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Music Media The Internet

The Grateful Dead vs. Archive.org 395

An anonymous reader writes "E! Online has an article about friction between archive.org and the surviving members of the Grateful Dead. They have come to an amicable understanding after some confusion involving online bootlegs." From the article: "A week after some of the surviving members of the Grateful Dead ordered a nonprofit site to remove free downloads of the seminal jam band's concerts--sparking massive online backlash and a Deadhead petition calling for a boycott of all band-related merchandise--the band has reversed its position. 'The Grateful Dead remains as it always has--in favor of tape trading,' spokesman Dennis McNally tells the Associated Press. "
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The Grateful Dead vs. Archive.org

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  • WWJD (Score:4, Funny)

    by Anonymous Coward on Friday December 02, 2005 @09:46AM (#14165178)
    What Would Jerry Do?
    • Re:WWJD (Score:5, Interesting)

      by /ASCII ( 86998 ) on Friday December 02, 2005 @10:28AM (#14165423) Homepage
      This kind of reminds me of the "This land is your land"-debacle. Woody Guthrie, who originally wrote the song, used the following copyright:

      This song is Copyrighted in U.S., under Seal of Copyright # 154085, for a period of 28 years, and anybody caught singin' it without our permission, will be mighty good friends of ourn, cause we don't give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that's all we wanted to do.

      Still, somehow the above copyright notice was revoked, and after Guthries death, the song passed into ownership of a record label, that claims ownership to it.

      I am a strong beliver in the capitalist system and right to own property, but that right _must_ include the right to give property away.
    • Re:WWJD (Score:5, Insightful)

      by BodhiCat ( 925309 ) on Friday December 02, 2005 @10:58AM (#14165647)

      Jerry and the rest of the band were part of the idealized Haight Asbury community. Although it later collapsed into hard drugs and violence the community was visualized as one where everything was shared in common. This is expressed in their song Box of Rain, "What can I do for you to see you through ..."

      The Grateful Dead like most of the others of the 60's counter culture eventually became part of the main stream, signed a record deal (for which they were chastised at the time by many Haight-Asburians as sell outs) and went to work, making money from touring, record sales and merchandise sales. The taping of the shows was a carryover from the ideal days of the late 60's. "Hey we are just here making music, if you want to sit in front with a tape recorder that's cool with us."

      The tape network grew over the year as tapers traded recordings of shows. However, this was a network which required a "buy in" of having some tapes that you made your self or that you scored from a friend.

      The internet and digital media changed all that. It was now easy for someone to put their recordings on a web site where any one could download them. There was no re-precocity involved. This has led to many who have never attend a show to build up a sizable collection of recordings. (Including, admittedly, Bodhicat himself)

      I don't really have any conclusion to this. Should the 60's ideals be carried over into the internet? Should the "surviving members" be willing to give up profits from CD sales to preserve these ideas? Who owns music? "Its just sounds in the air, man." In the sixties there was an idea that everything should be free, can these ideals be carried over into the digital age?

      • Re:WWJD (Score:2, Interesting)

        by dsgitl ( 922908 )
        Wow, excellent observation. You have encapsulated my feelings and concerns about the whole issue very well, and I think your question is at the exact heart of the matter. I'm 24, and there are many people my age that had no contemporary appreciation for the Dead that are probably up in arms over the whole thing.

        To extend the debate, I have been downloading and burning Dave Matthews shows like crazy. They are widely available, easy to find, and for the most part, are very high quality. I've seen one of

      • Re:WWJD (Score:4, Informative)

        by Hatta ( 162192 ) on Friday December 02, 2005 @12:48PM (#14166517) Journal
        The taping of the shows was a carryover from the ideal days of the late 60's. "Hey we are just here making music, if you want to sit in front with a tape recorder that's cool with us."

