September 25, 2003

Music piracy on the global stage

NY Times: U.S. Is Only the Tip of Pirated Music Iceberg.

Posted by jdlasica at 11:28 PM | Permalink | Conversation (0) | TrackBack (0)

Today's presidential debate

Watching the Democrats' presidential debate tonight on MSNBC (TiVo'd, of course, so I can fast-forward through Kucinich and Graham). Quick impressions:

- The winner tonight seemed to be Gen. Wesley Clark, not because of any rhetorical flourish, but because he didn't stumble. In fact, he acquitted himself pretty well and seemed not out of place on the podium, despite being a politician for all of nine days.

- It seemed by far the best showing for the two Johns, Edwards and Kerry. It may be too late for Edwards, but Kerry's still showing some life. His attacks on Dean seemed a little shrill, though, as both of them are positioning to become two of the last men standing in late January (Clark vs. Kerry or Clark vs. Dean).

- Dean seemed to be on the defensive most of the night. (And why has he forgotten to smile?) He's got to get off the "repeal all the Bush tax cuts" meme and get behind a tax cut or exemption for working families and the middle class. I don't see a national constituency coalescing behind a platform of tax hikes in favor of expanded health care and a balanced budget. He's also got to stop the somewhat elitist suggestion that $325 or $1,000 in taxes doesn't really matter to ordinary Americans. Yes, their property taxes and school tuitions have gone up, but those higher taxes and fees aren't going away. The Dean brain trust needs to do some work.

- Brian Williams (probably my favorite network anchor, though he's invisible at MSNBC) proved a terrific moderator, with measured tones and timely humor. The journalists asking the questions were outstanding.

Here's some press coverage:

- Slate: It's the First Debate of the General Election. So, why are the Democrats ignoring Wesley Clark.

- Salon: Democratic rivals target Bush -- and Dean.

- Minneapolis Star Tribune: Clark makes debut with Democratic presidential opponents.

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'Hollywood magic' for home video

I don't generally run press releases for new products, but I'm a big fan of multimedia software that encourages personal creativity. I think we'll see an explosion in home moviemaking over the next five years. So this may be a little ahead of the curve, but perhaps there's already a market for licensed soundtrack music for homemade film shorts and family videos.

Richard Manfredi, PR director for SmartSound Software, passes along word that this week SmartSound released five new music CDs in its Movie Music library. Says Richard:

These tracks are designed for use with SmartSound's Movie Maestro soundtrack creation software, and feature moods and styles that are a great fit for any home video creator who wants a Hollywood soundtrack for their projects. Movie Maestro is an ingenious software product that creates soundtracks that exactly fit any length of video footage, with the user needing to be a music expert.
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'We Media' in html

Shayne Bowman over at Hypergene Media has formatted an HTML version of the New Directions for News report "We Media: How audiences are shaping the future of news and information." Previously it was available just in PDF form.

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Dean declares war on King George

Salon has reprinted excerpts from Howard Dean's campaign speech at Copley Square in Boston on Tuesday: Dean declares war on "King George." Presidential candidate Howard Dean calls upon today's Sons of Liberty to overthrow a government that is "of, by and for the special interests."

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When journalists don't credit their sources

Rafat Ali, editor of paidContent.org, makes a good point today that's worth underlining. Let him tell it:

It is amazing how major, respectable media companies like CNET News and AP don't know how to credit stories, especially stories done by small media/ trade sites. The Red Herring resurrection story was done by me on Sep 9, after a long, hard investigation. And they pick up the story, have no attributions, and never mentioned that I reported on it first. A very similar thing happened to me with the KeepMedia story: I did it on June 30, after another long investigation, and then the Wall Street Journal picks it up on July 21, writes this whole big story, and never credits me. I e-mailed the reporter, who said he never did know I did the story. I can understand that, but in this day and age of Google, any half-wit reporter would put some keywords in Google and find out if anyone else has done anything on it before. For instance, click on these Google keywords: "Red Herring Relaunch" and "KeepMedia". We call it research.

Anyway, I find it strange then when other blogs write about the stories I have done, they ALWAYS credit me, but when traditional news orgs pick it up, they never do (except CBS Marketwatch!). Some who do, fail to ever link back to the site, the most basic, fundamental backbone of the Internet.

