Parental Advisory News Report 9.13.09: Recording Labels Vs. Ellen DeGeneres

Posted by Dan Haggerty on 09.13.2009

Major music labels sue new American Idol judge Ellen DeGeneres, FCC statistics are proven to be rigged, Japan’s new plan to end illegal downloading by 2011, Van Halen tour accidently leaked, a major music piracy ring is broken up, it’s the best of NSFW, and we have the final word on American Idol. Click the link for all the stories!

Intro & Feedback!
Sex, Drugs, Rock & Roll
NSFW
Below The Beltway
The Final Word

Welcome back everyone to the news report that isn't afraid to look at the dark underbelly of the entertainment business and ask "What the fuck?" If you want headline news, then you're in the wrong place because I'm looking for the things that fly under the radar. This is front lines and alleyways of the business, along with a few fun bits I pick up the mainstream sites might have missed. We might have a good time, we might toss grenades of napalm, but at the end of the day we'll have fun. Knowledge is power and life is to short to sweat the small stuff. Hopefully this little crazy column serves both.

So with that is mind, don't forget the rules:

PANR RULES

1. There is an arrow button at the top of the screen that points left. Feel free to use it anytime.
2. This column encourages everyone to add intelligent commentary. It's an oasis of critical thinking.
3. This column has an adult advisory label for a reason. This column WILL offend someone.
4. If you are still offended, then grow a pair. I'm not your mommy and I'm not responsible for filling the void where your self-esteem should have been. Buy a hooker and let her give you enough hugs.
5. If you have a problem with any of this see Rule One above.

Hey! I've made it a whole month with this thing. Proof no one checks the office here on Sundays!

Cover Story: Major Labels Sue Ellen For Copyright Infringement

How will they dance around this?

Vivendi Universal, EMI, Warner Music, and Sony Music (i.e. the biggest music labels) have decided to take the war against copyright infringement into real territory now. The copyright lawsuits so far have been news, but fairy quiet in the greater scheme of things since the targets were dead grandmothers, unemployed single moms, and some poor slob who didn't even know how to download. But now this is going to get interesting as they turn their lawyers loose on a celebrity.

The music business has taken am at Ellen DeGeneres for copyright infringement and filed charges against her TV show. It turns out that the songs the show plays when Ellen dances about through the audience have been used without permission or license. Since the show has been running for years now there is over a 1000 documented incidents of Ellen using the songs illegally according to the music industry. The court documents list Arista Music, Atlantic Recording Corporation, Big Beat Records, Capitol Records, Motown Record Company, Priority Records, Rhino Entertainment Company, Sire Records Company, Sony Music Entertainment, UMG Recordings, Virgin Records America, and Warner Bros as the parties seeking damages against the Ellen DeGeneres show. So we are talking everyone whose music she has used.

According to the text of the actual lawsuit the producers have used "recordings by virtually every major current artist of popular music" since its start in 2003 which. Ironically, that is when the industry started to go after downloaders too. That does beg the question why they let the show get away with this for so long.

As for the producers of the show, they have responded to the charges with a very flippant: "We don't roll that way". No shit, that is in the court document. Ha!

There is a lot of fallout from this one. Damn.

First of all, this is going to be a huge PR debacle. The interesting question will be for whom? Ellen's show is the defendant, so they're the ones on defense here. But Ellen is also inexplicably popular and most people don't trust the RIAA consortium, so this could very easily be turned around from an illegal use of music to harassing a favorite daytime host who is only having fun (and promoting musicians music for free). This could backlash against the labels for picking on a harmless comedian who wasn't trading or distributing files. Why it would take this to get a public backlash when suing unemployed mothers for millions doesn't is a crime, but in the world of PR that would be the case here. It's all about national attention when it comes to this stuff, sadly enough.

So Ellen could get dragged down for this, or it could also blow up in the faces of the major labels. The shows producers seem to be ready to fight it from that remark, so this could be a good moment to grab a cold one and some popcorn. This could get fun.

The thing that really matters is what will the settlement be? Likely, the show will eventually avoid a public trial and settle out of court, but the actual terms or final damages are the real story here. IF… and I mean IF the industry tries to back out of this peacefully and settles for something minor, even in the area of a couple hundred thousand with an agreement to pay a licensing fee, what does that say about the industries other criminal cases?

Can a celebrity get away with this while a common everyday person cannot?

If the industry ends up making a deal with a celebrity who could afford the millions of dollars, while dragging everyday people into court who can't afford it, then the industry will be revealed for the fraud they are accused of being. They will show their purpose is to abuse the legal system for their benefit without regard to the justice they stammer on about.

But, if they go after the show, then they keep their integrity and prove they really care about the musician's music, but end up in a very ugly spectacle that will get smeared all over Entertainment Tonight.

