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Phil (aka MP3Monster)'s Blog

~ from Technology to Music

Phil (aka MP3Monster)'s Blog

Monthly Archives: March 2007

RIAA given a lesson in good legal practice

29 Thursday Mar 2007

Posted by mp3monster in Music

≈ Leave a comment

 A friend of mine pointed a rather interesting article out to me (Link to p2pnet.net – the original daily p2p and digital media news site) which basically slaps the RIAA’s legal representatives for very poor legal practice in their typical pursuit of a perceived downloader.

 

Reading through an interpreting the legal wording, the lawyer highlights to key points, firstly following of due process and technical requirements for proof.

 

In terms of due process as is well known the RIAA are asking companies to watch IP traffic, then identify the recipient without in terms of the translating IP traffic to ISP known information.  Then having identified someone telling them of legal prosecution unless they negotiate that they will pursue court proceedings.  However, the lawyers must go through the courts to get the information from the ISP, then check all the proofs of liability properly, rather than simply accept their client’s claim – as without doing this means they are liable for counter claim. Rebuttal of assumption that a response or lack of in request to negotiation for settlement as an  admission to committing the offence. Lastly, at least one of the companies being used by the RIAA to acquire the basic information appear to have been proven to not be qualified expert witness – so just because they identify IP traffic suggesting that someone has taken copyrighted material isn’t sufficient to qualify as an expert to the whole case.

 

On the technical side, the letter indicates that the only conclusive proof of liability is finding evidence of the copyrighted material concerned on the hard disk (or other storage device) as the network traffic as seen by the ISP is not enough given the other potential opportunities to abuse someone’s system such as:

  • operating system security (and Windows XP one of the most common home PC OS’s has regular weaknesses fixed) can be subverted,
  • wireless networks hacked (easily regardless of WEP etc),
  • the presence of malware such as bots operating unknown to the owner/user

So prior to pursuing the litigation the RIAA should by mutual consent have the media inspected. I should say, that thinking that you could just delete the files if you found yourself in this situation will be enough – certainly wont work. 

 

Hopefully the RIAA will realise that pursuing and suing their customers just is not practical, and the solution to the problem is to make it attractive to people to get their music legally.

 

 

del.icio.us tags: RIAA, Legal, Evidence, Security, Downloading, Copyright

Snoop and P Diddy cancel UK tour

27 Tuesday Mar 2007

Posted by mp3monster in Music

≈ Leave a comment

According to the BBC P Diddy and Snoop Dogg have canceled their UK tour at the 11th hour because Snoop has had his entry visa refused (more from BBC News).

The whole situation seems a little inconsistent to me as he had already been in trouble with the UK authorities prior to Live 8 (pictures of his UK appearance then here)  but was allowed into the country for the Live 8 concert. His checkered history with the law has been a long standing fact so why the change of heart now?

If the visa refusal is based on the existing charges in the USA, then a number of other major artists should not have been allowed into the UK. For example the late James Brown was arrested in 1988 and served six years for drugs and firearms offences, but was subsequently allowed into the UK to tour and perform. A little inconsistent to say the least.

Sadly the biggest losers in all of this are the ticket buying fans.  Not just musically (depending on you opinion of course), but they’ll be noticeably out of pocket.  With ticket prices being charged with a substantial booking fee (£5 or about $9 being common) which is never refunded when a ticket is refunded as it doesn’t form part of the face value.

 

Technorati tags: Snoop Dogg, P Diddy, Music, Tickets, Concert, Visa

Heavy Metal Kids Rock Academically

22 Thursday Mar 2007

Posted by mp3monster in General, Music

≈ Leave a comment

 I Was working through my RSS feed aggregator and came across this interesting article – Link to Raisingkids: News – Daily Parenting News: Heavy Metal Kids Rock Academically.

 

So can listening to metal make you brainier?  We’ll I’m going to go dig out my Nepalm Death tonight, and see if I can understand the entirety of A Brief History Of Time tomorrow.