Please, take this is a public warning and a challenge: all you journalists who read my stories and don't credit, I will hunt you down and bring it to the court of public opinion. Enough of you guys milking the actual people who break the news. All I am asking is for a credit, like I do religiously when I pick up news from other sources. My whole raison d'Ítre is crediting other news sources.

Right on, Rafat! As a newsroom veteran, I've encountered this on far too many occasions. I made a similar point in a panel discussion on weblogs one year ago:

[With weblogs] you can see the origins of a story as it works its way through the media ecosystem, whereas in traditional journalism you're taught to slap a second-day lead on a story, and the reader doesn't get the context of how that story originated.

When I made that remark, Dan Gillmor leaned over and asked me, "Do you really think that happens a lot?" Yes, and as Rafat suggests, it's happening more often with bloggers.

Thanks to Steve Outing for the original pointer on this.

Posted by jdlasica at 02:25 PM | Permalink | Conversation (2) | TrackBack (0)

Mike Masnick said:

While I agree that news sources do steal stories and not credit people often enough, I think the two examples by Rafat don't really make sense. He runs a great site, and really turns up some amazing stuff - but if the reporter truly didn't find the story at his site then why should they credit him?

In the case of the Red Herring relaunch, the reason the story got picked up now is because they actually relaunched and went out and told the press about it. They know about it not because of Rafat's excellent research, but because the new Red Herring owners told them about it.

I'm all for more credit being given where it's due, but I don't think you should be forced to do a Google search and prove that no one (independently) came up with the same story.

the head lemur said:

J.D.

This should be a regular feature on journalism blogs. We have had this conversation before, not so much about credit, but about sources and linking to them. Because I am not a card carrying, press pass displaying, or byline holder, most of these comments will probably fall by the wayside by the selfsame 'professionals'. That's okay, been there, done that , have the t-shirt.

I don't know if it is J-Schools or institutional arrogance but most major media outlets do not source on the web. Minor media outlets seem to publish the scraps from the AP or Reuters news services as fillers between ads.

The guy above is making an ad hominen argument by virtue of since he didn't find it on one site but on another, the credit is not an issue?

I mean really how damn hard is it to provide a link to your source material? Yes, in the case where you link to the NYT, or the other news sites that are running a 7-14 day paywall game, it is problematic, but over time, it is to the detriment of those organizations and not the original poster.

I am not the lone ranger here when I say that the frequency of reading any site is in direct proportion to the quantity, and quality of links to establish credibility of a person's writings, reporting, opinion or raving lunacy.

Rafi is right when he says he can take his problems to the court of public opinion. There are a lot of us out here who will be more than happy to bitchslap folks who want to cut and paste.

Our media multitasking teens

Cory B. in Lost Remote points to this study about our very media multitasking teens. "More than 60 percent of teens say they regularly go online while watching TV." And I thought it was just me.

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A copyright ethics quiz

From the Chicago Tribune comes this copyright ethics quiz. At 28 questions, it's too long, but it zooms in on some important questions facing society. Example:

You bought the vinyl LP years ago. Now you no longer have a turntable. Is it OK to download the album or burn a copy from a friend's CD without paying for it?

Fascinating stuff. Chicago Tribune blogger Eric Zorn, who devised the poll, has an accompanying column about digital rights and copyright, "an area of law with lots of wrinkles, few sharp boundaries and enormous gray areas." And Eric's blog points us to a sampling of national surveys on the subject.

I don't know how long the blog poll will be up so, ironically perhaps, I'm reposting the results to date below.

1. You hear or hear about a song that you think youíd like to have. Is it OK to download that song from a free file-sharing site on the web?

A. Yes, always (38%)
B. Yes, but only occasionally (20%)
C. No (42%)

2. You hear or hear about an entire album that you think youíd like to have. Is it OK to download that album from a free file- sharing site on the web?

A. Yes, always (22%)
B. Yes, but only occasionally (10%)
C. No (68%)

3. You hear or hear about a song that you think youíd like to have. Is it OK to burn a copy of that song from a CD that a good friend bought?

A. Yes, always (53%)
B. Yes, but only occasionally (17%)
C. No (30%)

4. You hear or hear about an album that you think youíd like to have. Is it OK to burn a copy of that album from a CD that a friend bought?

