Parental Advisory News Report 9.27.09: The FCC Is Your Friend
Posted by Dan Haggerty on 09.27.2009
The FCC wants to regulate the Internet, Eminem sues iPod, Lilly Allen quits music, musicians split industry on illegal downloading, Lilly Allen doesn’t quit music, Megan Fox to perform with U2 on SNL, Lilly Allen is busted using illegal copyright material, and we have the final word on Megan Fox. Click the link for all the news to hot for primetime!
Welcome everyone to the news report that dares to look at the dark underbelly of the music business and report the news no one else wants to touch. It's the industry insider news to the Capitol Hill bills and the great moments that get buried by bullshit to the bullshit that someone needs to nuke all to hell. Yes, I am Dan Haggerty and this is the column so hot they buried it on Sundays: The Parental Advisory News Report.
Hey, I can spin this shit as well as the music industry.
Thanks for all the feedback you guys send my way. I read all of it, even if work has me so jammed up I don't always respond quickly these days. Even the critics who catch errors to the people who want to add information, you're all welcome in the land I like to think of as the real front line of critical thinking. Not that I think I'm always right, but I damn well will say, and expect YOU to say, exactly what is on your mind. How else can you ultimately find the truth?
No politically correct bullshit here, no squeamish nerves, and no whining:
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.
Cover Story: The Split Between Musicians Deepens On Downloading Laws
As a continuation of the story brought to you last week, the music industry split over illegal downloading intensified this week. What that means is that talks with the "rebel" group of musicians that are defying the industry, the British government, and industry supporters, all broke down.
What that REALLY means is that the rebellious artists refused to compromise.
Into this fray stepped Elton John, who sent a notice to Mr. Mandelson (the British Government agent responsible for pushing the disconnect law), "I am of the view that the unchecked proliferation of illegal downloading (even on a "non-commercial" basis) will have a seriously detrimental effect on musicians, and particularly young musicians and those composers who are not performing artists."
This went down as the industry was trying to sort out the dispute with The Featured Artists Coalition (FAC) that has opposed industry backing of Government plans to disconnect people from the internet. Sony and EMI have been desperate to set a unified front. With very vocal critics they have been forced to remain silent on the proposed laws but really want to support them. Lilly Allen has received a lot of grief (more on that later) for supporting the industry, but now that someone with the gravitas of Elton John has spoken out things will be entrenched. Critics can't brush him aside as a "pop star of the moment", so he is a real face for the industry to trot out.
As it stands because of this behind the scenes dispute, the public image of UK Music, the umbrella organization for the whole music industry, has already dropped all mentions of disconnection from its public statements on the issue. Some artists openly support the proposed law, while others openly appose it.
Expect things to continue to heat up however, the consultation period for the plans end in a week's time.
Yesterday the FAC, which includes members of Pink Floyd, Radiohead and Blur, have said that its meetings with record labels had failed to find a solution. The group said: "[The] power to demand suspensions of accounts is only achievable through a wide-scale invasion of personal privacy which we believe would result in a dangerous reduction in the rights to protection of the individual. Putting this power in place would reduce the civil liberties of every one of us in the country in order to afford a disincentive threat to a small minority of ‘egregious offenders'. We believe this would be both disproportionate and unenforceable… However, we seriously question the wisdom of seeking to deal with this problem by terminating the internet connections of individual music fans. The focus of our objection is the proposed treatment of ordinary music fans who download a few tracks so as to check out our material before they buy. For those of us who don't get played on the radio or mentioned in the music media - artists established and emerging - peer-to-peer recommendation is an important form of promotion."
They also added this: "We have negotiated in good faith with the labels all week, but they remain wedded to the idea of suspension of accounts. We remain steadfast in our belief that making threats against individual music fans is not an effective way to resolve any problems associated with file-sharing."
Finally, the FAC reiterated that it did not support file-sharing, saying: "We wish to make it clear that we believe the creative work of artists should be paid for by those who enjoy it and that whenever our music is used, royalties should be paid."
Mandelson's proposal came after the Government's Digital Britain report, published in June, failed to back disconnection as a deterrent for pirates, instead suggesting that websites that host illicit content be blocked with persistent pirates having their connections slowed.