Judge rules against cheap CD site

20 Tuesday Mar 2007

Posted by mp3monster in General, Music

≈ 1 Comment

 According to the BBC news site – CD WOW has started to purchase some of its CDs from Hong Kong again, this has resulted a court judgement against them (story here – Link to BBC NEWS | Entertainment | Judge rules against cheap CD site).  Not good news for the consumer, and also seems to be commercial suicide for the record industry. How the BPI can impose this restriction is beyond my comprehension, as I can purchase any other product from anywhere in the world – including big things like cars.

 

This raises interesting questions about the viability of BangCD who operate in a similar manner.

 

Technorati tags: CD-Wow, BangCD, Pricing, BPI, BBC, News, CD

Higher Music Royalty Rates — KCRW & Others

20 Tuesday Mar 2007

Posted by mp3monster in Music, Technology

≈ Leave a comment

 The noise and protest about the change in royalties for web broadcasts is picking up, check out Link to News: Higher Music Royalty Rates — KCRW | 89.9FM and Save The Streams.

 

 

Technorati tags: Music, Royaly Rates, Streaming, KCRW

Peter Gabriel announced for Hyde Park Calling | News | NME.COM

19 Monday Mar 2007

Posted by mp3monster in Music

≈ Leave a comment

On the subject of missing RSS feeds, Peter Gabriel’s realworld site is also missing RSS – so I’ve only just discovered that he will be performing in London. Question is what are the chances of new material? 

Link to Peter Gabriel announced for Hyde Park Calling | News | NME.COM

 

 

Technorati tags: Peter Gabriel, gig:London, announcement

Bandnews.org – New Feeds for Artists & Groups

19 Monday Mar 2007

Posted by mp3monster in Music

≈ Leave a comment

 Having ranted in the past about how some artists still can’t get RSS feeds onto their website’s as the designers are too busy playing with Flash, I have come across a cool website which overcomes the RSS problem and you can create aggregate feeds of news from your favourite artists even though they don’t have feeds themselves.  go here –

Link to Bandnews.org – Live from the Web | Search & Read official Music News – Band Directory – Archive  for more.

 

 

Technorati tags: Artist, Groups, News, RSS, aggregation, BandNews

Download Site List update

06 Tuesday Mar 2007

Posted by mp3monster in General, Music

≈ Leave a comment

I’ve added new entries to my list of download site – the entry can be found here.

Webcasting Royalty Rates

05 Monday Mar 2007

Posted by mp3monster in Music, Technology

≈ Leave a comment

 There has been an going debate about how much webcacts should be charged in royalty fees to match with public & commerical radio.  Well it would seem that some decisions have been announced on the subject.  The daft thing is that with the possible exception of the very big players (ClearChannel et al), the rates will kill the small indy stations accounding to Radio & Internet News Letter (article – Link to RAIN: Radio And Internet Newsletter).   If these figures are correct, and they seem viable then it appears that the RIAA have scored an own goal as they’ll end up putting a lot of indie stations out of business which doesn’t do the music industry an favours.

 

 

Technorati tags: Royalty Fees, Webcasting, RIAA

:: arjanwrites music blog ::: Hot New Talent Alert: William Besson

02 Friday Mar 2007

Posted by mp3monster in Music

≈ Leave a comment

Well I’d argree with the Arjan Writes blog – bigging up (sorry couldn’t resist that) William Besson (Link to :: arjanwrites music blog ::: Hot New Talent Alert: William Besson).   If the music on his myspace account is anything to go by then there is some serious talent here (http://www.myspace.com/williambesson). Some bits resemble Depeche Mode during their Ultra period, with fragments of Massive Attack – a blend of chill and trip hop.

 

Besson has is own web site as well – http://www.williambesson.com/. It is possible buy his first album – Isn’t It About Faith? via his website which links to several sites around the world such as CD Unsigned. 

 

I shall be investing further.

 

 

del.icio.us tags: William Besson, Trip Hop, Chill, BMassive Attack, Depeche Mode, Arjan Writes
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