A. Yes, always (43%)
B. Yes, but only occasionally (16%)
C. No (42%)

5. You bought the vinyl LP years ago. Now you no longer have a turntable. Is it OK to download the album or burn a copy from a friend's CD without paying for it?

A. Yes, you paid for the music once and that's enough (75%)
B. No, you should pay again in order to have the music in a new format. (25%)

6. You bought the CD a year ago, but now itís lost or ruined. Is it OK to download the album or burn a copy from a friend's CD without paying for it?

A. Yes, you paid for the music once and that's enough (74%)
B. No, it's still stealing. (26%)

7. You love the CD you bought by the hot new pop star. Is it OK to burn a copy of the CD for your friends?

A. Yes, for 20 or more friends (15%)
B. Yes, but only for 10 to 20 friends (0%)
C. Yes, but only for fewer than 10 friends (4%)
D. Yes, but only for fewer than five friends (22%)
E. Yes, but only for just one friend (13%)
F. No. Friends should buy their own copy of the music and support the artist (45%)

8. You love the CD you bought by the local struggling musician Is it OK to burn a copy of the CD for your friends?

A. Yes, for 20 or more friends (14%)
B. Yes, but only for 10 to 20 friends (1%)
C. Yes, but only for fewer than 10 friends (3%)
D. Yes, but only for fewer than five friends (14%)
E. Yes, but only for one friend (11%)
F. No. Friends should buy their own copy of the music and support the struggling artist (58%)

9. A friend tells you she loves the new CD she bought by the hot new pop star, and offers you a pirated copy. Is it OK to take it?

A. Yes, always (33%)
B. Yes, every so often, as long as you don't make a habit of it. (11%)
C. Yes, but only if it inspires you later to buy a different album by that same artist (4%)
D. Yes, but only on the condition that if you like it, you'll buy the album later (8%)
E. No. You should ask to borrow the original so you can try before buying (28%)
F. No. You should write down the title and artist name and buy the album yourself (16%)

10. A friend tells you she loves the new CD by the local struggling musician and offers you a pirated copy? Is it OK to take it?

A. Yes, always (24%)
B. Yes, every so often, as long as you don't make a habit of it. (8%)
C. Yes, but only if it inspires you later to buy a different album by that same artist (5%)
D. Yes, but only on the condition that if you like it, you'll buy the album later (11%)
E. No. You should ask to borrow the original so you can try before buying (33%)
F. No. You should write down the title and artist name and buy the album yourself (18%)

11. Is it OK to use your VCR to create videotape library of episodes of your favorite TV programs for your personal use, even though the studios sell such libraries?

A. Yes (93%)
B. No (7%)

12. Is it OK to use your VCR to create videotape library of episodes of your favorite TV programs and then lend or give those tapes to friends?

A. Yes, to 20 or more friends (40%)
B. Yes, but only to 10 - 20 friends (1%)
C. Yes, but as long as it's to fewer than 10 friends (5%)
D. Yes, but as long as it's to fewer than five friends (18%)
E. Yes, but as long as it's for just to one friend (13%)
F. No. (24%)

13. Does it make any difference, above, if the program was on free TV as opposed to on a subscription service, such as HBO, to which your friend does not subscribe?

A. No, the principle is the same and it's always OK (54%)
B. No, the principle is the same and it's sometimes OK, depending on the number of friends involved (15%)
C. Yes: HBO is OK, but people should make their own free-TV program anthologies (3%)
D. Yes: Free TV is OK, but no one should be allowed to freeload off HBO or the like. (8%)
E. No, it's never OK (19%)

14. You read a fabulous column in the newspaper. Is it OK to make photocopies and pass or mail them around to friends and neighbors?

A. Yes, for 20 or more copies (54%)
B. Yes, but only for 10 to 20 copies. (3%)
C. Yes, but only for fewer than 10 copies (6%)
D. Yes, but only for fewer than five copies (15%)
E. Yes, but only one copy (6%)
F. No. (17%)

15. You read a fabulous work of short fiction in a published anthology Is it OK to make several dozen photocopies and pass or mail them around?

