Dial-A-Poem – the original podcasting & I Will Not Pay the Patent

Listening to a great Radio 4 documentary about John Giorno’s Dial-A-Poem and the struggles they had against censorship and content – and they played part of Heathcote Williams’s incendiary – I Will Not Pay Taxes Until. Sadly some of these are still an issue – starting with the Queen and her purse bursting at the seams – and the smashing of the literary establishment and copyright!

These were the first podcasts I think – whatever Personal Audio the patent troll thinks*, and tbh I don’t really care, sue me if you can find me :-P and the explosion of access to poetry, politics, spoken word and even erotic porn (yes porn always leads the vanguard of technology, as much as the conservatives hate it) is a better corrolorary to podcasting than sending tapes in the post (ya rly). Hey EFF! Get John Giorno on the case!

Must say it is rather disturbing trend recently going after the users, though. Surely they should be idemnified by the existing settlements with the products they use, i.e. Apple, etc? If not, that’s a really screwed system and needs to be changed.

Not the first time I came across Dial-A-Poem aka Giorno Poetry System (GPS)- I came across a great podcast about it on Avant Garde All The Time years ago which is still up and well worth listening to also (it’s the first podcast they did, so currently #17 on that list).

* As I said on the request for prior art – as well as suggesting Dial-A-Poem, I said Personal Audio you can take my podcast from my cold, dead hands…especially as a US Patent, it doesn’t stand here…you’re welcome to spend silly money on UK courts though (US ruling would be ignored, patent infringement isn’t good enough for extradition!). Jim Logan, I refer you to Heathcote and his statement on taxes & copyright and I don’t owe you money. You do owe everyone else for wasting their time, though.

Cease and Desist Mark 2: Beastles gets pulled by the blue meanies

Years ago, on a different host and a different URL I got a Cease and Desist from EMI via the MCPS-PRS for a mashup I did…interestingly I haven’t been hassled since then, til now.

I’m mirroring the Beastles ‘Ill Submarine’ and it seems the RIAA & Universal is leading an attack on it, despite the coverage in Boing Boing, LA Times, HuffPo, Slate and many other places – Columbian radio I hear! – it’s being pulled across the interwebs, including the Soundcloud. Unlike last time where I just went quietly into the dark night and pulled my hosting, things will play differently this time.

For a start, Dear RIAA, I will post all conversations here, there will be no ‘chilling effects’ here. You are wrong. Amazes me in 2013 with all the stuff about orphan works, Creative Commons, a rich remix culture and the fact that record companies are double-dealing with getting DJs to create unofficial remixes while publicly attacking them, same with the bloggers (one side is giving them tracks, the other side is threatening to take them down). The record companies and their copyright organisations know they need the promotion, but they don’t want the legal precedent, so thus they bite the PR hand that feeds them.

So here’s the nastygram – I’d appreciate any legal help (Fair Use is obvious as it’s a US host & US company, and also the non-commerciality, this is a bunch of mashups not a full album shared for fun not profit). Popehat? Cory Doctorow?

If it does go sour I’m happy to move host since after PRISM having a US-based host is less than ideal anyway (and Ramnode just got hacked, scarily enough), although ironically the ‘Land of the Free’ have more laws about parody, fair use and even guidelines over allowing video mashups than most places, but the might of the dollar and legal threats still hold sway.

The album? Still up, and will stay up, I won’t remove it unless given a very good reason to do so (vague internet legal threats don’t count).

June 20, 2013

RamNode LLC
2430 Carlton Way
Macon, GA 31204

C252422

Dear Sir or Madam:

I am contacting you on behalf of the Recording Industry Association of America, Inc. (RIAA) and its member record companies. The RIAA is a trade association whose member companies create, manufacture and distribute approximately eighty-five (85) percent of all legitimate sound recordings sold in the United States. Under penalty of perjury, we submit that the RIAA is authorized to act on behalf of its member companies on matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet.

We believe your service is hosting the below-referenced file on its network. This file offers a sound recording for other users to download. We have a good faith belief that this activity is not authorized by the copyright owner, its agent, or the law. We assert that the information in this notification is accurate, based upon the data available to us.

We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the infringing file from the system, or that you disable access to the infringing file, and that you inform the site operator of the illegality of his or her conduct.

You should understand that this letter constitutes notice to you that this site operator may be liable for the infringing activity occurring on your service. In addition, under the Digital Millennium Copyright Act, if you ignore this notice, you and/or your company may also be liable for any resulting infringement. This letter does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained.

You may contact me at RIAA, 1025 F St. NW, Washington, DC, 20004, Tel. (202) 775-0101, or e-mail antipiracy@riaa.com, to discuss this notice. We await your response. Kind regards.

Sincerely,
Traci Crippen
Online Anti-Piracy
RIAA

http://www.radioclash.com/IllSub.zip The Beatles/Beastie Boys Ill Submarine
________________________________________________________________________________

Field Music – Choosing Sides

This is my tune of the moment – especially with the lyrics such as:

“I want a different idea of what ‘better’ can be, which doesn’t involve treating someone else like shit. I’m so complicit.” and “I want a better idea of what ‘better’ can be, which doesn’t necessitate having more useless shit” it is made of win.

I posted about being sad I couldn’t share this on the Twitters, and how annoying it was that bands (usually labels) don’t share things online or take YT stuff offline, and David Brewer of Field Music responded by posting the track onto Soundcloud for you and me to share and listen to! He also answered my question whether they have Steely Dan influences – no apparently! It’s just me then…?

Now that’s service – and despite my rant *ahem* I think someone who gets how music is changing in the age of social media…check out the tune, buy something, I like this band ;-)

Music Industry’s Never-Ending End Of Days?

Newsweek concluded their article on what they called “rock’s doldrums” by reminiscing about the “good old days” when Elvis Presley and the Beatles created excitement by providing an identifiable center to the pop music world, recording music that the various segments of the pop music audience could all share. According to Newsweek, Elvis and the Beatles were “Phenomena produced by a nation responding in unison to the sounds on every Top 40 radio station.” The magazine went on to predict that “In today’s fragmented music marketplace, no rock star can hope to have that kind of impact.”

Written yesterday? A few days ago? Last year? No that’s Newsweek from April 1982. A few months before Michael Jackson’s Thriller came out, and as this article in Billboard points out the cries of ‘too fragmented!’ and ‘too many other competing things!’ or even as I remember the classic ‘Home Taping Is Killing Music’ are all too relevant now. We still get never-ending articles about the death of monoculture, music piracy, the death of music sales, and that kids they just don’t want heroes anymore.

I think Steve Greenberg is right, we’ve been here before and feels like the calm before the storm…just takes something big or a real game changer, and given the fact that the industry is a complete mess, that’s very likely. And the move away from reality shows and boy bands with the likes of Adele and the anti-folk artists I would guess it would be something from that area – but come from anywhere. (via Clifton Stubblefield)


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