        The taping of concerts is a tradition Jerry picked up from his days as a bluegrass musician. You may not know it, but Jerry started out on the banjo, and was rather good at it too. What the internet did for the grateful dead's boots, it also did for these old bluegrass tapes. Check out Bluegrassbox [bluegrassbox.com] and The Steam Powered Preservation Society [thespps.org].
      • Re:WWJD (Score:4, Insightful)

        by Shelled ( 81123 ) on Friday December 02, 2005 @01:07PM (#14166668)
        It's a reasonable suggestion the Grateful Dead wouldn't be more than an interesting 'Hits of the Sixties' or 'Where are They Now' trivia question if it weren't for those Haight Asbury ideals of community and sharing. The Dead invited the audience to be part of the group and gave freely, getting a liftime of adoration, appreciation and financial benefit in return. Given the long-unpopular style of music the Dead played they'd could have been just another Quicksilver Messenger Service otherwise. The Dead are one of the best counter-arguments against DRM. Real artists, as opposed to what media companies today term 'product', can survive and flourish, give to society freely and get a lifetime of riches in return, under the notion of copyright as first intended - a limited license on commercial distribution instead of property, or 'music ownership'.
  • by PurifyYourMind ( 776223 ) on Friday December 02, 2005 @09:46AM (#14165180) Homepage
    Fans pissed off at the merchanise type people put up a petition at http://www.petitiononline.com/ [petitiononline.com]. Theirs is one of the largest petitions on the site.
  • by dada21 ( 163177 ) * <adam.dada@gmail.com> on Friday December 02, 2005 @09:46AM (#14165181) Homepage Journal
    The Grateful Dead has been one (big) example of a band that succeeded without the need for coercive copyright protections. One could argue that they did still use trademark, but they are closer to the anarchocapitalist goal than most popular bands.

    The Dead made their money the right way -- by performing a service for their customers worthy of continual profits. No job requires copyyright.

    I don't believe in copyright as I don't see how anyone can use Congress and the courts to enforce income on non-continuing work. It is ridiculous.

    The Dead's backtrack on their standards shows how corrupting law can be. How a band that has made millions over decades could turn is beyond me. The law is culpable -- the temptation to forcibly control what isn't in your possession is that strong.

    I think this could be a huge blow to that scene (as well as the aging of the fanbase and the unconstitutional drug laws). I've been supporting (financially) only bands who don't support copyright, and I'm meeting and convincing more bands to forgo the protections in order to command a higher ticket price. Give away 1000 CDs ($215), include your next 4 months concert schedule and ask for $1 more per ticket. If the music is good, you'll profit with no use of force.

    The strict anarchocapitalist view hoods that property rights are what sets all other rights. Property is physical, not ethereal. Once the physical item is bartered, you lose control of that particular item. Copyright started as a 7 year protective mechanism solely for the creator. We can see that all legal coercion is bad as there are no checks on the extension of power.

    (note I blogged about this today)
    • by raddan ( 519638 ) on Friday December 02, 2005 @10:13AM (#14165322)
      We also see that the term "intellectual property" has skewed the original intent of copyright. Works are not analogous to property, but when you call them property it becomes easy to mistakenly think that the same crimes apply too, i.e., theft and vandalism. Copyright crime is copyright infringement.

      Copyright is a privilege that is extended to the creator of a work as an incentive to release those works into the public. The holder of the copyright is granted an exclusive monopoly on distribution for a time. This is a fair incentive, IMHO, so long as the work eventually reverts to the public domain. The current term of copyright is absurd, but unfortunately it is within the law (even if it doesn't adhere to the spirit of the law).

      I'm not so sure that anarchocapitalism applies here, since we're not talking about a physical object. But I agree on your main point-- copyright doesn't need to be the main vehicle for profit. Obviously, this is something that people in IT a realizing about now; look at all the people out there making money on permissive copyrights! Amazing.

      As a side note, someone came to me yesterday asking how to move raw PCM data recorded on VHS tape (44.03 kHz) to a computer. Apparently, he has amassed a large collection ("hundreds") of Grateful Dead bootlegs in digital format. He was wondering if he could transfer them digitally to his hard disk-- I really had no idea. Anyone ever heard of this before? He said that bootleggers used to show up with all kinds of crazy recording equipment.

      • by dada21 ( 163177 ) * <adam.dada@gmail.com> on Friday December 02, 2005 @10:20AM (#14165374) Homepage Journal
        Physical objects are all that property is about: your body, your car, your land, your house. I don't see how anything non-physical can be considered property. The short term monopoly encourages manipulation of the power that forces that monopoly, it does not encourage creation.

        As for the PCM data recorder on VHS, the hardware to extract it will not be cheap. I messed with these devices in the 80s as a cheap data backup for the PC:

        http://www.merlineng.com/ME-981_991.html [merlineng.com]

        http://www.gracey.com/descriptions/teac-5000-d1.ht m [gracey.com]
        • Awesome. Thanks for the info on PCM VHS stuff. I'll forward it on. This guy says that money is no object. Apparently I'm not getting paid enough around here!

