RIAA wins a precident setting lawsuit.

An Arizona district judge has ruled that a couple who hosted files in KaZaA is liable for over $40K in damages just because they 'made available' songs that could have been pirated by someone, somewhere. There's legal precedent, but how long do we have before the BitTorrent crew is sued?"

Inoyun and Atmogat

Fellow electronic musicians Atmogat whom I met though myspace of all places have shown interest in the Inoyun track "Long Drive" to the extent that a music video is being produced in the genre of a short film-esque edit, to be released on Trachanik Records complete with glitchy video effects matching some of the unorthodox patterns in the track. The name of the video is TAEGUK and is going to associate itself with matrix style taeguk karate fighting. Here is the trailer in raw form minus the effects. I encourage you to watch their other productions as they make for nice eye candy.For almost 8 months they have been very kind and informative about the status of the video to which they just released a trailer for me to view, proving that it indeed is a true production.

So many things are running through my brain with this video to be released in about 4 months due to some rendering time frames. I am very happy to know that the hard work I put into my music was picked up by a few musicians who are working very hard to make a video and put it into production. Its a good feeling, counter to the feeling that the RIAA gives the labels and their artists. When it's finished I'll be putting it out on a few sites I know of. Can't wait...

Stop Time at the Commonwealth Lounge in Fullerton

Its a shame that there aren't more published advertisements for this place I find myself returning to almost each Wednesday to hear my friend John Harrington and his band 'Stop Time' perform. It's not so much just the place but the combination of the place and the music that really make the Commonwealth Lounge in Fullerton worthy of a return.

Stop Time plays like this modern Jazz arrangement coupled with funk, a little break beat, a splash of drum and bass (dare I say) and a sense of smooth jazz ala R&B almost adult contemporary. The way I hear them is unlike how I have heard any other Jazz band perform in which I mean 'other' jazz bands tend to stick to straight forward jazz, leaving out references to supporting genres. Stop Time brings in supporting genres and blends them in the most classy of ways making the dark couch laden almost beatnik atmosphere of the Commonwealth Lounge worth a second mojito.

Stop Time is:

John Harrington- trumpet
Bob Haner - Guitar
Dustin Haner- Drums
Josh Becker- Bass

In a nutshell John Harrington, former member of Delta Nove, caresses and stabs the engaged audience with his style of trumpet playing which, with almost every tempo change, commands roaring applause like clockwork. Guitarist Bob Haner sits up front in command of the scales as he brings in his style of jazz noodling as I can only call it. Bob is simply a fantastic addition to the group and with John Harrington making sure a few times during the set that he calls out the names of his band Stop Time, you are sure to be drawn in to a more personal and comfortable performance. "On the Drums Mr. Dustin Haner ladies and gentlemen...Mr. Dustin Haner!" exclaims John Harrington during one of their songs. This guy can play drums thats all I know. First off they are all in suits and the appearance is that right out of the late 40's...complete with the hair style. It's pretty cool to see how a drummer can keep time in various jazz settings, then almost without effort, switch to funk, through to break beat and touch it off with a little Drum&Bass before re-entering back into a varied tempo Jazz beat...so nice.

Bassist Josh Becker brings the band full circle with his stand up bass with fingers flying up and down the neck of his bass you can't help but to start grooving. Everyone is keeping tempo, changing between Miles Davis and the like, making the evening one of the best evenings I look forward to since Craque playing weekly at the Kettle and Keg in downtown Fullerton every Thursday night at 9pm.

My only complaint would be drink accurateness meaning that since the place has been more and more busy, the attention to detail tends to miss its mark from time to time and when you are paying $12 for a "Perfect Manhattan" it better be perfect. Bartenders there tend to over insult when asking for the correct this or that by giving you alot more than you are trying to correct them on. However in their defense...actually I have no defense for them as they should make their drinks correctly no matter how busy it gets. Thats what a good bartender is all about. The food is fantastic and every dish I ordered was way above my expectation. Good Job also to the girls who take orders from the floor. They are attentive and always moving. You really need to go check this place out on Wednesday as well as Fridays if you want to see what Stop Time is all about. A definite double thumbs up John Harrington and his band and a single thumbs up to the Commonwealth Lounge.

