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Are Data Centers The New Cornhusker Kickback and the Facebook Fakeout?

July 9, 2018 Comments off

In case you were scratching your head about why Nebraska Senator Ben Sasse decided to stick his beak into trying to continue discrimination against recording artists who had the misfortune to record before 1972–here’s a possible explanation.  Maybe he was just getting his beak wet?

Remember, Senator Sasse introduced an amendment to the Music Modernization Act in the dead of night the day before the markup of MMA in the Senate Judiciary Committee.  While Senator Ron Wyden–another data center beneficiary of Amazon, Facebook and Google–was at least trying to dress up his complicity in a Chanel suit and Louboutin shoes.  Senator Sasse went the more direct route:

Sasse Amendement

Now why might he be so interested, particuarly given Nebraska’s musical history?  It turns out that there is quite the competition between Nebraska and Iowa for Silicon Valley’s data center business, particularly given the rewewable energy profile of each state (wind is 37% of Iowa’s electricity production and about 20% of Nebraska (including hydro).  That checks the box for Silicon Valley.

Of course, as we see from Senator Sasse’s tone deaf foray into copyright lobbying, Silicon Valley thinks they can play the rubes in return for building data centers in their state, just like they did with Senator Ron Wyden and the people of Oregon.  What does stiffing pre-72 artists have to do with data centers?  Nothing.  What does it have to do with playing footsie with royalty deadbeats like Google and Facebook?

Everything.

And rumor has it that there is a deal in the wings for a new Google data center in Nebraska.  Which also explains a lot.

But somehow, Facebook knows that its Silicon Valleyness may not be that popular with the rubes.

According to Data Center Dynamics, Facebook has been going to great lengths to hide its involvement in massive data centers being built in Nebraska, which gives “Cornhusker Kickback” a whole new meaning:

Operating under the alias Raven Northbrook, Facebook has its eyes on Nebraska, DCDcan exclusively reveal

Late last year, local council officials granted approval for a large data center project in Sarpy County, Nebraska, but the company behind the huge facility was kept a secret.

Now, DCD can confirm that the corporation hoping to build four 610,000 square foot (56,670 sq m) data center halls at the Sarpy Power Park is Facebook.

You can run servers, but you cannot hide them

SHOW FULLSCREEN

Raven Northbrook, certificate of authority, Facebook

Source: Nebraska Secretary of State

Sarpy County documents reveal that the company, which is publicly represented by infrastructure engineering and design solutions company Olsson Associates, goes by the name Raven Northbrook.

Read the post on Data Center Dynamics

Content Creators Coalition & MusicAnswers Applaud the Revision and Passage of the Music Modernization Act by the Senate Judiciary Committee — Artist Rights Watch

June 28, 2018 Comments off

PRESS RELEASE

[Washington, D.C.] – The Content Creators Coalition and MusicAnswers released today the following statement on the Senate Judiciary Committee’s vote in support of the Music Modernization Act.

C3 and MusicAnswers applaud the Senate Judiciary Committee’s vote to advance the Music Modernization Act, while incorporating key changes we had urged to make the legislation stronger, more transparent, and more equitable.

The MMA will strengthen the music ecosystem and all its participants, including songwriters, publishers, performing rights organizations, artists, record companies, music services and fans. It ensures digital music services will pay fair royalties for every song they stream, establish a better standard for determining royalty rates, and eliminate some out-of-date provisions of the PRO consent decrees. In return, digital music services get certainty, legal protection, and new streamlined tools to bring more music to more people at lower cost.

It’s a reasonable bargain, and, therefore, we have consistently and publicly supported the basic construct of the legislation.

We are especially grateful that the Senate Judiciary Committee, led by Chairman Chuck Grassley (R-IA) and Ranking Member Dianne Feinstein (D-CA), was willing to engage with our organizations on ways to improve the bill and include in the Managers Amendment approved today key protections for creators and the public.

As a result, the MMA now provides greater transparency, including rigorous audits to make sure that royalties are flowing to the correct parties, a commitment to educating all music creators about their rights and the royalties due them collected under the new Music Licensing Collective (MLC), a requirement to study and follow best practices in order to find the proper owners of unclaimed royalties, and increased clarity regarding who owns the data generated by the new system.

While we support the legislation and are proud of the changes we have achieved as artist and songwriter advocates, we continue to have concerns about three key issues: whether the entity that is designated as the MLC is being foreordained by the bill and precludes competition with the MLC; the composition of the Board of Directors of the MLC, which is unduly tilted towards major publishers; and the methods used to distribute royalties from works where even using best practices the authors could not be identified.  We urge the full Senate and the House to consider further improvements to those flawed provisions and we call on the Copyright Office to ensure in implementation of the final legislation that no stakeholder group can dominate the MLC and that all royalties are distributed in a fair and equitable and non-self-interested manner.