Time for the industry to man up and prove themselves, and it will be interesting to see what we get.

Now, on the flip side of things, Ellen was just announced as the new judge on American Idol this week… D'OH! So a show that is a singing competition to get new young stars signed to a music career has a new judge that is accused of stealing music from people with music careers. ACKWARD - Keep your eyes peeled, because it will be interesting to see how American Idol, Ellen, and the Industry spin this. This will be a three-way dance of hot potato to see who the mud sticks to. Now mind you, I don't think many people who watch Idol are going to think Ellen did anything wrong, but the specter of this is going to stick to the media and that will not be lost on the people who count the dollars in the front office. Somewhere there is a meeting going on about how to deal with all of this.

Somewhere else Paula Abdul is spiking a margarita in her living room like Barry Sanders scoring a touchdown.

Hey, I'm from Michigan, our football memories go way back to better times. Hell, I still miss Billy Sims…

Anyway, watch this one folks. This one will be a fun ride.

The Rising Sun Sets On Piracy?

The future of music control?

The Recording Industry Association of Japan in concert with mobile phone companies and music download sites are in talks this coming week to install software that would block "illegally copied" music. I put that in quotes because I couldn't find out what they consider illegal. Word is, that this is being hyped by all parties so unless something goes south this is going to be approved. In the agreement, download sites would agree to install new anti-piracy measures by the end of the year, mobile phone companies, and Japan's Ministry of Internal Affairs and Communications, would have all cell phones (or any portable communication device that also plays music) equipped with the software by 2011.

This might sound a little odd to us, but in Japan 90% of downloads goes to cell phones as that is the music playing device (and everything else) of popular choice. So this would have a drastic effect on their music habits.

Under the system, whenever a user tried to play a song, software in their mobile phone would ask a security server whether it is covered by copyright. If so, and the phone did not have a code to indicate it was bought legally, the song would not play. This is being touted as the first plan to effectively deal with illegal downloads, and Japan as the first country to deal with the problem.

Now this is an interesting idea, but there are a few problems.

First, you can't tell me some bright kids are not going to find away around that. I remember when the V-chip came out and was touted as THE method of blocking a kid from a TV, and before the first set with the chip rolled off the line someone broke it and circulated a means for kids to get around it. Same thing has to happen here, if for no other reason that someone will do it just to say they beat the system.

Second, this could work well in Japan, but not well in western countries. In Japan, mobile operators have control over all the software going through the system from communications to hand held content. That isn't the case here. I'd imagine the anti-trust crowd would get their panties in a wad if some company tried to control all of it within our system.

But theoretically, this does point to the probable direction the industry will go in the future when dealing with piracy.

Pirate Music Ring Shut Down

Pirates are on the run…

Federal authorities have broken up a major online music piracy ring, which reportedly worked with sources inside the music industry to acquire music early. Adil Cassim was charged as the leader of a group called Rabid Neurosis (RNS). According to reports, the authorities said that RNS had gained a reputation online for having access to releases far ahead of release dates and access to thousands of songs on its servers. Evidently, the group used insider connections from the industry, including radio stations and retailers, to score copies of key albums early.

The group used music industry connections, including radio station employees and retailers, to acquire music early. An employee at a North Carolina CD production plant, Bennie Glover, is accused to providing the group with music months in advance, to leak online. Glover's production plant specifically supplies Universal Music Group with CDs, and thus was a direct connect to hot new albums. Also part of the operation was another group called the "Tuesday Rippers," who would buy an album on release day and hurry to rip the album and leak it illegally online.

According to the U.S. Department Of Justice, "the case is part of a multi-year federal investigation of organized piracy groups responsible for the illegal distribution of significant amounts of copyrighted movies, software, games and music through the Internet. The investigation of music piracy groups was led by agents from the FBI's Washington Field Office.

However, Wired reports that the group had disbanded in 2007, so it's unclear if this is from a long standing operation or if the group still has links that the Feds are going after. One thing is for sure, the four people allegedly involved with RNS could get five years in prison and a $250,000 fine.

I'm good with this. These are the REAL people who abuse the system. Even if RNS disbanded, they are documented as doing this. Instead of going after college kids who will likely have trouble paying off their college loans let alone the multi-million dollars they have been fined, these are the people that need to get clipped. It's one thing to trade a few songs, but another to spend years systematically leaking music before it's scheduled for release.

Although I have to laugh at the fine; I understand the fine and jail time, and I'm good with it. It's just that it shows the discrepancy in the law when a real criminal ring pays less in damages than the usual targets of the RIAA. Yes, there is the jail time, and it's appropriate, but does a college kid who pirated less music deserve to pay five times as much as an established crime organization that did it more? I don't think so.