A. Yes, for 20 or more copies (27%)
B. Yes, but only for 10 to 20 copies. (2%)
C. Yes, but only for fewer than 10 copies (5%)
D. Yes, but only for fewer than five copies (11%)
E. Yes, but only one copy (6%)
F. No. (49%)

16. Does it make any difference, in the above question, if the work of fiction is novel-length?

A. No, it's still OK (34%)
B. Yes, copying a novel is wrong, but copying a short story is OK (16%)
C. No, it's still wrong (50%)

17. Does it make any difference, when it comes to copying material that's still under copyright, whether it's out of print or otherwise difficult if not impossible to purchase?

A. No, it's OK no matter what (29%)
B. Yes. If you can't buy it, it's OK to copy it. (45%)
C. No, it's still wrong (27%)

18. You read a compelling article on a magazineís website. Is it OK to copy the text electronically and paste it into e-mail to friends?

A. Yes, to 20 or more friends (49%)
B. Yes, but only to 10 - 20 friends (2%)
C. Yes, but only to fewer than 10 friends (4%)
D. Yes, but only to fewer than five friends (9%)
E. Yes, but only to one friend (4%)
F. No. Websites depend on visitors for revenue. Send your friends the address of the site. (32%)

19. You read a compelling article on a magazineís website. Is it OK to cut and paste the text electronically and post it to an online message board?

A. Yes (28%)
B. No. You can summarize and post brief excerpts, but you should post the web address, not the article (72%)

20. In the above examples, does it make a difference if the website is free to all or available only to paid subscribers?

A. No. Information wants to be free. Send it around. Post it at will. (31%)
B. Yes. If the site is free, send the URL. If it's paid-access, send the text. (20%)
C. Yes. If the site is paid-access, don't try to send the article around. (21%)
D. No, it's always wrong. (28%)

21. Is it OK for the owner of a business to play a music radio station over the intercom to provide background entertainment for employees and customers?

A. Yes, always (71%)
B. Yes, but only if it's a small business. (10%)
C. No, not without paying royalties to the musicians' unions. (19%)

22. You rent a movie from the video palace. Is it OK to show it at a meeting of your club?

A. Yes, always (63%)
B. Yes, but only if the club has 25 or fewer members. (5%)
C. Yes, but only if the club has 10 or fewer members (6%)
D. No. The video is rented for home viewing only, not for showing at a club, no matter how small. (26%)

23. You rent a movie from the video palace and must return it before you can watch it. Is it OK to dub a copy to watch later at your convenience?

A. Yes, you paid for it. (35%)
B. Yes, but only if you erase the copy of the movie after you view it. (17%)
C. No. (48%)

24. You check out a movie from the library and must return it before you can watch it. Is it OK to dub a copy to watch at your convenience?

A. Yes, always (38%)
B. Yes, but only if you erase the copy of the movie after you view it. (16%)
C. No. (46%)

25. A friend offers you a copy of a bootleg recording made at a concert with the permission of the band. Is it OK to take it?

A. Yes. The recording isn't for sale anyway, and it will improve your relationship with the artist. (45%)
B. Yes if he wants to give it to you. No if he wants to sell it to you. (39%)
C. No. Such recordings deprive artists of a market for their own, sanctioned live recordings. (16%)

26. Has the recent publicity about music piracy, file-sharing and so on changed your views about what is and isn't "fair use" of copyrighted material?

A. No, I remain aggressively opposed to attempts to limit my ability to acquire and disseminate material at will. (32%)
B. Yes. Although I'll continue to dabble in everyday copyright violations, I will be thinking twice as I do. (23%)
C. Yes, I'm cutting way back and being much more careful because, hey, it's only right. (11%)
D. Yes, I'm cutting way back and being much more careful because, hey, I might get sued. (9%)
E. Yes, I'm going to be as scrupulous as possible from now on. (14%)
F. Yes, I'm going to be as scrupulous as possible from now on and I plan to destroy all illicit copies in my possession.. (4%)
G. No, I followed the copyright laws before and I'm following them now (6%)

27. How do your feelings about the business / industry behind the artist influence your decision about whether or not to pay for the use of copyrighted material?

A. Not at all. I use what I want and try never to pay. (11%)
B. If an industry has been ripping off the consumer and the artist for years, I'm more likely to try not to pay. (50%)
C. Not at all. Stealing is stealing. Two wrongs don't make a right. (39%)

28. When it comes to everyday copyright dilemmas such as these, how do your beliefs ñ the dictates of your Better Self ñ square with your actual behavior?