This is a huge story that needs to be repeated, spread, and watched. This is the first real mainstream break musicians have made with the industry on this issue and the long term results could be huge. The labels know this, that is why they are working overtime to get a consensus on the subject. Sure, Radiohead, NIN, and others have done it, but this is the first time that it's been a group that has forced the business to change their stance. Well, at least officially change their position. If it continues other will join in, and that has to have a few insiders sweating. The last thing the industry wants is the fans to have a mainstream voice.
If that happens, the whole dialog in the war over downloading will change, and they know it won't be in their favor.
So Stupid Its Funny
You'd be surprised how many Fox
pictures AJ has on file here…
In the "So stupid it's funny" news of the week, Megan Fox is set to appear on "Saturday Night Love" and the report is she'll be also performing with U2 on the show. In fact, it should have gone off when you read this.
Yes, somehow, someone, against any sense of logic or common sense is hooking up one of Hollywood's most overrated actresses with one of rock and rolls most overrated bands. It's a match made in heaven!
You know, I give U2 tons of grief, but really they are good musicians, so I do feel bad for them here. You know they're sitting there thinking "What the fuck?" and "who came up with this publicity stunt?" Poor schlocks.
I shit you not, this is how her publicist actual spun the report in a news story: "The brunette stunner has already taken the fashion and movie world by storm, but her upcoming hosting stint on "Saturday Night Live" may just demonstrate the she has the chops to make a name for herself in the music industry as well."
I wish I got paid to spew silly shit like that. Hell, I'd settle on getting paid to flame silly shit like that. Musician? HAHAHAHAHAHA… well, she can't act so maybe some engineer with his proTools kit can make her the new pop start flavor of the moment. Yea….
Anyway, I haven't watched SNL much since the 80's with Dennis Miller, Church Chat, and those good times, so someone will need to let me know. Actually, I sill miss the Blues Brothers and Eddie Murphy. Those were so great shows. This may be a news report but no way in hell I'm watching the show now just to see if this happens, or how bad it might be. If it hits YouTube maybe I'll imbed the segment for a true "LOL" moment.
I should make that a new award for this column: The Official LOL Moment Of The Week.
According to Bono last Thursday, while at a show in East Rutherford, NJ Thursday, he made this announcement to the live crowd: SNL is gonna be good this week… Megan Fox will be on the tambourine and that's a good thing."
Good fucking lord you just can't make this shit up.
Lily Allen Calls It Quits
She was good for something…
Lily Allen has quit the music industry. The singer made the announcement on in blog called "It's Not Alright", which attempted to stop people from downloading music on the internet. She wrote "Just so you know, I have not renegotiated my record contract and have no plans to make another record. I do however remain a fan of new music, so this is not some selfish crusade… The days of me making money from recording music has been and gone as far as I'm concerned, so I don't stand to profit from legislation. Except future purchases of previously recorded material."
According to Allen, she'll continue to focus on acting, something she has hinted at previously. She currently appears in a London based theatre production of Reasons To Be Pretty.
RIAA Stumps To Change Image
In a twist of the current Standard Operating Procedures, the RIAA has decided it was time for some optimism. So they trotted out head honcho Mitch Bainwol who recently gave a speech titled "5 Reasons For Optimism In The Music Industry". These where the talking points with a few quotes:
1. Our product, music, remains as popular as ever.
2. Long live the album. "The album's demise is exaggerated."
3. But it's more than just the album. "The modern music company is an increasingly diversified, full-service entertainment firm deriving revenues from a variety of different streams."
4. Record labels make or break the day.
5. Great music.
Not a bad list actually, and I commend the RIAA for actually trying to rally the industry around a positive message. But, of course, I can't resist commenting on each point!
Our product, music, remains as popular as ever.
Actually, sadly enough it is not. Music is popular and great, but the sales explosion doesn't match the 80's. The music business is good however, and we will march out and drop some bucks when they get a band that motivates them to do so. This is a minor gripe however, and this is the right message for the industry to say.
Long live the album.
A-Fucking-Men. I just hope they stick with that message!
But it's more than just the album.
This is a fancy way of saying the 360 deals Live Nation made famous woke the industry up enough to see there is a shit load of money out there, they just need to keep up with the times. The ugly truth is that we spend more money than ever on music as a whole, just a lot more of it goes to concerts, merchandise, DVDs, etc.
Record labels make or break the day.
Great music .
Can I have another A-Fucking-Men!