          I agree, property is all about physical objects. But we're not talking about property, we're talking about copyright. Are you saying that a monopoly on distribution can only apply to physical objects? Even if that's a tenet of anarchocapitalism (which I'm admittedly not familiar with), it seems to be wrong: we currently allow a monopoly on dist

          • Awesome. Thanks for the info on PCM VHS stuff. I'll forward it on. This guy says that money is no object. Apparently I'm not getting paid enough around here!

            You can have him e-mail me and I can probably find him a service that will retrieve the data. I'm sure he can pay per linear foot or megabyte.

            I agree, property is all about physical objects. But we're not talking about property, we're talking about copyright. Are you saying that a monopoly on distribution can only apply to physical objects?

            No, I am s
    • by flyingsquid ( 813711 ) on Friday December 02, 2005 @10:18AM (#14165356)
      No job requires copyyright.

      Writer? To be fair, my understanding is that many authors make a lot of their money from book signings. But if you write books on, say, "Home septic installation made easy" I somehow doubt the local independent bookstore is going to arrange a signing. Likewise, it's going to be difficult getting an advance on your work if the publisher can't be granted exclusive rights to it, and you can't sell the rights to Hollywood if there is no law against simply stealing the story.

      I'm not saying that means that Stephen King's great-great grandchildren need to be collecting royalty checks on "The Shining" at 117 years old, but it's hard to see how writing would work if there was nothing to prevent someone from taking your work without compensation.

      • by Spacejock ( 727523 ) on Friday December 02, 2005 @10:57AM (#14165642)
        It's well known that the average book signing is attended by 4 people. At $1 - $2 per copy royalty the author can just about buy themselves a cup of coffee and a muffin with the proceeds.

        Authors make money by taking a small percentage from the cover price of each book sold. They can't make money from live performances (authors are usually a pretty boring bunch) and the money they DO make from selling their books isn't enough to live on in 99% of cases. Therefore they teach or lecture or work as writers-in-residence or have part- or full- time jobs, all of which means they write less than they would if they were full time writers.

        Yes, I'm a published author and no, I can't see how any system other than what we have now is going to work better - or even come close. Forget about six-figure advances and 'richer than the queen' - only 2 percent of books released each year sell more than 1000 copies. 1000 copies == peanuts in royalties == don't give up the day job. The occasional mega-best-seller skews public perception so that published author equals mega wealthy. As if, and if only.

        The first book in my Hal Spacejock [spacejock.com.au] SF/Humour series is selling well (Reached #3 on the Dymocks SF/Fantasy bestseller list), although I'm still a complete unknown and my books are only available in Australia so far. On the bright side, anything better than 1000 copies puts me in the top 2% of all published authors ;-)
        • It's well known that the average book signing is attended by 4 people.

          Funny story.

          At his signing in Dayton last month, GRRM said his lowest was -4 (When he started reading the passage, the 4 people in the store having coffee left).

          Of course, last month, there were almost 200 people there. Bummer, cause it would have been cool to have the time to sit and rap with the guy.
      • by charnov ( 183495 ) on Friday December 02, 2005 @11:54AM (#14166091) Homepage Journal
        Copyright helps protect the owner from several bad things including: keeping someone else from modifying your work in a way you do not want it to be and then attributing it to you (What if someone changed Schindlers List to be favourable to the Nazi's and then stamped Speilbergs name on it? It's copyright law, among others, that protects against this. In most of Europe, the original copyright owner cannot give up his right of "creative control" although in the US you can sell that right and it is usually demanded), knockoffs and forgeries (I am all for sampling, etc. and so are some copyright holders, but full fledged forgeries are out and out stealing. It takes a lot of work and money to make a brand or name, etc. and when someone co-ops that for financial gain, it is theft of real value.)

        If you want to go after someone about how screwed up copyright laws are (especially in the US but it is having a viral effect accross the pond), then go after Congressmen and the lawyers egging them on. I like the idea put forth by a Judge in Canada (sorry, can't remember my source to cite) where he proposed limiting the length applied (it used to be 28 years max here) and change copyright to fall under tort rules. Meaning that you could never really criminalize it. Tort law litigation would mean that a plaintiff would actually have to prove they were legally "wronged" and further prove real damages. The only results would either be an order to stop the injurous activity and/or monetary damages. None of this "you will go to jail if you copy that CD" BS. I think that makes a whole lot more sense than the pseudo-criminalization we have now.
    • "The Dead's backtrack on their standards shows how corrupting law can be."

