Available here.
Sunday, August 28, 2011
Wednesday, August 24, 2011
Graduated Response in Australia?
News today that the Australian Attorney General's Department has arranged a meeting for next month between the content industry and ISPs to discuss potential changes to the Copyright Act to increase the regulation of online piracy. This is likely to include a discussion on the need for a graduated response scheme to be introduced either through cooperation with ISPs or through legislation. So far it seems that Telstra are the only confirmed attendees but others invited include the Australian Content Industry Group, AFACT, Digital Entertainment Alliance Australia. Optus, the Internet Industry Association and the Communications Alliance. There is no one representing consumers interests.
I urge all readers to contact the Attorney General's Department and insist that some one, perhaps Electronic Frontiers Australia, be invited to attend on behalf of internet users. You can contact the Attorney General's Department by emailing attorney@ag.gov.au.
Further Reading
The Australian, A-G in call for talks on online piracy (24 August 2011) < http://www.theaustralian.com.au/australian-it/a-g-in-call-for-talks-on-online-piracy/story-e6frgakx-1226120005661 > at 24 August 2011
Torrent Freak, Australia Steps Closer To 3-Strikes for Pirates (22 August 2011) <http://torrentfreak.com/australia-steps-closer-to-3-strikes-110822/> at 24 August 2011
TechDirt, Australian Government Considering Three Strikes; Consumers Not Considered Stakeholders (23 August 2011) < http://www.techdirt.com/articles/20110823/00124415627/australian-government-considering-three-strikes-consumers-not-considered-stakeholders.shtml > at 24 August 2011
I urge all readers to contact the Attorney General's Department and insist that some one, perhaps Electronic Frontiers Australia, be invited to attend on behalf of internet users. You can contact the Attorney General's Department by emailing attorney@ag.gov.au.
Further Reading
The Australian, A-G in call for talks on online piracy (24 August 2011) < http://www.theaustralian.com.au/australian-it/a-g-in-call-for-talks-on-online-piracy/story-e6frgakx-1226120005661 > at 24 August 2011
Torrent Freak, Australia Steps Closer To 3-Strikes for Pirates (22 August 2011) <http://torrentfreak.com/australia-steps-closer-to-3-strikes-110822/> at 24 August 2011
TechDirt, Australian Government Considering Three Strikes; Consumers Not Considered Stakeholders (23 August 2011) < http://www.techdirt.com/articles/20110823/00124415627/australian-government-considering-three-strikes-consumers-not-considered-stakeholders.shtml > at 24 August 2011
Tuesday, August 23, 2011
MP3 Tunes & The Future of Cloud Music
The long awaited decision in the MP3 Tunes case has just been handed down with what looks to be a positive ruling for music locker services. The case concerned the failure to remove infringing files from users lockers once notified by EMI that they were being used illegally. While the decision ultimately saw the site and its operator, Michael Robertson, liable for copyright infringement, the judge has given a green light to the continued operation of the service, signalling a positive basis for the introduction of Amazon and Google's new services - without licences from the recording industry.
The court held that MP3 Tunes could not have reasonably known that illegal files were being stored on its service and without notification from rights holders, was under no obligation to conduct a search or investigation to establish the legitimacy of the songs. Furthermore, the court held that any increase in traffic or usage due to the availability of the music locker, was not of itself proof that inducement or authorisation of copyright infringement had taken place.
MP3 Tunes only lost its DMCA safe harbour protection when it failed to remove files that it had been advised by rights holders were illegal - it disabled access to them by removing them from the search mechanism but did not take the added step of removing the files altogether. Robertson was held liable for direct infringement after it was established that he had used the company's app 'sideload.com' to bring illegal files into his personal locker space.
Further Reading
TechDirt, MP3Tunes Ruling Protects DMCA Safe Harbors (22 August 2011) < http://www.techdirt.com/articles/20110822/17284715623/mp3tunes-ruling-protects-dmca-safe-harbors.shtml > at 23 August 2011
ArsTechnica, Record labels get hollow victory in MP3tunes infringement case (22 August 2011) < http://arstechnica.com/tech-policy/news/2011/08/record-labels-get-hollow-victory-in-mp3tunes-infringement-case.ars > at 23 August 2011
The court held that MP3 Tunes could not have reasonably known that illegal files were being stored on its service and without notification from rights holders, was under no obligation to conduct a search or investigation to establish the legitimacy of the songs. Furthermore, the court held that any increase in traffic or usage due to the availability of the music locker, was not of itself proof that inducement or authorisation of copyright infringement had taken place.