This, however, I don't think they get. If they did, they wouldn't keep regurgitating the flavors of the month hoping to trick lightning into a bottle twice. That has more to do with their business model, or paradigm to use a hot phrase right now. Either way, this is the right message; they just need to actually do it. Then, like the Beatles or Jackson proved recently, we WILL go out and put out our cash to by albums in mass.
So, overall some optimism is in order in that maybe a few people are trying to take business serious. Either that or they're finally figured out the RIAA has become a negative to the very people who keep them in business. Hell, I'll bite and even give them a good picture this week.
Taylor Swift Breaks A Record
Country's bright prodigy, and the music industries fastest growing young star not benefiting from Disney blowing millions on promotion, has made yet another breakthrough in her career.
Billboard announced today that "You Belong With Me," the newest single from Taylor's multi-platinum Fearless has hit the top spot on the magazine's Radio Songs/Hot 100 Airplay chart. What makes it special is that it's the first country single to hit that mark in the 19-year history of the chart using Nielsen BDS-monitored data. The data showed 117 million for "You Belong With Me" this week which beat out Black Eyed Peas' "I Gotta Feeling".Considering she now has a fifth song from the disc, "Fifteen," at No. 16 on the Country Singles chart I'd say its good to be Swift.
It would be a good time to do a West joke here, but really they're played out. Besides, Swift got to look like an angel next to that dumb asses interruption. Really, she should send him a gift basket for all the free publicity. When you combine how innocent she looked for being wronged (and really she was) with her huge success musically this girl is bank for years to come.
Nothing else to see here, sometimes it's just nice to report a good story about a decent person. This is the music business and we should also celebrate real successes.
Lily Allen Will Not Quit
Wait… What!?
It looks like Lily Allen has had a change of heart. Shortly after her blog announcing she is quitting the music business, her publicist when into damage control likely on the fears that the only people who cared was the news agencies reporting it. Allen's publicist has now spoken out to insist the singer won't be turning her back on music. Evidently, she is not thinking about her next record becasue she is still promoting her second album, It's Not Me, It's You. The official statement is: "Lily is not retiring from music" and "She is still promoting her current album which is why she said she is not thinking about her next record right now."
This is a case of:
a) A pop star having a tantrum and her management is in crisis-control mode.
b) A pop star is actual standing up for herself and her managers are getting pressure from the label (who hold her contract) to not damage sales of merchandise they have invested in.
c) A publicity stunt.
And after all this comedy, I still find I don't care. Except to report it and laugh of course. People need to now that this is some kind of work on someone's part, after all.
Eminem's Beef With Apple
After a lot of hype and fanfare over a year ago, a trial with the potential to reshape the music business got an awfully quiet start this week. It pits rapper Eminem against Apple Inc. But the fact this thing now flies under the radar doesn't change the fact it's being watched closely by the industry and copyright lawyers.
Eight Mile Style LLC (i.e. Eminem) contends in its lawsuit against Apple that the computer company illegally earned millions from downloads of Eminem songs. Richard Busch, Eminem's attorney, said during opening statements that the artist's contract with record company Aftermath Records did not give the company the right to make his songs available for download on Apple's popular iTunes service. Aftermath Records was founded by rapper and producer Dr. Dre incidentally and also is a defendant in the trial. Eight Mile Style is claiming copyright infringement, alleging Apple did not have a license to reproduce and sell 93 of his songs.
Apple attorney Glenn Pomerantz countered that Eight Mile Style made money off the download purchases. He said Eight Mile made 9 cents off each song that customers downloaded from iTunes, and further that the rapper cashed those checks: "They've been paid a lot of money… But they're not entitled to that money and Apple's profits."
What happened is that Eminem accused iPod and Apple back in 2007 of using 93 of his songs as downloadable tunes without his permission. Apple basically said "tough, we have permission from your label". Aftermath records held the rights to those songs from agreements back in 98 and 03, and made a deal with iPod in which they and Eminem were paid royalties. Eminem is calling foul and suing both companies since no one asked him. There is no word on how much the rapper is suing for, as everyone is being tight lipped on the thing, but it is known he accuses Apple of making $16 million off of him and Aftermath of $4 million.
But the money isn't the real issue here, or not at least in the long run. This real implication is in the future of music distributors like iPod and how they may need to go about getting permission to use a song. If Eminem wins this one, then online companies will need to rewrite their contracts to insure every song they use has permission of all related parties, not just the company that holds title to distribute those songs.
