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The Singularity is Nigh: Amazon Fake Brand Personality Follows China’s Fake News Presenter with US Right of Publicity Infringement

February 7, 2020 Comments off

Remember when China’s Xinhua News Agency debuted its first AI news presenter modeled after real Xinhua anchor Zhang Zhao (taking “fake news” to a whole new level)?

Not to be outdone, Amazon has taken fake presenters to a whole new level–fake endorsers!  No more celebrity endorsers with their inflated fees for endorsing products they may or may not care about.  Oh, no.  Amazon goes all the way to fake on a one way trip to Minority Report-land.  According to Venture Beat:

If Amazon has its way, companies will soon tap Amazon Web Services (AWS) en masse to create voices tailored to their brands. The Seattle tech giant today launched Brand Voice, a fully managed service within Amazon Polly, Amazon’s cloud service that converts text into lifelike speech, that pairs customers with Amazon engineers to build AI-generated voices representing certain personas….

But this is the most ridiculous part of the story:

Such technology has obvious commercial implications. Brand voices — such as Progressive’s Flo, who is played by actress and comedian Stephanie Courtney — are often tasked with recording phone trees for interactive voice response (IVR) systems or e-learning scripts for corporate training videos. Synthesization could boost actors’ productivity by cutting down on ancillary recordings and pick-ups (recording sessions to address mistakes, changes, or additions in voiceover scripts) while freeing them up to pursue creative work — and enabling them to collect residuals.

Right.  See, Amazon’s just trying to be helpful.  Because the actors will still “collect residuals”.  Really?  (Remember Fraley v. Facebook when Facebook ripped off the right of publicity of millions of its users?  If they’ll do that, what makes you think that Amazon’s true motivation is to help actors “collect residuals” rather than not pay actors at all?)

And if that’s even true, how long to you think that’s going to last?  It’s a rather selective fact choice anyway because the real question is how much longer until the actor is replaced altogether and how close can the fake AI actor get to the original before its a right of publicity case?

Even that issue will probably not be around for very long–the direction is to replace the actor altogether like Max Headroom.

So why is this man laughing at you?

Bezos Laughing

@realrobcopeland: WSJ Reports Google Reveals YouTube Revenues of $15 billion of Value Gap, CEO Wants More–Where’s Ours?

February 5, 2020 Comments off

[Editor Charlie sez: This post first appeared on ArtistRightsWatch.com]

Very insightful reporting from Rob Copeland at WSJ on Google’s revenue that culls out YouTube’s share of Google’s revenue–and boy are we getting hosed.

Alphabet said YouTube exceeded $15 billion in annual revenue in 2019. That would be on the lower end of projections for the video business, which has been the subject of educated guesses for years, and suggests that YouTube pulls in less than $8 a year from each of its 2 billion users. On a call with analysts, Mr. Pichai said he believes there is “significantly more room” to make money off YouTube’s users.

Read the post on the Wall Street Journal.

Given that YouTube is heavily dependent on music videos, it’s hard to explain how YouTube is dead last in royalty rates:

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And remember, according to BrandWatch, “[a]s of Jan 2020, the 93% of the most-watched videos [on YouTube] were music videos” and according to IFPI’s Music Consumer Insight Report, 47% of time spent by fans listening to on-demand music is on YouTube.  So it’s hard to explain why YouTube royalties are so low–and I would actually say that YouTube royalties are actually negative when you take into account the total cost of dealing with YouTube on DMCA, Content Management System and Content ID.

If you can afford it–remember the A2IM and Future of Music Coalition study that showed the main reason that independent’s don’t pursue their rights is because they can’t afford to.  Not a big leap that they definitely can’t afford to challenge Google.

A2IM FOMC Study Slide

It’s all a little hard to understand.  Even at 1% of YouTube revenue for publishing, comparable to the low public performance royalty at radio (distorted by the radio oligopoly), the songwriters alone should divide up $150,000,000–in a comparable deal.  Artists should be grossing well over that in line with historical ratios.  Given the outsized impact of music on YouTube’s revenue, shouldn’t the total industry-wide royalty payment be vastly more than $150,000,000?  Why do we get hosed so badly on YouTube revenues?  My bet is that it’s not at the negotiator level.  Those are some of the most talented negotiators in the world.

But they’re on a leash and Google knows it.  It’s always seemed to be a situation where eventually someone upstairs calls and says, thanks for the great work on YouTube negotiation–we’ll take it from here.  And you see the result.  Hard to explain any other way.

But it may help to explain why this person is laughing at us.

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There’s Hope

January 30, 2020 Comments off
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The Trumpet that Shall Never Call Retreat

January 20, 2020 Comments off

Not as famous as some of his other speeches but one of the great ones.  He gave the speech on March 25, 1965 after leading a march of 25,000 from Selma to Montgomery Alabama.  Of his many life lessons, it must also be said that students of rhetoric would do well to spend a very, very long time listening, reading and thinking about speeches by Reverend Dr. Martin Luther King and his other writing.  There is a transcript here.