MP3 Tunes only lost its DMCA safe harbour protection when it failed to remove files that it had been advised by rights holders were illegal - it disabled access to them by removing them from the search mechanism but did not take the added step of removing the files altogether. Robertson was held liable for direct infringement after it was established that he had used the company's app 'sideload.com' to bring illegal files into his personal locker space.
Further Reading
TechDirt, MP3Tunes Ruling Protects DMCA Safe Harbors (22 August 2011) < http://www.techdirt.com/articles/20110822/17284715623/mp3tunes-ruling-protects-dmca-safe-harbors.shtml > at 23 August 2011
ArsTechnica, Record labels get hollow victory in MP3tunes infringement case (22 August 2011) < http://arstechnica.com/tech-policy/news/2011/08/record-labels-get-hollow-victory-in-mp3tunes-infringement-case.ars > at 23 August 2011
Friday, August 19, 2011
Thursday, August 18, 2011
30 Years Of Music Industry Change, In 30 Seconds Or Less...
Great animated pie chart from Digital Music News showing changing revenue sources for the US music industry over the last 30 years... check it out!
Further Information
Digital Music News, 30 Years Of Music Industry Change, In 30 Seconds Or Less... (16 August 2011) < http://www.digitalmusicnews.com/stories/081611thirty > at 18 August 2011
Further Information
Digital Music News, 30 Years Of Music Industry Change, In 30 Seconds Or Less... (16 August 2011) < http://www.digitalmusicnews.com/stories/081611thirty > at 18 August 2011
Wednesday, August 17, 2011
How Musicians Can Use Creative Commons
A great read for the independent muso.
Further Information
The DIY Musician, How Musicians Can Use Creative Commons (12 August 2011) <http://diymusician.cdbaby.com/2011/08/how-musicians-can-use-creative-commons/> at 17 August 2011
Further Information
The DIY Musician, How Musicians Can Use Creative Commons (12 August 2011) <http://diymusician.cdbaby.com/2011/08/how-musicians-can-use-creative-commons/> at 17 August 2011
Tuesday, August 16, 2011
Musicians & The Cloud
Future of Music Coalition Deputy Director Casey Rae-Hunter and TuneCore Founder/CEO Jeff Price:
Facebook Guide to Building Band Pages
Here is a great link from Digital Music News, it contains the facebook guide to building a band page. Since the advent of social networking, bands have been able to communicate directly with fans, I myself have 'liked' quite a few bands and love hearing about their adventures with lots of photos and dates for gigs. Those looking to embrace social media should start with this guide as it contains a lot of great tips for maximising band exposure and followers.
Further Information
Digital Music News, Facebook's Complete Guide to Building a Band Page... (3 August 2011) < http://www.digitalmusicnews.com/stories/080311facebook > at 16 August 2011
Further Information
Digital Music News, Facebook's Complete Guide to Building a Band Page... (3 August 2011) < http://www.digitalmusicnews.com/stories/080311facebook > at 16 August 2011
iiNet goes to the High Court
News recently that the High Court in Australia has given leave to appeal the iiNet case. This case concerns the liability of ISPs in this country for copyright infringement. The case turns on whether the ISPs authorised the illegal file sharing by failing to disconnect users that engaged in such activity.
Further Information
Australian Copyright Council, High Court to hear appeal in iiNet case (12 August 2011) < http://www.copyright.org.au/news-and-policy/details/id/1992 > at 16 August 2011
AFACT, IINET CASE: FILM STUDIOS SEEK LEAVE TO APPEAL TO THE HIGH COURT (24 March 2011) < http://afact.org.au/pressreleases/2011/24-3-2011.html > at 16 August 2011
Further Information
Australian Copyright Council, High Court to hear appeal in iiNet case (12 August 2011) < http://www.copyright.org.au/news-and-policy/details/id/1992 > at 16 August 2011
AFACT, IINET CASE: FILM STUDIOS SEEK LEAVE TO APPEAL TO THE HIGH COURT (24 March 2011) < http://afact.org.au/pressreleases/2011/24-3-2011.html > at 16 August 2011
Wednesday, August 10, 2011
Eskimo Joe - Why Music Matters Au/Nz
Why Music Matters Australia/New Zealand have launched their first animations today - they are starting out with five as part of their anti piracy education campaign. You can check out the clip from Eskimo Joe here:
Wednesday, August 3, 2011
Monday, August 1, 2011
Bliss n Eso
Here is a great political song from Bliss n Eso, one of the few releases in recent years to address global warming. I love this group and this is a great clip well worth checking out.
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