The process leading to this moment has been strong in many ways. But it has also included its fair share of divide-and-conquer tactics and efforts by powerful incumbent forces to crowd out grassroots organizations like ours and to divide the music community within itself.  We believe that we are strongest when we respect and support each other – a lesson too many in our business still have yet to learn.

We are deeply appreciative of the partnership c3 and MusicAnswers have forged. Together, we represent thousands of writers, producers, performers, and music business professionals, and over the past few weeks we have worked steadfastly to pursue improvements in the MMA. We look forward to future collaboration and welcome the involvement of other collaborative groups and individuals.

via Content Creators Coalition & MusicAnswers Applaud the Revision and Passage of the Music Modernization Act by the Senate Judiciary Committee — Artist Rights Watch

What’s Up With @SenSasse’s Vicious Little Amendment on pre-72?

June 28, 2018 Comments off

Sasse Amendement

It’s important to know who your friends are, and we’ve learned this week that Nebraska Senator Ben Sasse is not one of them.   It’s a bit surprising given Omaha’s musical legacy that starts with the big band era–you know, the musicians and artists Sasse was trying to dis with his amendment to strike the CLASSICS Act pre-72 fix from the Music Modernization Act.  Not to mention the Saddle Creek juggernaut.

It’s such a strange little tableau that it’s hard to really understand what in the world Senator Sasse thought he was up to with his vicious little amendment that would stab pre-72 artists and their heirs in the alley.  But we learned to keep a close eye on this character who seems to be in league with Senator Wyden, Google, Public Knowledge and the Electronic Frontier Foundation.

So while you think about that one, you may want to have a listen to his fellow Nebraskan, my friend Buddy Miles with my old band mate Wally Rossi on guitar.

 

Here Comes the Shiv: Sen. Sasse to Move to Strike the CLASSICS Act and Screw Pre-72 Artists

June 27, 2018 Comments off

MTP readers will not be surprised to learn that Senator Sasse is circulating an amendment to strike the CLASSICS Act from the Senate version of the Music Modernization Act.  The amendment appears to have been drafted by the Google Shills at Public Knowledge.

pk-google-shills

This is, of course, the classic back stabbing we have come to expect from Public Knowledge, so is par for the course.  What that means, of course, is that Google gets to screw the pre-72 artists and get their new reachback safe harbor that the songwriters and publishers gave up.

We need to move on this quickly.  If you can call your Senator and ask them to oppose the Sasse amendment to the Music Modernization Act (bill number S. 2823), that would be great.  You can look up your Senator’s information on Phone Congress at this link.  Choose “Any Other Topic Not Listed Here” on the pull down “Topic” menu.

 

Ron Wyden’s Teachable Moment: Should one Senator be allowed to stop 415 Members of Congress on the Pre-72 Fix

June 27, 2018 Comments off

It’s rare that we get insight into just how sleazy the Congress can be–but Senator Ron Wyden is giving us all a guided tour when it comes to his singular dedication to screwing pre-72 artists.  There is a process in the Senate called a “hold” (see this memo from the Congressional Research Service describing the rules for holds) which can seriously slow down passage of legislation.  Any one senator can put a hold on any bill, and Senator Wyden appears to be threatening to put a hold on the Music Modernization Act if he doesn’t get significant changes to the pre-72 fix, probably before Thursday’s “markup.”

That would be the pre-72 fix in the CLASSICS Act that was just passed by 415 Members of the House of Representatives.  That’s right–ONE senator can replace the judgement of FOUR HUNDRED FIFTEEN elected representatives of the American people.  ONE senator can crush the hopes of thousands of pre-72 artists or their heirs, because some people have waited so long to get a fair shake from the Congress that they died.

Why would any senator do such a thing?  You can kind of understand this anti-democratic shenanigans on a controversial bill, or a bill that barely passed the House.  On this bill, however, I have to believe that Wyden’s threatened hold can only be explained by blatant cronyism and swamp fever.  And Oregonians need to know the dark side to Ron Wyden.

MTP readers will remember the story of Senator Ron Wyden (D-OR) and his descent into the swamp.  You might think, what’s a senator from Oregon doing up to his eyeballs in cronyism and the slime?  Easy answer–cheap hydroelectric power from Oregon’s part of the Columbia River that powers many huge data centers owned by…you guessed it…Google, Facebook, Amazon, Rackspace.  Cheap power that goes straight to their bottom line.

 

heres-steam-shooting-out-of-the-dalles-data-center-in-oregon-as-its-cooling-down

Columbia River water vapor burned by Google’s Data Center at The Dalles, Oregon

 

All get tax breaks of dubious value to Oregonians according to a state audit and cheap power, crowding out local businesses and residents.  Each job created by these highly automated data centers costs the local communities up to $800,000–which might make it worth it to pay the companies to stay away.