A. They are in sync. I take what I can and I believe it's OK (19%)
B. They are not in sync. I believe I should be violating copyright more often than I do (11%)
C. They are not in sync. I violate copyright more than I should. My Better Self reproves me. (38%)
D. They are in sync. I respect copyright and make every effort never to violate it. (32%)

Posted by jdlasica at 01:52 PM | Permalink | Conversation (0) | TrackBack (0)

Lieberman peaks 14 months too soon

In NY Post doings ...

The latest Marist College poll in New York state shows that Sen. Joseph Lieberman is 10 points ahead of his nearest rival, Howard Dean. Which shows how tuned out New Yorkers are to the national election this early.

I'll wager that by the time the New York primary rolls around, Liberman will not only lose, he won't even be in the race. Any takers?

Meantime, a Post editorial today blasts the New York Times for blasting the Times for underplaying coverage of this week's Gallup poll showing most Iraqis think they're better off now than under Saddam. (The editorial isn't online yet.) Sorry, guys, you're missing the point. No one suggests that the Iraqis aren't better off today. But are we?

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Google News creator reflects on success

Staci Kramer's latest in OJR: Google News Creator Watches Portal Quiet Critics With 'Best News' Webby. A year after its launch, the computer-generated aggregator is still taking flak for how it defines news. But Krishna Bharat has had the satisfaction of seeing growing acceptance of his news site. In a Q&A with OJR, he explains how things work behind the screens, and why he calls the site "a force for democracy."

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Toward a weblogging empire

Wired News follows the story of Jason Calacanis, who is resurfacing as the would-be czar of a weblogging clearinghouse.

I hope Jason succeeds. As even he admits, it's an uphill climb. Nick Denton, creator of Gawker and Gizmodo, offers a reality check:

Denton ... fired back on his own site, "Jason Calacanis, founder of Silicon Alley Reporter and boom time hype-merchant, has re-emerged as a blog booster. God help us.... Calacanis is a smart and engaging guy, and I'm a believer in Web media, but the last thing the world needs now is his brand of late '90s enthusiasm. Here's a reality check: Gawker and Gizmodo do about $2,000 each in ad revenue a month. Roughly the earnings of a starving freelance writer."

Meantime, Tony Perkins of Red Herring and AlwaysOn fame pens a column today that might be better titled The Blogging Education of Tony Perkins. I've given in and added AlwaysOn to the blogroll at the right.

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A wireless iPod can torpedo the pirates

Business Week Online: A Wireless iPod Can Torpedo the Pirates. If Apple produced the technology and Big Music revamped its business plan, today's file-swappers would be sunk in no time. (I'm linking to the printer page because the story page isn't rendering properly.)

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For more vigilant coverage of the '04 election

From MediaChannel.org: Blogger Danny Schechter, author of the book Embedded: Weapons of Mass Deception: How the media failed to cover the war on Iraq, has a take on news media coverage of the 2004 election. Excerpt:

Variety reports that "Everyone on the Bus" will be the motto of ABC News during the coming presidential election as network executives recently introduced their plans for covering the campaign. The network introduced several new wrinkles in its 2004 coverage at a news conference: three high-tech-laden buses, described by executives as "mobile bureaus and mobile studios" that are designed to give reporters more flexibility in filing stories on the road; partnerships with two media outlets that reach school-age children; and expanded Internet coverage.

The problem is that once again more attention is being paid to technology and cosmetics than to content and analysis. ...

We need more than news buses on the campaign trail. We need a more vigilant media and media companies willing to allocate time and intellectual capital to improving coverage.

Dead on.

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Dean camp looking for code jockeys

The Howard Dean campaign is looking for a few good Linux jockeys to work on their websites, says Doc Searls.

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Studios try to thwart movie piracy

From today's NY Times: Studios Moving to Block Piracy of Films Online.

Lots of discussion about educating students, but precious little discussion of new digital delivery systems for the motion picture industry.

And John Schwartz follows up on the 66-year-old sculptor and and retired schoolteacher whom the RIAA originally accused of being a music pirate. She Says She's No Music Pirate. No Snoop Fan, Either.


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