      Don't blame the law. Humans have been hypocrites since before laws existed.
    • anarchocapitalism? wtf? care to point me at some references? It sounds really scary - no authority, physical ownership is all. Does that mean the biggest scariest most violent thugs with the biggest guns rule and everybody else gets to be their slaves? who looks after the non-violent and physically weak? What would be the closest modern example? Somalia?
    • by mumblestheclown ( 569987 ) on Friday December 02, 2005 @10:45AM (#14165558)
      No job requires copyyright.

      Only on slashdot will you find posts so naive and ignorant, and yet so brazen about it.

    • by performing a service for their customers worthy of continual profits. No job requires copyyright.

      How do you define "continual?" Say I publish a book and sell it today. Why, my work might even interest people for the whole rest of the week, selling copies for days on end. So, I worked for the last 3 years to produce the material, and then - whoa! - I'm making "continual" profit for several days following! You must be horrified by my greed and the "monopoly" on my own work. Just continuing, Monday, Tues
    • It is ridiculous to make income off of non-continuing work? I hope you don't have a 401k. Or any other type of investment. Geeze, get in touch.
  • Not quite reversed (Score:5, Informative)

    by LiquidCoooled ( 634315 ) on Friday December 02, 2005 @09:52AM (#14165212) Homepage Journal
    From boingboing [boingboing.net] (where I saw this initially) comes the following:

    He said the band consented to making audience recordings available for download again, although live recordings made directly from concert soundboards, which are the legal property of the Grateful Dead, should only be made available for listening from now on.

    They are not reopening it back up fully. They are removing something which was granted to them earlier.
    • yes, but the standard for most taper-friendly bands is to allow audience recordings and not soundboards. after they were big, the dead didn't really allow soundboards, so you can download aud's of the shows from the 60's-70's, but not the audience recorded soundboards (they used to let tapers tap into the board). recordings from that era that were not soundboards are not necessarily terrible quality, in fact some are pretty good. there are a lot of fans who prefer audience copies to soundboard because a
      • except that he GD routinely allowed tapers to tap into the soundboards. As I understand it, thats where the majority of these soundboards came from
        • you must've missed that part of my post... that practice stopped eventually.

          but yes, that's where those sbd copies came from, however, those aren't even the quality that an official sbd is.
    • I don't have a problem with this. Yes they took it away. But if you already have it you can still trade it/give it away. The audience tapes turned downloadable files were the real issue for me. They were made by someone besides the band with the band's blessing. People spent a lot of time taping them, converting them and then putting them up on archive. Let us keep them.

      Their vault from the sbd is theirs to do with what they will and although I feel I may need to wait a while before I'll be able to buy many
  • Quotes from the band (Score:5, Informative)

    by rsidd ( 6328 ) on Friday December 02, 2005 @09:53AM (#14165220)
    Phil Lesh (bassist) was not consulted [phillesh.net] about the takedown.

    John Perry Barlow (lyricist, but he has other claims to fame outside the Dead) was not happy [boingboing.net]. In this story he blames it on the drummers (Mickey Hart and Bill Kreutzmann). The NYT quoted him [nytimes.com] as having had a "pretty heated discussion" with Weir, guitarist and his songwriting partner. Robert Hunter (Jerry Garcia's lyricist) was reportedly not happy either but is silent.

    I'm just disappointed, that's all.

  • by warmcat ( 3545 ) * on Friday December 02, 2005 @09:55AM (#14165229)
    ''Grateful Dead "reversal" on fan-recordings is a smokescreen

    Yesterday, I blogged stories about various Grateful Dead spokespeople and band-alumni making promises to reverse their attack on fan-recordings that are hosted at the the Internet Archive (these recordings were made by dedicated fans with the band's explicit blessing, and have been the core of an decades-old evangelical unpaid promotional campaign by Deadheads that has returned a gigantic fortune for the band).

    However, it appears that all the talk about "communications SNAFUs" was a smokescreen for a half-assed compromise that leaves the highest-quality recordings available only as streams, meaning that they can no longer be simply downloaded from the Archive and traded on. ...''