Copowi - The first guarenteed Net Neutrality site!

Looks like Copowi is touting itself as the first neutral internet allowing equal access to all sites without throttling bandwidth or preferential treatment. We'll have to see how it does. Coverage right now seems to be a bit of an issue but they do have 1.5 and 3MBps plans starting at 49.95 a month...AND they are waiving their $99 activation charge until Sept 30th.

-From the "Why are we a better deal in the long run" Page

There are a three key reasons why Copowi may seem more expensive.

1. The true cost of some Internet access plans is hidden behind contractual commitments and short-term sweeteners. They may appear cheaper but ultimately you pay a much higher premium. With Copowi there are no hidden fees or charges.

2. Some ISPs run their services at a loss in the first year simply to get people to sign up, knowing that once signed up they are unlikely to leave because of consumer inertia even if fees are increased. This is a very cynical marketing technique designed not only to rope people in but also to eliminate competition. It eliminates those ISPs who cannot afford to run at a loss. This marketing technique is usually referred to as predatory pricing.

3. The wholesale market has been shrinking dramatically over the last five years which means the network providers are not as compelled to compete on price.

Their are three key reasons why Copowi is a better deal longer term.

1. As our subscription base grows we will revitalize the wholesale sector and be able to negotiate better prices which will flow through to our subscribers.

2. We are not driven by the profit motive like our competitors. Their only goal is to extract as much as they can out of you, and they are very good at extracting money.

3. Factor in the cost of a closed and privatized Internet and it is easy to see how Copowi is a much better deal longer term.

psst..guys...Use their to indicate possession...Use there when referring to a place or a reason.

RIAA fails to make a payment in Capitol v Foster

About the RIAA's attempt to monopolize digital music by redefining copyright law, through the commencement of tens of thousands of extortionate lawsuits against ordinary working people.

-From the site Recording Industry vs The People

In Capitol v. Foster, where the Court has awarded defendant more than $68,000 in attorneys fees against the record companies, the plaintiffs have failed to pay the amount ordered, and Ms. Foster has asked the Court to enter judgment.

Music DRM in trouble....again!

The other night at the Kettle and Keg I was assisting Craque with his setup and during this I could not help but hear the horrible music being piped into the area pre-show. It was a combination of crappy rap music and a scratched disc that had obviously been ripped from a disk containing DRM or it was a surround sound disk ripped improperly...thing is...it didn't matter, it was so bad that it forced Craque to start early as he as well as I could simply not stand it. The other thing is, is that the 12 people there didn't even seem to mind continuing to sit there through the mess and the bartender was too busy talking on his phone to not only help people but to change the vibe in the room. To this I salute with middle finger extended....DRM...and everything else going on at that moment.

But thats not this blogs topic...heh...which is the notice that Universal Music is going to be offering their tunes without DRM and it is not going to be happening on iTunes, at least for now.

The test will see UMG offering a portion of its catalog—primarily its most popular content—sold without DRM between August 21 and January 31 of next year. The format will be MP3, and songs will sell for 99¢ each, with the bitrate to be determined by the stores in question. According to Universal, Amazon, RealNetworks, and retailers such as Best Buy and Wal-Mart will have first crack at selling the music. RealNetwork's Rhapsody service will offer 256kbps tracks, the company said in a separate statement.

Is this the light at the end of the tunnel I have been dreaming about? Not that I am partial to popular music but it is a start.

Send in the Clones

So let me get this straight....you can't make a copy of a song but you can copy the technology of another product, put a slight spin on it and sell it as your own. I think I'm loosing my mind.

