Category Archives: Listening Post

UNFORGIVABLE LIAR… If Woody Guthrie lived today he might write, “Some men rob you with a six gun, others with a microphone.”

from the March issue of Rock & Rap Confidential….

UNFORGIVABLE LIAR… If Woody Guthrie lived today he might write, “Some men rob you with a six gun, others with a microphone.”

In January, Bono announced his latest campaign to save the poor through capitalism–or rather, the other way around. This is Red, a marketing scam which finds the increasingly deranged U2 frontman in business with Nike, Converse, The Gap, Giorgio Armani and American Express. Red products include Converse sneakers made from “African mudcloth,” “vintage” Gap t-shirts, Armani wraparound sunglasses, and a red American Express card. The companies will donate “a portion” of their profits to fighting AIDS in Africa, the continent for whose poor Bono claims to be the spokesman. This portion is for the most part unspecified (American Express promises 1% of spending). Nor is it specified whether Bono takes a cut–presumably he would be crowing if he weren’t, as he did when U2 pimped iPods for free.

“It’s just a couple of degrees from becoming a Saturday Night Live skit,” says Noel Beasley of the UNITE/HERE textile workers union. “”It’s like if you took Bob Dylan’s ‘The Times They Are A-Changing,’ used it to pitch Rolex watches and tried to convince people that if they bought enough luxury goods they could make a revolution. It’s ludicrous on its face.”

Financial Times termed Red “the latest in a series of marketing experiments by companies worried that television advertising is losing its punch. Many of these efforts are based on the idea of using good works or services as a way to get consumer attention.” The term for this, in respectable marketing circles, is “corporate social opportunity.”

As Beasley said on Kick Out the Jams, Dave Marsh’s Sirius radio show, “This is obviously the economic wet dream of every retailer and credit card loan shark in the world, if you can pitch consumerism and credit card debt as the salvation of the planet, while garment workers and shoe workers are starving to death and literally burning to death in horrific conditions in places like Burma and Thailand.” As a member of the executive committee of the International Textile, Leather and Garment Workers Foundation, Beasley regularly monitors sweatshop and slave labor conditions around the globe, up close and in person.

Bono announced his scheme at Davos, Switzerland, where he attended the World
Economic Forum, a meeting of leaders of the world’s richest countries. According to Financial Times, he got the Red idea from Robert Rubin, one of the architects of Clintonomics.

Bono explicitly believes that only such powerful insiders can effect meaningful change. Capitalism controls everything, and therefore, only capitalist solutions can be “effective.”

In Caracas, Venezuela, the World Social Forum took place at the same time as the Davos conference. The WSF is a meeting of leaders and activists from around the globe, from poor nations as well as rich ones. It is dedicated to the proposition that social justice occurs only when people govern themselves. The World Social Forum is the sound of some of the world’s have-nots speaking for themselves, which Bono sees as counter-productive. But today, five South American nations are run by governments that believe otherwise, while the countries where schemes like Red operate, particularly Britain and the U.S., allow their populations to grow poorer and more powerless by the day.

Bono claims to be a disciple of Martin Luther King. Dr. King spoke of the “triple evils”–racism, war and poverty–as inextricably connected. He eventually concluded that opposing one of them without opposing all of them didn’t make any sense. So Dr. King risked his relationship with the LBJ administration by first attacking the war in Vietnam, then starting the Poor Peoples Campaign, which raised exactly the same issues as the World Social Forum.

Bono and his ilk want to convince good-hearted folks that there is no need for the lowly to move. As long as Bono cuddles with the mighty, poverty and AIDS in Africa are being powerfully addressed. So Bono, “spokesman for the poor,” meets with Bush and never mentions Iraq or New Orleans.

For the past several years, Bono has argued that African nations need to be relieved of their multibillion dollar debt to rich countries. Much of that debt has been erased. This has produced no tangible reduction in poverty. Bono has issued pronouncements about increased U.S. aid to Africa after every one of his meetings with George Bush and his senior officials. That increase never comes and, as detailed by an article last summer in the U2 fanzine Rolling Stone, the way what little aid there is gets dispensed makes conditions worse.