Google, Facebook, Amazon and Rackspace all are members of the Internet Association, home to Mr. Shoegazer who gives “voting with your feet” a whole new meaning.   Google and Amazon are also members of the Digital Media Association or “DiMA”.  And DiMA’s grubby little paws are all over the Music Modernization Act, particularly the blanket mechanical license which reads like tech industry lobbyists wrote it.

And Google’s grubby little paws are all over Public Knowledge and the Electronic Frontier Foundation, both card carrying members of the Google Shill List and both leading the charge against the CLASSICS Act, now part of the omnibus Music Modernization Act in the Senate.  Remember, the omnibus Music Modernization Act includes CLASSICS as the fix on the pre-72 loophole .  CLASSICS allows artists who recorded prior to 1972 and their heirs to benefit from digital royalties when their recordings are played on SiriusXM, Pandora or any other noninteractive radio platform.

Wyden has proposed an insanely complicated and unworkable alternative to the version of CLASSICS that got the Music Modernization Act passed in the House.  The only reason that anyone is taking him seriously is because of his threatened hold and he’s going to try to jam this philistine and nonsensical alternative right down the throats of all the artists who had their hopes lifted when the House passed the bill unanimously.

All that Wyden is doing is using the hold system to leverage his way into jacking with the copyright term and throwing a bone to Google, Lessig and the entire anti-copyright and anti-artist crew.

And here’s what he should get for it…

Nothing.

He should get nothing at all and should be sent packing.  Let him place his hold and see what happens.  He may be narcissistic enough to believe that he’s entitled to replace the vote of 415 of his colleagues with his own cronyism, but we don’t have to buy it.

Nothing.  He gets nothing.

 

@Tched: Rethinking Local Newspaper Subscription Models For People Who Have Never Paid For News

June 24, 2018 Comments off

To save local news publications, readers in local communities will need to show renewed interest and willingness to pay for a newspaper subscription. This seems highly unlikely given that most newspapers still treat subscriptions like they did a decade ago.

By that I mean they have more in common with lawn care businesses than modern media businesses — billing people weekly rather than monthly. Grass typically grows enough after a week that this makes sense for a lawn care business to charge a person every seven days. By contrast, news is highly abundant and clearly doesn’t require payment for anyone that still desires to follow daily happenings — saying nothing of the quality. And yet, newspapers seem to think restricting access to their premium “product” is indeed the best way to show value of its news if offering a discounted weekly price doesn’t work.

Read the post on Medium and if you have time watch this 2009 Senate hearing on the Future of Journalism and Newspapers, especially David Simon’s testimony:

Understand I’m not making an argument against the Internet and all that it offers. But you do not in my city run into bloggers or so-called citizen journalists at City Hall or in the courthouse hallways or at the bars where police officers gather. 

You don’t see them consistently nurturing and then pressing sources. You don’t see them holding institutions accountable on a daily basis. Why? 

Because high end journalism is a profession. It requires daily full-time commitment by trained men and women who return to the same beats day in and day out, reporting was the hardest and in some ways most gratifying job i ever had. 

I’m offended to think anyone, anywhere believes American monoliths such as insulated, self-preserving and self-justifying school districts and chief executives can be held to task by amateurs pursuing the task without compensation, training or for that matter, sufficient standing to make public officials even care who it is they’re lying to or who they are withholding information from.

Operation Song

June 22, 2018 1 comment

“In a world in which everything is subject to the passing of time, art alone is both subject to time and yet victorious over it.”
― André Malraux

operationsong_logo_color_v1-400x400

I wanted to call your attention to Operation Song, a nonprofit run by our friend Bob Regan the songwriter.  It’s a wonderful organization that describes itself:

Operation Song™ is a 501(c)(3) non-profit based in Nashville Tennessee founded in 2012. We pair professional songwriters with veterans, active military and their families to help them tell their stories through song. We hold weekly workshops in Middle Tennessee and sponsor events and group retreats throughout the U.S. Those we serve need no musical background, only the desire to tell their story. In a typical session, the songwriter listens and encourages the participant to lay out the “puzzle pieces” of his or her experience. Together, they arrange those pieces into verses and choruses. The result is a complete song that they can call their own.

One should never underestimate the healing power of song and the importance of crystallizing the expression of experience.  That expression of experience in a song is one way we can be victorious over time as Malraux said.  Hey, it worked for Homer.

If you’ve ever been on an Honor Flight, you may have wondered about all the stories those vets had to tell if people wanted to listen.  Very often those stories don’t get told because the guys just don’t talk about it.  Operation Song is one way those stories not only get told but also are preserved.

I commend Operation Song to you and congratulate their efforts.  You can donate online if you’re inspired to do so, or pick up some merch or listen to the music.

Here’s an example of their work:

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