    Whole article [boingboing.net]
    • I don't understand the difference between the recordings being available only as streams, and for downloading.
    • However, it appears that all the talk about "communications SNAFUs" was a smokescreen for a half-assed compromise that leaves the highest-quality recordings available only as streams, meaning that they can no longer be simply downloaded from the Archive and traded on. ...''

      Exactly, while there are some high quality AUDs out there they just aren't the same as the SBDs. The Dead made millions on tour and they likely didn't need any more money to be coming in from the sale of their music so they never cared a
  • SUMMARY (Score:5, Informative)

    by GreyPoopon ( 411036 ) <[gpoopon] [at] [gmail.com]> on Friday December 02, 2005 @09:55AM (#14165235)
    In summary:

    Bob Weir, Mickey Hart and Bill Kreutzmann were greedy because they felt the 50,000,000 per year that the band earned while Jerry Garcia was alive just wasn't enough to retire on. They threw a tantrum. Archive.org attempted to do what they though the Dead wanted and removed all the music.

    John Perry Barlow, Phil Lesh and others disagreed, holding true to Garcia's attitude about trading. Live-recorded music (by fans) is restored to Archive.org; studio recordings are not.

    Deadheads are freaking out and suffering from disillusionment. The question of whether the more pristine studio recordings should be allowed is not yet answered.

    • Re:SUMMARY (Score:5, Informative)

      by BushCheney08 ( 917605 ) on Friday December 02, 2005 @10:04AM (#14165278)
      Close. My understanding is that it's the soundboard recordings of concerts that are still being disallowed. Obviously, studio recordings wouldn't be allowed anyway under copyright law.
    • Let's face it: The spirit of this band died with its leader. The Grateful Dead have turned into a bunch of ingrates.

      Barlow and Lesh need to be very vocal about this if they truly disagree. It is the only thing that can hold them together at this point.

    • AFAIK, Weir was never implicated in this. Everything I've read has been very fuzzy about specifically which members of the band were involved - can you cite something more authoritative?
  • by dbmasters ( 796248 ) on Friday December 02, 2005 @09:56AM (#14165245) Homepage
    Much like Metallica and any other band that stuck their nose into this whole issue, they have every right to try to control their music any way they want to. It's their intellectual property.

    That saidm as the Grateful Dead has always stood in favor of tape trading, going so far as to set up special areas at shows for "tapers", they really should have seen the backlash and shut their mouths. I am a life long deadhead, with many tapes of shows...the unique thing that set them apart from the pack is the fact they were not a studio band, they were a live band. No recording, audio or video, will ever capture the moment of a show. I have seen many, the vibe in the room, among the people and the band, the long shows, long free for all jams inspired by the moment can be replayed and replayed again, but those same notes, same chords, same jams on tape will never match standing there, beer (or whatever) in hand, watching it unfold live.

    It's not the music with the Grateful Dead, it's the experience.
  • by GroeFaZ ( 850443 ) on Friday December 02, 2005 @09:57AM (#14165247)
    From Grateful over Ungrateful back to Grateful. The REAL news, however, would be if that transition happened with the other part of their name.
  • by SlashAmpersand ( 918025 ) on Friday December 02, 2005 @10:00AM (#14165255)
    The RIAA announced lawsuits against 1244 Deadheads today. Although the Deadheads are downloading the music legally, the RIAA is going after them anyway. "These Deadheads, they're sitting there with their tie-dye t-shirts, their sunglasses and bandannas, and their downloading music! We're confident that we'll prevail, because downloading music is wrong in the strict Biblical sense. Have you ever heard of Jesus downloading music? Did Moses use Limewire? No. Let's face it, we're on the right side here." The latest set of hearings were delayed when the RIAA representative noticed that the courtroom stenographer was wearing a set of earphones, and accused her of downloading music, leading to an attack by the RIAA lawyers. The courtroom was cleared, but not before the stenographer's wallet was picked bare and she'd been served with two separate lawsuits.
  • by digitaldc ( 879047 ) * on Friday December 02, 2005 @10:01AM (#14165261)
    "once we're done with [the music], you can have it." - Jerry Garcia
    Bassist Phil Lesh echoed that sentiment--quoting Garcia in an interview with Charlie Rose on CBS's 60 Minutes in 2004: "Jerry put it the best, as he frequently did, 'Let 'em have it. When we play it, we're done with it."

