Shocker: Is Spotify Lawyer Leading “Scholarly” Project to Create Fake Treatise?

January 18, 2018 Leave a comment

The anti-copyright crowd have a few different ways to turn astroturf into deceptively scholarly work product.  One way is to take over otherwise credible brands to insert their own truthiness.

In a highly predictable move, the American Law Institute, a reliable old brand in the law, appears to have had some sudden interest in writing up a “Restatement of Copyright” treatise.  The ALI’s restatements of the law have been around a very long time, but they mostly deal with bodies of law that rely heavily on judge-made law such as agency, property or contracts.

The advantage of having a Restatement that says what you want it to say is that those toiling against artists and songwriters can cite it as an authoritative source in legal briefs, scholarly writings, amicus briefs, etc.  Handy, eh?

The ALI Restatement of Copyright seems to have been the brainchild of one Pamela Samuelson, she of the Samuelson-Glushko technology and policy legal academic centers–Silicon Valley’s answer to the Confucious Institutes.  The project is nominally under the watchful eye of Professor Christopher Sprigman, from whose intellectual loins sprang Spotify’s defense of “sorry just kidding” in the Bluewater lawsuit for Spotify’s alleged nonpayment of mechanical royalties.  Sprigman is trying to convince the court that mechanical royalties don’t exist, don’t you know.

The Restatement of Copyright has been on the horizon for quite some time as it takes a lot of effort to produce one of these treatises.  So naturally, one must ask–why the sudden interest at the American Law Institute in such a costly project that we’ve struggled along without for a hundred years or so?  You don’t suppose someone is…paying for the costs of this work?  And who might be interested in picking up the tab for the project?

Perhaps the same company that paid for five–count ’em–five–research projects by Professor Sprigman.  That we know of.

According to the useful “Google Academics, Inc.” database created by the Google Transparency Project, Google funded these articles co-written by Sprigman (two of which criticize moral rights):

Valuing Publication And Attribution In Intellectual Property: Sprigman, Christopher, Christopher Buccafusco, and Zachary Burns. “Valuing Publication and Attribution in Intellectual Property.” (2012)

What’s A Name Worth?: Experimental Tests Of The Value Of Attribution In Intellectual Property:  Sprigman, Christopher Jon, Christopher Buccafusco, and Zachary C. Burns. “What’s a name worth?: Experimental tests of the value of attribution in Intellectual Property.” (2013)

What’s In, And What’S Out: How IP’s Boundary Rules Shape Innovation:  McKenna, Mark P., and Christopher Jon Sprigman. “What’s In, and What’s Out: How IP’s Boundary Rules Shape Innovation.” (2016)

Experimental Tests Of Intellectual Property Laws’ Creativity Thresholds, Buccafusco, Christopher, Zachary C. Burns, Jeanne C. Fromer, and Christopher Jon Sprigman. “Experimental tests of Intellectual Property laws‰Ûª creativity thresholds.” (2014)

Innovation Heuristics: Experiments On Sequential Creativity In Intellectual Property:  Bechtold, Stefan, Christopher Buccafusco, and Christopher Jon Sprigman. “Innovation heuristics: experiments on sequential creativity in Intellectual Property.” Ind. LJ 91 (2015): 1251

And speaking of astroturf, what’s also interesting is that Sprigman appears to have filed comments in Copyright Office moral rights study that incorporated concepts in Google-funded papers and cited to one of them without disclosing Google’s funding as far as I can tell. (https://www.regulations.gov/document?D=COLC-2017-0003-0019).

So a perfect lawyer to advance the interests of Spotify, the savior of the music business and to gift the legal community with the Restatement of Copyright, a crystalization of his genius.

Lucky us.

Big Tech Going to Capitol Hill to Explain How they Profit from Terror

January 17, 2018 Leave a comment

Facebook’s Monika Bickert, YouTube’s Juniper Downs and Twitter’s Carlos Monje will testify today at the U.S. Senate Commerce Committee to explain how their company’s profit from terror groups using their platforms.  The hearing, Terrorism and Social Media: #IsBigTechDoingEnough? at 10 am ET today.

As Ranking Member Senator Bill Nelson noted, the hearing is the first time that all three of Facebook, Google and Twitter have deigned to appear before the Commerce Committee at the same time:

[T]heir appearance is long overdue.  These social media platforms – and those of many other smaller companies – have revolutionized the way Americans communicate, connect and share information.

But, at the same time, these platforms have created a new – and stunningly effective – way for nefarious actors to attack and harm our citizens and our nation.  Frankly, it is startling that today, a terrorist can be radicalized and trained to conduct attacks all through social media.  And then a terrorist cell can activate that individual to conduct an attack through the internet – creating in effect a terrorist drone controlled by social media.

I look forward to hearing from our witnesses about what their companies are doing to make sure their platforms are not being exploited and manipulated by terrorists and criminals.

Using social media to radicalize and influence users is not limited to extremists.  Nation states, too, are exploiting social media vulnerabilities to conduct campaigns against this nation and interfere with our democracy.

We know that Russian hackers—at Vladimir Putin’s direction—attempted to influence the 2016 presidential election through cyberattacks and spreading propaganda and disinformation through paid social media trolls and botnets on Facebook and Twitter.

And, we also know that Putin is likely to do it again.

