August 10, 2004

• This runs perilously close to a self link ???
• It really is irresponsible how certain publications are starting to hype up MP3 blogs and failing to even mention the legal risk involved. "This new drug, ecstacy, is great! It's awesome! All our readers should totally try it -- tell everyone you know, including your cop neighbor!" DISCLAIMER: Again, this has nothing to do with the ethics of MP3 blogging, the public domain, the Axis of Evil of industry (RIAA, MPAA, Ashcroft), or anything else. This reply is ONLY about the possible consequences.
• modestmickey, I think the question of whether or not there are legal risks was addressed rather well by IgnorantSlut in your thread. Mp3 blogs are not at all the same thing as a P2P network or an ftp site, are the rules are accordingly different. And forks, you're welcome.
• ...and the rules are different. Doh!
• Cali, you don't think people have tried the fair use argument? It hasn't worked. You don't think people who posted MP3's on newsgroups, for example, were also 'critiquing' the music as much as any MP3 blog does? Believe me. They have been.
• I'm curious, mick. Do you happen to work for the RIAA?
• We got it dude; we got it. There's the potential for some legal repercussions. I got it. I'm choosing to continue anyway and so are lots of other people. I think LOTS of other people are going to join in as well. This isn't something that's going to be able to be controlled; I'm hoping that by striking while the iron's hot that I can try and instill a set of values that include: 1)Not posting whole albums 2)Showing respect to the artists 3)Encouraging transgressing boundaries of genre, popularity and local availability. I've been doing this for about eight months. There are three or four heavy hitters (Largehearted Boy being one of these; he's also only posting legal dl's if you're curious) who've been doing this for YEARS. "They" know we're here. We are NOT a negative force. When we step out of line, we're likely to get smacked down. But dude, do you really think that the copyright holder of the Leadbelly tune that I currently have up (and that will be coming down in seven days or so) wants to sue me for encouraging people to buy more of Leadbelly's music? If asked, I'll take it down. I deal with problems as they come rather than Chicken Littling it.
• babywannasofa, why yes I do. And everyone who warns you that you might regret murdering someone works for the local police too.
• insert: 2)Showing respect to the artists and copyright holders carry on.
• fork, the warez scene can't be stopped either, but that didn't stop the DOJ from searching over a hundred people in Operation Fastlink. Know how long that took? They've been working on it for two years. Beauracracy moves very slowly. Do you have any idea how long it took before they made their first newsgroup arrest? And do you really think the DOJ takes the individual time to make sure they get the 'worst' guys? No, Leadbelly will not go after you, and neither will their record label. The DOJ blindly will, as they have before. Seriously, you may consider me an asshole or your enemy, but I'm only trying to warn you. I hope you don't have to go through an awful prison sentence and all the other consequences that so many other copyright violators have.
• Which is not to say that I don't think copyright law needs a massive overhaul, but that's another topic. On preview: dude, i don't think you're either asshole or enemy. I just think we have different opinions on the topic. I'd just like you to be a bit more explicit about your own experience and opinions rather than playing the role of Cassandra, dig? Meanwhile, did anybody READ the goddamn article? It's interesting (I think) and addresses a lot of the issues that are being discussed here.
• But dude, you really need to check some of your rhetoric. You've thus far compared musicblogging to warez circles, intentional felony and now you're somehow worked in a comparison wherein you're warning people not to MURDER anyone? Turn down the heat there, cowboy.
• This is the last time I'll post something here, since obviously nobody cares. Let me make my entire point in this one scenario: Imagine yourself sitting in prison. Your cell mate is a rapist. You will spend half a year there. You have been expelled from your university. Most likely you won't be able to get admittance in another university because of it. All your computer equipment and your vast collection of CD's has been confiscated, and you will never get it back. You will have a very difficult time finding a job with a felony on your record. Same goes for finding a home. Why did this happen? Because you shared music on the internet. Does it sound un-fucking-believable? Yes. Does it happen? YES. Obviously you don't want to, but trust me. Now, just imagine yourself in this situation. And I'm out.
• furthermore, I'm shitting where I eat. Can we take this discussion back here? Meanwhile, did ANYBODY read this interview? Bueller?
• oy. well, i tried.
• Fair use frankly seems to be falling by the wayside, at least until several someones put up a good fight in court. (then it's a toss-up) Canada is currently a-ok on the mp3 front, but Heritage wants to plug that hole...
• Ah, er, I read it.
• I read it, and I felt a glimmer of recognition at your "there's still cops on horseback" comment. I got into a discussion earlier today over whether digital media were destroying the artists' intentions by allowing people to endlessly re-package music (ignoring the distinctions between this album or that EP or single). It was interesting, and I'm still not sure how I feel about it. Watch out for the jackbooted thugs.
• I read it, but who's that John guy? Congrats on playing with the big boys, forks. :) I for one think you're doing a great job, and I enjoy your blog. Maybe when the RIAA comes for the downloaders we can share a cell.
• Who'd be the rapist in that scenario trac? oh sure, i'm laughing NOW...
• Music downloaders in jail? Name ONE. ONE. Every case I've heard about has been settled out of court for a fine. If people sharing hundreds of songs aren't going to jail, I doubt that music blogs sharing a song a day or so will.
• [random tangent] Years ago I was in [unnamed record store] in New York City and got to watch a clerk being an absolute sneering bastard to a nondescript middle-aged woman (who he seemed to think couldn’t possibly be cool enough to deserve to shop in his store) until his friend politely informed him that he might want to be a little more friendly to Patti Smith. You don’t get that kind of experience online! Could he mean this unnamed record store? After traveling cross-country to NYC , I made a special trip just to go there. While the selection was fairly impressive, the staff could barely deign to acknowledge my existance. Yes, I realize this is par for the course in record shops, but, I guess I'd just been spoiled by the friendly, helpful service elsewhere. [/random tangent]
• It sounded to me like mmouse has some personal (him/friend/family) experience being hounded by the RIAA or similar. I understand not wanting to share that experience in such a public forum, but it may have explained his hyped-up rhetoric and elaborated on his perspective. also: forks, I liked the Dick Clark quip. ha! Nice interview.
• Bizarre to me. (S)He was really het up over this, no matter how calm and reasonable forks tried to keep things. But I read it, and it's a good link. Thanks, forks.
• I would just like to point out that I, also, read it. And liked it a lot.
• They're pining for you over on sportsfilter, forks
• Forks, I read your interview and I sense that you soon face the wrath of emo record store clerks everywhere. They're gonna get so mad at you that many a slow tempoed song will be wrtten about you in vengence.
• Tinfoil - I had the same exact instinctive guess that you did. Either Other Music or Kims is my guess. But probably Other Music.
• They're gonna get so mad at you that many a slow tempoed song will be wrtten about you in vengence. The bits where they get considerably louder and slightly more high tempo, though - those will be the bits that really teach him a lesson.