    from: http://www.archive.org/iathreads/post-view.php?id= 49496 [archive.org]

    The Dead also released a disclaimer about their live music:
    MP3 STATEMENT TO MP3 SITE OPERATORS
    The Grateful Dead and our managing organizations have long encouraged the purely non-commercial exchange of music taped at our concerts and those of our individual members. That a new medium of distribution has arisen - digital audio files being traded over the Internet - does not change our policy in this regard.
    Our stipulations regarding digital distribution are merely extensions of those long-standing principles and they are as follows:
    No commercial gain may be sought by websites offering digital files of our music, whether through advertising, exploiting databases compiled from their traffic, or any other means.
    All participants in such digital exchange acknowledge and respect the copyrights of the performers, writers and publishers of the music.
    This notice should be clearly posted on all sites engaged in this activity.
    We reserve the ability to withdraw our sanction of non-commercial digital music should circumstances arise that compromise our ability to protect and steward the integrity of our work.

    Jerry Garcia did not care about people taping or downloading their music, he thought any live show could be shared and traded by anyone for their personal use, but not to copy and sell for profit. I would think the rest of the band would respect his wishes. Long live Jerry.
    http://www.people4peace.net/pix/people4peace/jerry -garcia.jpg [people4peace.net]
  • by gowen ( 141411 ) <gwowen@gmail.com> on Friday December 02, 2005 @10:03AM (#14165275) Homepage Journal
    What a long, strange trip it's been...
  • Be Like Mojo (Score:3, Interesting)

    by Bullfish ( 858648 ) on Friday December 02, 2005 @10:07AM (#14165291)
    Too bad more bands aren't like Mojo Nixon. This kerfuffle never would happen. He actively encourages you to download his music and share it. Mind you, he doesn't have to wrassle other members of the band.
  • What? (Score:2, Insightful)

    by Anonymous Coward
    "The Grateful Dead remains as it always has--in favor of tape trading,"

    Except for last week, when we were against it.

    It's a dead giveaway (no pun intended) when someone claims they're not about money, that they're most likely about money.

    No amount of backtracking will change that now, you've shown your true colors guys.

    • Re:What? (Score:4, Informative)

      by li99sh79 ( 678891 ) <sam AT cosmic-hippo DOT org> on Friday December 02, 2005 @10:38AM (#14165509) Homepage Journal

      Not true, the Dead never said anything about trading recordings of their shows, that was still kosher. What they yanked was the ability to go to a single resource, archive.org, and download a copy. bt's were still viable, as were regular old snail-mail trades/B&P's. Now, to the best of my knowledge, you can still trade the sbd's, you just can't download from archive.

      It's not really that big a deal since there are plenty of bands that allow taping but don't allow their shows to be hosted on archive.org (phish, DMB, ABB to name a few).

      -sam
  • that they call them the "surviving" members? it's not like the're lynyrd skynyrd.
  • If they don't have it archive try bt.etree.org [etree.org], The Traders Den [thetradersden.org] or FurthurNET [furthurnet.org]. You may even get to talk to some cool chicks or hoopy froods... :-)
  • Simple solution. Don't go to any more Grateful Dead concerts! er...

  • This article is out of date, and is just the sort of BS the GD PR men are trying to get dispersed. They have not reversed their position, rather, they've made allowances for a small portion of the songs hosted at at archive.org to be downloadable and the rest to be streamable. Now maybe you and I can rip a stream to mp3 but it's not in the regular joes vocabulary.

    This is bullshit, all of that music was made available by the band for the fans, and now the greedy bastards are trying to renege on the deal.
  • I should be used to this by now, having my ideals shattered but this is ridiculous. If it weren't for Phil in all this, I'd be selling all my Grateful Dead merchandise right now. As it stands I think I have some Mickey Hart CD's that I want to give away. Really.

    Bob, Bill, Mickey, I had great respect for you but now I think it's time you guys move on as it's gone now and there's really no way to get it back. Don't expect any sales of your collaborative works as I refuse to support you should you decide to

    • I don't get it. Your fandom is so fickle, that one week of bad news for you, and suddenly you hate the band? I can't believe the reaction I'm seeing from GD fans. For a long time, the Internet Archive and the Grateful Dead were freely GIVING away high quality show downloads. There were hundreds and hundreds of shows available for your collection and you had ample time to save each and every one. To this day, every single show is still available for your listening whenever you want.

