them up. LNUX fired developers Friday and Slashdot knows it might be next. Maybe Hemos and CmdrTaco actually want to have jobs and not just be "new new economy" losers standing in the unemployment line. Well sorry, it's probably too late for you guys. You've spent the last few years at the forefront of the AIP movement, it's a little to late to change your tune now.

    Of course, Slashdot always has been less leftist on the week-ends, probably because conservatives don't goof off as much during the week.


  • The EFF-branded license has the one "downside" of an ad-clause BSD license--it allows (or seems to; it's very poorly worded) the sale/distribution/commercial use of the creator's work by anyone and everyone without payment or (situational) permission--without the BSD "upside": the creator's option to un-BSD derivative works for whatever reason (like, say, sale/distribution/commercial use). The OAL is the most pro-mega-distributor, anti-little-author license I've seen outside an RIAA-affiliated label contract. Wait--actually, it's worse than anything the RIAA has come up with yet, because people are suspicious enough to read label agreements carefully; but "art's not about money, man"-spouting idiots will use the OAL because it's EFF-certified "free"--free as in serf, I guess.

    (And oh-- Add another red X to your "EFF: Corporate Whore" scorecards at home.)

  • But lets not get confused about the issues. Just because there are similar institutions (Corporate Media Oligarchy) that are abusing the same laws, doesn't make it the same issue. The reasons for free software and free music are different. The EFF is making the mistake of falling for the other sides propoganda.


    In case you forgot, the reason shutting down Napster was wrong was because it was a file transfer mechanism. The NRA is a closer ally to Napster than the EFF. The reason sharing music is okay is because it does not violate copyright. The reason the media conglomerates are opposed to things like Napster is because it takes the power away from them. They haven't lost money yet.


    Copying bits is practically free. That is one reason to share them. The GPL was designed to protect copyright holders while allowing them to share their bits. It was about sharing knowledge. It could be extended to cover sheet music, lyrics, and tableture, but not performance.


    I agree with a lot of the critique. I also would like free music. I would also like artists to have more control over their own copyrights. Freedom is the answer, not conformity.

    By confusing the issues, the EFF is damaging the cause of free software and of freedeom in general.

  • by uebernewby ( 149493 ) on Saturday September 08, 2001 @06:01PM (#2268975) Homepage
    I'll ever release my music [lomechanik.net] under this license. Why not?

    grants the worldwide public permission to:

    Modification

    This means, you can mess my song up and release it under the same name. Like hell you can. Remix it if you must and release it under your own name, but don't make me responsible for what you do to it.

    Note that this clause isn't saying the same thing as: you have the right to sample from this track and create a new track from the samples you've made - under your own name, which I'd have no problems with (unless people start sampling complete riffs, which isn't quite my taste), it's saying "redo a track released under this license any way you see fit and then release it as a "fork" of said track." This may be fine for software, but music has a very different dynamic, which I think the EFF people are forgetting. Artist + Track of which integrity has been preserved are much more important in music than it is in software.
    • How many bands and musicians have done bad covers of All Along the Watchtower and Free Bird and Lucy in the Sky With Diamonds and I did it MYYYYY Way! are out there? And that's from the commercial versions - the folk tradition shared far more music, sometimes keeping names attached. There was a while that everybody was recording Summertime and the Livin is Easy and Cold Rain and Snow and Pretty Peggy-O and everyting Pete Seeger or Woody Guthrie or Alan Lomax wrote, sang, or collected and every female vocalist had to solo everything that Joan Baez soloed, whether they had a voice like hers or not. And this was good. (OK, 90% of it was crap, but 90% of everything was crap....) And you know Woody Guthrie's music far better than you know the music of some singer-songwriter from the 80s who had their 15 minutes of fame and the record company who owns their contract hasn't advertised it since then.
  • I've released my music [iuma.com] under the Free Music Philosophy [ram.org], which appears to be somewhat freer than the OAL.

    As for why I released them under that license, I respond: why not? Those recordings were done many years ago. I will never make any money off of them, nor do I really need or want to. I didn't make the music with the intent of making money... I made it because I wanted to. I learned long ago that the kind of music that I wanted to create wouldn't be the kind of music that would make me rich... or even make me enough money to live off of.