The Ice Cream Man Returns…

Fans have a lot to *ahem* jump about

Here is a quiet story flying under the radar, but huge for Van Halen fans. During a Q&A session at the Bank of America Merrill Lynch Conference this week, Ticketmaster CEO Irving Azoff let it slip that the band is planning another tour in 2010. To date, know one new for sure. The band is suppose to be recording a new album with the (ahem-mostly) reunited original group, but that has been up in the air due to the fact Eddie Van Halen is out of commission after undergoing surgery to fix a bone spur, cyst and twisted tendon in his left hand. The expected recovery time was up to six months.

Frankly, with all the trouble the group has had, and the abuse the Eddie has done to himself, I think most people gave up on anything for awhile.

But here you have it. The band is set to promote Guitar Hero: Van Halen which comes out in December, and is planning to back it up (and hopefully a new album if their smart to capitalize on the publicity) with a tour. I think they might pull this off, and 2010 could be a big year for the band. Hopefully Eddie stays healthy (and on the wagon).

The Fix Is In

Double-Hammer
Award Winner

Technically not music news, but it is the FCC and the consequences for this story could reach into the music business because of that FCC link, so I'm presenting it.

It turns out that some research has shown a private group has been systematically trying (and succeeding) to work the statistics at the FCC. The FCC as a Government agency is responsible for controlling the "public" airwaves (radio and TV), and through fines and licensing practices regulates the industry based upon the feedback it gets. Some of the biggest feedback is the number of official complaints the agency receives. Thus, if Janet Jackson decides to flash North America to promote her new album, and the agency gets a shit load of complaints, then they take action. Thus the ugly spectacle of FCC cracking down on radio and TV after the famous "wardrobe malfunction" – In theory it's just a matter of the FCC reacting to what the public wants done with "their" airwaves.

Turns out, you can go to the FCC and get the information on the number of complaints they receive; full disclosure and all. For instance, here is the number of complaints the FCC received in the first quarter of this year:

January: 578
February: 505
March: 179,997

That is NOT a typo. The agency really did go from 500 a month to almost two hundred thousand. Now the question is, did the airwaves get that much more provocative in March, or is something screwy going on…

The answer lies in an organization called the Parents Television Council (PTC). It turns out that almost all of those complaints have come from this organization. This organization "crusades" against indecency on TV, evidently to protect it's members children from bad TV shows, and alerts members like they did against Family Guy. They even have PRE-FILLED OUT FCC FORMS that people can fill out so the organization can issue a complaint on their behalf. For the morbidly curious, according to the FCC itself, the breakdown for complaints goes:

2003 - Parents Television Council: 99.8% of complaints

2004 - Parents Television Council: 99.9% of complaints

So what we have here is some organization intentionally cooking the books, numbers that the FCC uses to justify cracking down on radio and TV, and also the same numbers Congress uses to justify new laws. When you hear data on complaints, 99% are fed into the system by this organization. I mean, holy shit!

But wait, it gets even BETTER:

On July 1, 2003, the FCC began tallying each computer-generated complaint sent to the FCC by any advocacy group as an individual complaint, rather than as one complaint as was done previously. So if this group gets 10,000 people to bitch about Britney Spears of Family Guy, then that is 10,000 complaints and not only one complaint from that group. And guess who proposed this rule and got it through? If you said the PTC you would be correct. That is shady, but I can see it. Afterall, there is nothing wrong with an organization helping people access the system. I could accept it but:

In 2004 the FCC began counting complaints multiple times if the individual sent the complaint to more than one office within the FCC. This change has the capability of increasing by a factor of 5, 6, or 7 fold the number of complaints recorded since the same complaint can be sent to five different offices by the website instantly.

The PTC has bragged that it accomplished these rule changes to make sure its member's voices would be heard.

OK. Here is the real deal. I'm cool with people calling their Congressman or contacting a Government office. We foot the bill, so they should listen to us. But the problem here is that the system has been worked so that is stacked in the favor of these groups, by these groups. In the scales of justice, they have their thumb on the scale by having an internet complaint assembly line. I could call up the FCC and say that I like Family Guy and these people will just push a button, hit send, a drown our opinion out. And let's face it, the majority of people who like something don't get organized and turbo-call their congressmen. It's only the whiners that get heard, and this organization has skewed the system in their favor.

Incidentally, when that 2004 rule went into effect, don't forget that was the same year (and quarter) that the Janet Jackson incident went down. Just saying.