      Morals established

  • by pbooktebo ( 699003 ) on Friday December 02, 2005 @11:26AM (#14165870)
    I have used this archive on archive.org of Dead music with my students. I'm interested in teaching students not only that downloading music can be illegal, but that much content is completely legal (as well as free and open source/Creative Commons, etc.).

    The Dead music has one of the clearest statements that non-commercial sharing of their live recordings (save a few dates that were listed in the agreement) is legal, and I like to have my students make a mix CD of great tunes, with liner notes, etc. Fun, legal, and the music is also interesting to talk about.

    I was truly disappointed in the news initially, and think that this is an acceptable compromise.
  • The Dead == The Man (Score:3, Interesting)

    by Doc Ruby ( 173196 ) on Friday December 02, 2005 @12:03PM (#14166158) Homepage Journal
    "The site will restore fan-made recordings; however, the more pristine soundboard recordings will remain off-limits for now."

    That article is full of PR - known to Deadheads as "BS". The band has not reversed its decision: they are keeping the soundboards off Archive.org, just like they originally did. Obviously their lawyers told them it would be much harder to control audience mic recordings that they sanctioned, which they authorized people to make, and which people likely own their own copyrights on.

    Phil Lesh, the best musician (bass) in the band after Garcia, and long the innovator in their archives, said " "I was not part of this decision-making process and was not notified that the shows were to be pulled". This is the guy who instigated Grefolded [google.com], probably the best production of GD recordings, and also the only post-GD performer consistently worth seeing (if you're into that kind of thing). Not only did the band change their policy against his own, but they didn't even ask or even notify him that his "legacy" was now interrupted.

    David Gans, professional Deadhead (selling "official" Deadhead books and ads on his Deadhead radio show), spewed doubletalk:

    '"First of all, when Jerry said that...tape trading was an important aspect of life in the Deadhead community. It was a one-to-one affair, for the most part...largely a manifestation of our love for the music and our desire to enlighten the world and turn our friends on.

    "That is a far cry from what is happening now. The Internet Archive and all the other online distribution sources are high-speed, mass-distribution systems that make the best quality recording available to all who know where to look for them. That is a good thing, of course, culturally--but there is an economic element to this that must be taken into account."
    '

    Even as he admits the Archive.org soundboards are "good culturally", he introduces his own vested interest opposing that culture: the "economic element" that appears nowhere in Garcia's original policy, or anywhere in the love for music or desire to enlighten the world or turn friends on. FWIW, Gans never respected archives except when he could profit from them. The archivist of Bill Graham Presents (long their show producer in the SF area, NYC and beyond) was shocked to find that Gans, after being left alone with the BGP archive of GD material (photos, posters, letters, etc), had cut them up and stolen a lot of irreplaceable material, to make his 1980s book. This guy doesn't care about the legacy, the archives, the music, or anyone else's access to it, except after he has taken his cut, regardless of the damage he does.

    The fact is that the Grateful Dead lasted a lot longer than anyone expected: 30 years. Along the way, lots of people got a ride on the gravy train. The Dead's commercial recording releases were never that good, never made them as much money as their neverending tours. They mismanaged most of their careers, paying for a huge, fun extended family that required 200 performances a year for decades, rather than creating a self-perpetuating system to profit off the vast audience that has outlived the band (and several of its members). Free distribution among fans kept the dream going, promoting music that the music industry, including the band, never could promote commercially. Deadhead traders have always been at the forefront of field recording, reproduction/remastering, the Internet itself, as well as psychedelic frontiers for which they're better known. But now that the drummers and some hangers-on can't sell tickets to their shows, haven't invested their totally unexpectedly profitable youth in sustainable champagne and caviar for their old age, they're grabbing at any profits they see dancing away. They have become just like the rest of the poser hippies-turned-yuppies who lied about seeing them at Woodstock. Too bad they're trying to fight the Internet they helped create: just another gang of Baby Boomers who won't even be noticed as the Net drives over their carcass, roadkill on the Info Superhighway.

"More software projects have gone awry for lack of calendar time than for all other causes combined." -- Fred Brooks, Jr., _The Mythical Man Month_

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