Happy Holidays and David’s Copyright Office Comments — The Trichordist

December 29, 2019 Comments off

We wanted to wish all our readers happy holidays and thank you again for supporting the Trichordist! As some of you may know, the Copyright Office comment period for MLC regulations just closed. We will be posting David’s comments and selected other commenters here for some holiday reading starting tomorrow. We want to thank the […]

via Happy Holidays and David’s Copyright Office Comments — The Trichordist

Google Says Don’t Break the Internet–Again–this time to Oracle at SCOTUS

December 26, 2019 Comments off

His Master had told him to call for help should a Wolf attack the flock, and the Villagers would drive it away. So now, though he had not seen anything that even looked like a Wolf, he ran toward the village shouting at the top of his voice, “Wolf! Wolf!”

As he expected, the Villagers who heard the cry dropped their work and ran in great excitement to the pasture. But when they got there they found the Boy doubled up with laughter at the trick he had played on them.

The Boy Who Cried Wolf, Aesop’s Fables No. 210

DBTI Lemley

Quick–how many times have you heard Google try to beat back challenges to their bad behavior with the old “Don’t Break the Internet” meme?  We’ve seen it many times, of course, but repetition doesn’t make it right and it definitely doesn’t make it true.

DBTI EFF

The EU Copyright Directive is a “Looming Catastrophe”

If there’s legislation, a lawsuit or some policy action that Google finds a commercial threat to their vast riches, especially including ill-gotten gains, it’s only a matter of time until they summon the academic and NGO chorus of Cassandras to bemoan, wail and rend garments over the single most important existential threat to humanity since the plagues of Egypt–breaking the Internet.

DBTI Orlowski

Breaking the Internet takes a few different forms including crushing innovation (or in the Googleplex, stealing everything that they can get away with).  And yet after a decade or more of this bunk, the Internet still trundles on, some how squeaking to get by despite Google’s breathless warnings.  Not to mention the multi, multi million dollar megaphone they use to broadcast their message far and wide from the halls of Congress to the children of Members of the European Parliament.

Google’s at it again, this time as part of the litigation involving its theft of copyrights from Oracle.  The problem for Google is that they can’t just run roughshod over Oracle the way they can practically everyone else, including governments.  We should be paying attention because for once Google may actually get punished in a way that hurts unlike the multi-billion fines in Europe that they absorb as a cost of doing business.

Here’s the story this time.  Google was getting their lunch eaten by Apple’s iPhone and needed to get Android up and running fast.  Google wanted to license a bunch of Java applications that were owned by Oracle.  You may say, what about Sun Microsystems which created Java?  Correct, but Oracle bought Sun so that’s how Oracle got involved.  And extra points if you remember who used to work at Sun Microsystems?  That’s right–UNCLE SUGAR!  Eric Schmidt his bad self.  Strange coincidence, yes?  The same Uncle Sugar who mysteriously resigned as Google’s executive chairman.  Uncle Sugar says, “Me, too!”  Boy we miss you Unk.

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The masked man says “Me, too!”

But I digress.  So Google supposedly creates some of its own Java-related software.  Let’s get this straight–Google could have developed their own platform with identical functions to Oracle’s Java as did Apple and Microsoft.  But–and this is really what I think the case is all about–Google made verbatim copies of several Java APIs that they couldn’t reverse engineer…sorry, I mean work around.  This all to avoid getting a license.  And you know how they argue that they got around those verbatim copies?

DBTI Shapiro

You guessed it–fair use.  Laughable, but no more laughable that Google’s whack a mole DMCA fake license practices they are fighting us on with their opposition to the CASE Act based on..you guessed it, fair use.  Breaking the Internet, etc.  It’s funny until you realize they are not kidding.

DBTI Internet Society

Google lost twice against Oracle in the case, but appealed its most recent failure to the Supreme Court of the United States, or “SCOTUS” as it’s known.  So Google’s big strong line in their papers is this:

Given the ubiquity of smartphones today, it is easy to forget the challenges that developers initially faced in building the operating systems that allow modern smartphones to perform their myriad functions. Among other things, developers had to account for smaller processors, limited memory and battery life, and the need to support mobile communications and interactive applications….[If Google loses the case, the ruling] will upend the longstanding expectation of software developers that they are free to use existing software interfaces to build new computer programs. Developers who have invested in learning free and open programming languages such as Java will be unable to use those skills to create programs for new platforms—a result that will undermine both competition and innovation.

Yep…law and order every time, marshal.  Google wants to wrap itself in the flag of those plucky “developers” who are just incapable of speaking for themselves so Google must do it for them as well as truth, justice and the American Way.  This is about as believable as Google positioning themselves to be on the side of artists because they paid some YouTubers to make propaganda against the European Copyright Directive.

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Will innovation survive?  Will the Internet be broken?  Or did the boy cry wolf one too many times?  Will justice be done for once and done to Google?

Stay tuned.  There may be another Wreck-It Ralph sequel in the works .

 

Churchill and Roosevelt Christmas 1941

December 24, 2019 Comments off

Christmas of 1941 were some of the darkest days in modern history for lovers of freedom.  After the December 7th attack on Pearl Harbor by the Empire of Japan, Winston Churchill came to Washington for meetings with Franklin Roosevelt that cemented the bond between the two and consequently the special relationship.

This Christmas Day message from the White House shot from a backstage angle tells you a lot about the two men and how hope springs eternal.

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