Personally, I can't see how that would work out, but maybe I'm not getting all the information here yet. For any company to have to work through multiple agents, all who may or may no have controlling interest in the artists copyright just sounds… way more complicated than it needs to be. That is why an artist signs off custody when he deals with an agency, so they can go and make the deals for him. In theory the label or promotion company has better industry contacts and better clout to get the best deals for the artist. Now Eminem is a smart guy, and I'm sure the reason he has this Eight Mile Style LLC is because he manages just fine on his own now, but then he didn't and that is why he went to Dr. Dre's company. So one the surface I'm on the side of the iPod and the label, but like I said I can't help but think there is a detail missing here. Maybe something specific in Eminem's contract that is giving him leverage.
Lily Allen Accused Of Illegal Use Of Content!
Now fucking what?
In the story that refuses to die this week, no matter how much we laugh and shove garlic down here throat, Lily Allen kept coming back into the news. Only this time she got a real black eye to her cred when an organization charged her with the very thing she's been bitching about: Illegal use of other peoples work.
Yes, Allen is charged with disregarding others copyright rights. A group called Techdirt, which does a technology based blog has shown that Lily Allen has distributed illegal mixtapes of other people's music for free on her website!
The groups website said: "It seems quite hypocritical of Ms. Allen to claim that file sharing is somehow evil and destroying the industry when she appears to be an active participant and used it to promote herself."
Ouch.
Allen has admitted to this (!) and apologized: "I made those mixtapes 5 years ago, I didn't have a knowledge of the workings of the music industry back then."
BUT, and this is why I'm spending so much time on this idiot this week, it gets even better for Allen. The reason Techdirt homed in on her so fast is…
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Wait for it; you're going to love it!
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Lily Allen's blog on illegal downloading, the one that made all the news… turns out that it included a virtual copy/paste on the subject from Techdirt's website. In other words, she copied their material and posted it as if it was hers.
That, my friends, is the literary equivalent of illegal downloading: Copying someone else's written ideas and treating them as you own.
So much for worrying about the "little guy" who doesn't get to drive around in a fleet of Ferraris like those big time musicians, right Lilly? Way to go and do the same thing TWICE.
Techdirt came out and announced that Lily Allen just disproved her own argument: "When it's natural and easy for people to copy like that, it's time to learn to accept it and use it to your advantage."
As for Allen, she has shut her blog down after receiving tons of grief from people more savvy with the internet than herself. She even admitted to it: "I've shut down the blog, the abuse was getting too much."
And oh, just for the final "Laugh Out Loud Moment" of the week, before erasing the blog posts she also wrote that she was quitting the music business partly due to file sharing and the abuse she was getting over her support for the British Government's disconnection policy: "The days of me making money from recording music has been and gone as far as I'm concerned ... Slagging me, my music and my so-called 'family connections' off, and calling me a government puppet is not going to get anyone anywhere, so stop it… I think people assume we artists are a lot richer than you think we are, please bear in mind this doesn't have anything to do with me or my wealth."
And THAT is the real reason she's over music, even though you won't read it in most news sites. She got called on the carpet for being a hypocrite for using other peoples copyrighted material without their permission, all the same week she blaster critics of a Government plan to stop people from using copyright material without the owners permission. She just wasn't smart enough to realize that a bunch of those critics are also the people that pay her paycheck as a musician.
Oops.
Idiot.
The FCC Wants To Regulate The Internet
Double-Hammer
Award Winner
The Double Hammer Award is back, and this time we go straight to the top on this one. The federal government is requesting, and has White House approval of, gaining broad new powers to regulate Internet providers. This could go down as quick as next month if new FCC Godfather Julius Genachowski gets his way. In a speech on Monday, Genachowski proposed massive new regulations that would give the FCC the formal authority to dictate application and network management practices to companies that offer Internet access, including wireless carriers like AT&T and Verizon Wireless. Genachowski's proposed rules would make good on a campaign pledge President Obama made to enact "Net Neutrality" as law.
As it stands, the internet is unregulated and managed by private ISPs. This has been a source of angst for many people in the Government since the Net's inception. Some are mad because they can't tax sales easily (i.e. people are making money and they can't force them to give them a cut), while others have complained that the internet is indecent (i.e. they can't censor content in the same way they can force the FCC to censor TV or radio), the internet is a security risk to national defense (because a pissed off Islamic Terrorist is going to blow his way to several dozen virgins by forcing people to reroute to google), and that people can use the internet to traffic in illegal activities like downloading (because, policing the freeways stop criminals from robbing banks, you know). That last point is important for music fans in this story.