This reminds me of the famous McDonald's coffee lawsuit, where the woman sued because her coffee was too hot. Everyone focused on the absurd fact she won money out of the deal. But it's the consequences of that incident and what it says about society that is the real legacy. You see, McDonald's doesn't make their coffee hot for some dumb reason, or to harm people. They make it hot because the typical person who buys it is commuting to work or school and wants their coffee hot when they get there. So McDonalds listened to their millions of consumers and made the coffee hotter for them. Then one person comes along and forces the company to reevaluate all of that due to the lawsuit. One person is forcing change onto millions of people, change they didn't want. The market is suppose to be about filling wants and needs, not forcing the idiocy of a minority (or one) on millions of people.

This is the thing. One small organization is using the power of the internet and a rigged reporting system to force millions of people to watch what they want. They're right, and they are going to work the system to for your own good.

So for this fact, the PTC is this week's winner of the Double Hammer Award. This minority group of sociopaths has forced a minority opinion onto millions of people, and because their opinion is ignored by the majority of people they will run to the Government to force it onto us. That is the last refuge of a true scoundrel, when they are too stupid to win on argument on its own merits they run to someone else to do it for them. Except, in this case, it's the FCC and they are forcing those choices on the majority of us despite what we might actually want. Us, whose only crime was the fact we've graduated to big boy pants and learned how to turn the channel when we don't want to watch something.

Who knew we could go to a website and fill out a form, then send that form to a cooked bureaucracy to change the channel for us.

Fucking Idiots.

NSFW

Since this column is new and I'm still picking up new readers, I thought it would be good to look back at the first month. So sound off on your favorite in the Best Of NSWF: Do you prefer Skittles, HTML, Fishing, or Truth or Dare?

As for something different this week, I thought I would shelve the photo-shopped grenades I toss at politicians and post a cool article I read. I don't care if you're a liberal, conservative, statist, or an anarchist; this hits the right note of all view points and speaks to the heart of the ills in Washington. Enjoy.

545 PEOPLE
By Charlie Reese

Politicians are the only people in the world who create problems and then campaign against them. Have you ever wondered, if both the Democrats and the Republicans are against deficits, WHY do we have deficits? Have you ever wondered, if all the politicians are against inflation and high taxes, WHY do we have inflation and high taxes? You and I don't propose a federal budget. The president does.

You and I don't have the Constitutional authority to vote on appropriations. The House of Representatives does. You and I don't write the tax code, Congress does. You and I don't set fiscal policy, Congress does. You and I don't control monetary policy, the Federal Reserve Bank does.

One hundred senators, 435 congressmen, one president, and nine Supreme Court justices equates to 545 human beings out of the 300 million are directly, legally, morally, and individually responsible for the domestic problems that plague this country.

I excluded the members of the Federal Reserve Board because that problem was created by the Congress. In 1913, Congress delegated its Constitutional duty to provide a sound currency to a federally chartered, but private, central bank.

I excluded all the special interests and lobbyists for a sound reason. They have no legal authority. They have no ability to coerce a senator, a congressman, or a president to do one cotton-picking thing. I don't care if they offer a politician $1 million dollars in cash. The politician has the power to accept or reject it. No matter what the lobbyist promises, it is the legislator's responsibility to determine how he votes.

Those 545 human beings spend much of their energy convincing you that what they did is not their fault. They cooperate in this common con regardless of party. What separates a politician from a normal human being is an excessive amount of gall. No normal human being would have the gall of a speaker who stood up and criticized the president for creating deficits. The president can only propose a budget. He cannot force the Congress to accept it.

The Constitution, which is the supreme law of the land, gives sole responsibility to the House of Representatives for originating and approving appropriations and taxes. Who is the speaker of the House? Nancy Pelosi. She is the leader of the majority party. She and fellow House members, not the president, can approve any budget they want. If the president vetoes it, they can pass it over his veto if they agree to.

It seems inconceivable to me that a nation of 300 million cannot replace 545 people who stand convicted -- by present facts -- of incompetence and irresponsibility. I can't think of a single domestic problem that is not traceable directly to those 545 people. When you fully grasp the plain truth that 545 people exercise the power of the federal government, then it must follow that what exists is what they want to exist.

If the tax code is unfair, it's because they want it unfair. If the budget is in the red, it's because they want it in the red. If they do not receive social security but are on an elite retirement plan not available to the people, it's because they want it that way. There are no insoluble government problems.

Do not let these 545 people shift the blame to bureaucrats, whom they hire and whose jobs they can abolish; to lobbyists, whose gifts and advice they can reject; to regulators, to whom they give the power to regulate and from whom they can take this power. Above all, do not let them con you into the belief that there exists disembodied mystical forces like "the economy," "inflation," or "politics" that prevent them from doing what they take an oath to do.

Those 545 people, and they alone, are responsible. They, and they alone, have the power. They, and they alone, should be held accountable by the people who are their bosses. Provided the voters have the gumption to manage their own employees. We should vote all of them out of office and clean up their mess!

The Final Word On American Idol






And that is the final word for September 13, 2009.