    If someone else can get some enjoyment out of them, then that's great... if not, then oh well... But they're definitely not going to do any anyone any good just sitting on cassette tapes in my closet.

  • I've been a musician for 21 years, a coder for 16 years, and I've worked in (and with) a variety of licenses in that time. Some good, some bad, some indifferent.

    I find music and code to be virtually identical in nature: It is the structured ordering, presentation and manipulation of simple primitives, to create a more complex body of work, so it makes sense to me to have similar licenses.

    Is this kind of license needed for music? Definitely. Just like the coding profession, some pieces, indeed, some jobs, are entirely dependant on using free tools, be they code libraries or sample libraries. As noted, every major operating system today now ships with free (GPL, Q, BSD, or similar) tools and components, which can be copied and distributed without any royalties. Some software products have succeeded in obtaining large market $hare, some have not.

    Those products that have lined the pocket of IT professionals (including mine) were built both with privately owned IP, and public (GPL, Q, BSD etc.) IP. Those that were built strictly with only private or only public IP did not become successful or profitable based on the IP they used... that's a red herring in this discussion. The nature of the license does not dictate the profitability or success of a software, or music, product.

    So what is the impact, if I choose this license, to me? Well, just like the GPL work I've done, it means that others can do what they want.

    Does it prevent me from releasing other work? Of course not. I can OPL/GPL some work, BSD other work, and use a restrictive EULA for other work. Since I'm not a one-hit-wonder kind of guy (I'm a professional, I "publish" a lot), this isn't a problem.

    Is my ability to capture revenue altered by my choice of license, be it in code libraries, or in songs? Of course it is. But it's my choice.

  • Artistic works given away for free for others to improve upon and give them away for free as well? That sounds remarkably like what happens in places that don't sell their culture at the highest price possible. Namely, anyplace but North America. This describes perfectly songs written for cultural events such as Carnival in Rio de Janerio. Or Christmas in Mexico. Or any traditional music in the Far East. It could also describe public domain works from Europe like Germany's classical music, Italy's operas, and England's plays. Although these are experiences sold to the public, they are sold in a fundamentally different way than how it's done in the US. (ie, you could pay to see a concert or a play, or you could get a copy of the script off a friend and do it yourself - results may vary) This music license is probably exactly what the US needs to develop its culture.
  • by gbnewby ( 74175 ) on Saturday September 08, 2001 @09:25PM (#2269495) Homepage
    In July 2000, at the H2K conference in New York (2600's Hope conference), Jello Biafra gave the keynote speech. Later that day, he sat on a panel about intellectual property.

    He suggested there should be something like an "equal exchange" for artists (equal exchange is the organization that, among other things, makes sure people are being paid fairly to grow coffee). This seems pretty close to the OAL idea from the EFF. It's definitely an idea whose time has come (even though the GNU Artistic License, and other licenses, have been available for years).

    On a side note, Jello was/is really pissed that his Vegas song got used in a car ad. He fought a long and very costly legal battle with the rest of the Dead Kennedys, and lost. He wrote the song, but in the end did not control its destiny.

    On a side side note, there's a new Dead Kennedys album of live takes from the bay area. It's fantastic! Sorry I don't recall the title right now...
  • But let's face it, the real issue is societal turbulence.

    There have been middlemen between IP producers and IP cosumers, and they have done quite well over the years. Indeed, they have done so well that they have near infinite resources with which to lobby the government.

    IP producers and middlemen do not want to lose out in the information age, any more than a Linux programmer wants an all-microsoft world.

    But how to accomodate both sides, when both sides demand extremes? One side wants every copy paid for, the other wants everything to be free. It has not been a black and white issue in the past, and should not be one in the future.

    Some type of reasonable freedom to share needs to exist, while preventing widespread piracy and copying.

    If such a system can be developed, all the arguments about IP and licensing will be moot -- things will remain roughly the same. I can transfer my right to utilize IP content 'A' to another person, but I can't make unlimited copies of IP 'A'.
  • ..when I saw he had trademarked YMMV and AFAIK. [ymmv.com] Seems to have a pretty loose grasp on IP principles.

I tell them to turn to the study of mathematics, for it is only there that they might escape the lusts of the flesh. -- Thomas Mann, "The Magic Mountain"

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