So getting the Government's foot into the Internet has been on the agenda for sometime. The thing that is finally driving it is this ridiculous notion of "Net Neutrality", which is just a rewrite of the Fairness Doctrine for the web. The claim is the FCC needs to regulate the internet as a public space to insure that no one controls it or does something to other people. Ironically, it's the growing apps from companies like iPhone or Apple that is the target. Some company's have "closed systems' and others have "open systems". The debate is from people bitching how a private company shouldn't own it's "close system" because it restricts other people access.
Some how, and I really can't see it, the growing use of apps is a threat to your (and my) internet freedom. I just love arguments that start "to insure freedom, we need to control…" Why people wouldn't put on their big boy pants and use another system if they felt threatened is beyond me. Evidently, the proponents of Net Neutrality think we're all stupid and need their help forced on us. The real world answer is, of course, People choose a "closed system" like iPhone over an "open system" like Google phone because they freely thought it was a better choice.
But if the FCC forces companies to open their systems in the name of fairness (how is forcing someone to give up something fair?), it will flatline the technology race in the virtual world. All in the name of fairness we'll see things like future iPhone advances get cut. Afterall, people advance technology so they can make money on it, and to do that you need to release the technology and own/control it. If the FCC is going to punish them for it, they'll simply stop and do something else they can make money at.
Yea, that sounds better…
BUT here is the thing that spooks me from a music fan perspective. This plan is for the FCC to regulate the internet. It would start with this Net Neutrality Plan, but you know they will expand based on what the "public wants" because the FCC serves the "public interest". And who is the public? Well, we know its groups like the Parents Television Council that are proven to rig the system to get what they want. We also know the FCC fights downloaders to enforce laws the RIAA has bought lock-stock-and-barrel in congress.
So, if the FCC regulates the internet, how long before the RIAA and these parasites at the PTC, and the fuck knows who else, will start making bids on the FCC to "control bad content". THEY ALREADY DO IT IN TV AND RADIO. Once the Government gets its foot in the door on the only unregulated communication network in this country, how long will it take for these special interest groups to impose their will on what we want to do?
That is some scary shit my friends. This isn't Net Neutrality, its Net Neutering.
The only good news is that a few key Senators are opposing the regulations. Ironically, they are being led by Sen. Kay Bailey Hutchison (R-Texas) who I never thought of as a privacy advocate. Of course, AT&T is based out of Texas so I'm sure she has a powerful sponsor pointing her that way truth be told. Anyway, wherever the help is coming from, hopefully they shut this down.
So, I'm inducting President Obama himself and the FCC into the Double Hammer Hall Of Fame. In the name of freedom, just like every other despot in history, these two anti-privacy agents have decided that you and I are too stupid to work together online and make our own decisions. They need to help us make better decisions by imposing their will on us. Further they will place an unelected agency that panders to the highest bidder in charge to "make the right decisions" for us. They will police us to make things fair, because fairness isn't what you and I agree on, but what the RIAA and the PTC tells us.
I'm going to need to build a Hall of Shame at his rate for all the stupidity going on in the music and communications industry.
Megan Fox
And thus the cycle of life continues on the internet…
Phase One: New hot chick shows up and everyone want to do her.
Phase Two: It becomes cool for a few people to say she's not hot and they wouldn't do her.
Phase Three: It becomes public knowledge that the hot chick is a bitch/idiot and people open the flame gates on her. Half the net wants to do her and the other half says she's trash. The first half says the critics are just mad because they couldn't tap that if they paid for it, while the second half tells the rest to get a life.
Phase Four: Hot chick gets less interesting over time and a new hot chick comes along. Rinse, wash, and repeat.
Point being we're at phase three for Megan Fox. She's an average actress who gets by on being hot, and if you listen to the industry insiders she's a bitch who is only good for one thing and odds are she can't do that right.
Both view points are right: You'd still nail her like the fist of an angry god, just because she looks good and because you're a guy so you'll nail anything that doesn't require large doses of alcohol to justify it. Just admit it, along with the fact that's all she's good for and let's move on. We're men for fucks sake, it's not like we pick women like Fox up at the bar to get their opinions on something. They real are only good for one thing.
Besides, we're due for a new hot chick to splash all over the internet.
And that is the final word for September 27, 2009.