Some of the more funny names of cloned products China is coming out with are:

Addidos shoes (After the brand name ADIDAS) and the iClone (Obviously after the iPhone from Apple)

AmieStreet.com Announces Series A Financing Led By Amazon.com

All music starts out free, and prices increase for popular tracks.

For recommending their favorite songs to their friends, members are rewarded by receiving credit for the purchase of additional music on AmieStreet.com. The more popular a song becomes after a member has recommended it, the more credit he or she receives to spend on music.

--From cnnmoney.com

Brilliant!! Totally and completely brilliant. Goodbye iTunes...hello Amiestreet

Security Expert Says RIAA Declaration is Wrong

"Factually erroneous and wrong" are the words several of the students used that have brought on a motion to vacate the Court's ex parte order and quash the subpoena that was served upon the university pursuant to that subpoena.

Nice!

A short sweet

Here's what I'm writing. It's nothing new. They're just words on paper describing the ocean breeze, the stars and the seas that make me weak in the knees for all that I see. Writing about my heart and two people is nothing new as a matter fact I believe its become quite the cliche these days to meander on how two people find each other, fall in love and live after ever after in pile of heap surrounded by a fence with some animal who others see as a prisoner. Who wants to read that? The hopeless romantic searching for a filthy whore embedded somewhere on a tee shirt being sold for a whopping $20 is nothing new and certainly nothing to write about. So writing then becomes for me writing about how writing is blind with the thoughts of "What if there were no words?"

There is no point in words as it is the action alone that facilitates all emotion. Stories from my heart don't mean anything without the action of physical writing and it then becomes the words which are already out there so the act of placing them becomes the more meaningful. The word "Love" should be replaced with "Sale!" because these days the sale draws more of the willing and the desperate which is the point of love yes?

With each word becoming its own concept, the action of the word becomes the important. The action of love carrying more weight than the mere word and this story never ending because it is of the action that drives this paragraph further in to the mind and I find quickly that my love has gone awry to be found one day by someone without words, just time.

German prosecutors prohibited from gathering IP addresses of potential P2P users

heh...we're not going to give you that information so you can proceed with petty song sharing lawsuits...besides, the industry is not going to suffer from a few songs traded here and there...I mean...look at Madonna?

Play CD in Public...Get Sued by ASCAP

I used to think that it was important to be a part of ASCAP. I signed up, registered my works at the time and felt a since of accomplishment upon completion of my membership regardless of the fact that it was only providing a false sense of pride. Now my card sits in my "other" wallet, collecting dust, never to be made public.

So then I came across this story where ASCAP has approached over 2 dozen public places that play music but have not payed ASCAP for the rights to play. "The group sued to spread the word that performing such music without permission is a federal offense, said Vincent Candilora, ASCAP senior vice president for licensing. On Monday, ASCAP said it had filed 26 separate infringement actions against nightclubs, bars and restaurants in 17 states. Among them is a lawsuit in U.S. District Court in Seattle against the Ibiza Dinner Club downtown. ASCAP is seeking up to $30,000 in damages per infringement from Ibiza. Candilora said the group has tried for two years to get the restaurant to comply with its requests."

ASCAP says that besides broadcasting songs over the radio, television and Internet, the definition of performing copyrighted music includes playing it "any place where people gather," with the exception of small private groups.

For restaurants, that includes playing songs as background music, by a DJ and even music-on-hold over phone lines, according to ASCAP's Web site.

"As long as it's [played] outside a direct circle of friends and family, it is considered a public performance," Candilora said. "A musical composition is somebody's property."

Great, it's someones property but I don't think they are taking into consideration that whether or not it is actual property, playing the song in a public place does not change in any way who actually owns the song. Songs are written for people to listen to and we all should not have to pay a fee every time we find ourselves listening to a song. It's getting out of hand at this point which is sure to drive independent music even further into the ears of the frustrated. So while you are frustrated, feel free to go here or here and grab some great free tracks.