In its January 6, 2017 assessment, the U.S. intelligence community said that Putin and his intelligence services see the election influence campaign as a success and will seek to influence future elections, right here in the United States, and abroad.

This should be a wake-up call to YouTube, Facebook, Twitter and to all Americans, regardless of party. This was an attack on the very foundation of American democracy and we must do everything in our power to see that it never happens again.

It would be interesting if Senator Nelson could ask Facebook, Google and Twitter if they could run a quick tape to tell the people how much they made, give or take, on selling ads against terror recruiting videos.

 

 

Is it Time for the Inspector General to Review the Copyright Office’s Administration of Address Unknown NOIs? — Artist Rights Watch

January 17, 2018 Leave a comment

If all a digital music service needs to do in order to claim they have a licene to reproduce and distribute a song is send a notice to the Copyright Office is send a notice saying they can’t find the song copyright owner, how hard do you think they’ll look? Particularly if they know that the Copyright Office won’t check? It is time for the Inspector General to review this untenable situation.

via Is it Time for the Inspector General to Review the Copyright Office’s Administration of Address Unknown NOIs? — Artist Rights Watch

Reverend Dr. Martin Luther King, Jr.’s “Love Your Enemies” Sermon

January 15, 2018 Leave a comment

You have heard that it was said, “You shall love your neighbor, and hate your enemy.” But I say to you, love your enemies, and pray for those who persecute you in order that you may be sons of your Father who is in heaven; for He causes His sun to rise on the evil and the good, and sends rain on the righteous and the unrighteous. For if you love those who love you, what reward have you? Do not even the tax-gatherers do the same? And if you greet your brothers only, what do you do more than others? Do not even the Gentiles do the same? Therefore you are to be perfect, as your heavenly Father is perfect.

Gospel According to St. Matthew 5:43.

Truth Will Out! @digitalmusicnws: Surprise! The ‘Music Modernization Act’ Prohibits Litigation Against Streaming Services [With New Even Safer Harbor Power Play] — Artist Rights Watch

January 15, 2018 Leave a comment

[Editor Charlie sez: You’ve all probably gotten mass emails full of glittering generalities about the controversial Music Modernization Act that don’t tell you what the bill actually says or the power play that’s actually going on. Well…you’ve been Sneekyfy-ed! More News from the Goolag on the latest government taking by the lobbyists to follow!]

via Truth Will Out! @digitalmusicnws: Surprise! The ‘Music Modernization Act’ Prohibits Litigation Against Streaming Services [With New Even Safer Harbor] — Artist Rights Watch

Read the post by Paul Resnikoff on Digital Music News

Read the Music Modernization Act here

Spotify Class Action Take 2: @stuartdredge: HFA/Rumblefish to handle Facebook’s indie publishers

January 11, 2018 Leave a comment

[Editor Charlie sez: Remember what Bluewater Music Publishing’s counsel Richard Busch had to say about Spotify?

At the time that Spotify hired HFA, HFA had a database with less than the number of recordings and compositions available in the Spotify library. Between this insufficient database, Spotify’s piecemeal system, and HFA’s own lack of a system capable of complying with the statutory requirements for compulsory licensing, copyright infringement was assured.

Despite knowledge of these deficiencies, Spotify moved forward with a non-compliant system that allowed for massive infringement from its launch in the United States in June 2011.

Not to worry, little people, they’re baaackkkk…..]

Facebook is also announcing a partnership with SESAC and HFA/Rumblefish that will cover songwriters signed to independent publishers, with Rumblefish sharing data with Facebook to help it identify and clear works.

Or, as the social network’s head of commercial music publishing partnerships Scott Sellwood put it, a deal that will offer indie publishers “the opportunity to participate in a new licensing program with Facebook. The program will enable users to upload and share videos with music on Facebook, Instagram and Oculus and allows publishers to be compensated for the use of their music”.

Read the post on MusicAlly

[By the way, does anyone know what the deal is? Or if it will cost more to sign up than you’d ever make?]

 

The Slippery Slope of Censorship: @HuffPost Pulls Story Critical of @Spotify Ahead of IPO — The Trichordist

January 9, 2018 Leave a comment

Artists Rights advocate Blake Morgan (#IRespectMusic) published a story in the Huffington Post this morning critical of Spotify. The story was rapidly gaining traction when it was suddenly deleted and Morgan received this email from the Huffington Post telling him he’d been censored From: Bryan Maygers Subject: Spotify’s Fatal Flaw Exposed Date: January 8, 2018 at 11:43:41 AM EST […]

Here’s Blake’s piece in its entirety.

Spotify’s Fatal Flaw Exposed: How My Closed-Door Meeting with Execs Ended in a Shouting Match

I love streaming.

I love making playlists, I love being able to download streamed music so I can listen when I’m offline, and I love being able to bring that music with me. In short, I think it’s a great distribution method.

What I don’t love is how little musicians get paid for all that streaming. It’s not fair––not even close. What’s more, middle-class music makers are the ones who are hit hardest, whose businesses are threatened, and whose families are put at risk. So how can I be against the way streaming companies treat musicians but not be
against streaming itself?

The same way I’m against the electric chair, but not against electricity.

Read the complete post on The Trichordist:  The Slippery Slope of Censorship: @HuffPost Pulls Story Critical of @Spotify Ahead of IPO — The Trichordist

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