The 2007 World Social Forum will be held, fittingly enough, in Africa. An offshoot, the U.S. Social Forum, will be held next year in Atlanta, a symbolic return to the South which gave birth to Martin Luther King’s Poor People’s Campaign. Both of these massive gatherings (20,000 people are expected in Atlanta, 300,000 in Africa) will be suffused with culture, as artists from around the world speak directly with poor people, not about them from afar. The sound of a certain Irish pop star, off shilling for sweatshop syndicates and their middlemen, will be heard only faintly, if at all.

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The Pirate Bay: Winning the file-sharing wars?

The Pirate Bay: Here to Stay?

From wired.com
By Ann Harrison
02:00 AM Mar, 13, 2006 EST

Last month, the Motion Picture Association of America announced one of its boldest sorties yet against online piracy: a barrage of seven federal lawsuits against some of the highest-profile BitTorrent sites, Usenet hosts and peer-to-peer services. Among the targets: isoHunt, TorrentSpy and eDonkey.

But, as always, one prominent site is missing from the movie industry’s announcement (.pdf), and it happens to be the simplest and best-known source of traded movies — along with pirated video games, music, software, audio books, television broadcasts and nearly any other form of media imaginable. The site is called The Pirate Bay, and it’s operated by a crew of intrepid Swedes who revel in tormenting the content industries.

“All of us who run the TPB are against the copyright laws and want them to change,” said “Brokep,” a Pirate Bay operator. “We see it as our duty to spread culture and media. Technology is just a means to doing that.”

A quick look at The Pirate Bay’s lineup suggests which side is winning the piracy wars. Among the site’s most popular downloads are recent Oscar nominees and winners like Closer and Brokeback Mountain, Steven Spielberg’s Munich, the latest Harry Potter film and even stinkers like Underworld: Evolution and The Pink Panther. Downloading doesn’t require users to register or install spyware — if one has a BitTorrent client installed, anything listed is just a click away.

To international observers, The Pirate Bay’s defiant immunity from copyright lawyers is somewhat baffling. But in Sweden, the site is more than just an electronic speak-easy: It’s the flagship of a national file-sharing movement that’s generating an intense national debate, and has even spawned a pro-piracy political party making a credible bid for seats in the Swedish parliament.

Founded in 2003 by a loosely knit crew of file-sharing advocates called Piratbyrån, or Pirate Bureau, The Pirate Bay began life as a Swedish-language site occupying a second tier among popular torrent trackers. Then the MPAA’s groundbreaking 2004 crackdown on torrent hubs changed everything. As famous sites like SuprNova and LokiTorrent went under, their users crowded onto the surviving hubs like pelicans on a reef. When the storm passed, The Pirate Bay remained.

According to “Anakata,” one of the site’s operators, subsequent MPAA lawsuits have continued to drive more users to The Pirate Bay, which today boasts 1 million unique visitors a day. The Pirate Bay’s legal adviser, law student Mikael Viborg, said the site receives 1,000 to 2,000 HTTP requests per second on each of its four servers.

That’s bad news for the content industries, which have fired off letter after menacing letter to the site, only to see their threats posted on The Pirate Bay, together with mocking replies. Viborg said that no one has successfully indicted The Pirate Bay or sued its operators in Swedish courts. Attorneys for DreamWorks and Warner Bros., two companies among those that have issued take-down demands to the site, did not return calls for comment.

Viborg credits The Pirate Bay’s seeming immunity to the basic structure of the BitTorrent protocol. The site’s Stockholm-based servers provide only torrent files, which by themselves contain no copyright data — merely pointers to sources of the content. That makes The Pirate Bay’s activities perfectly legal under Swedish statutory and case law, Viborg claims. “Until the law is changed so that it is clear that the trackers are illegal, or until the Swedish Supreme Court rules that current Swedish copyright law actually outlaws trackers, we’ll continue our activities. Relentlessly,” wrote Viborg in an e-mail.

MPAA spokeswoman Kori Bernards insists The Pirate Bay violates copyright laws around the world. “Copyright laws are being enforced and upheld in countries all over the world and when you facilitate the illegal file swapping of millions of people around the world, you are subject to those laws,” said Bernards. “The torrent and torrent tracker is something that points people to various files that make up a copyright that is protected under the law.”

That legal claim is untested in the United States, according to Fred von Lohmann, senior staff attorney for the Electronic Frontier Foundation.

In Sweden, the legality of the trackers is a topic of considered debate.

For more on The Pirate Bay see: File-sharing thrives under the radar

W.Va. Capitol Housed Piracy Studio

From Dave Marsh’s Rock and Rap Confidential

In the notoriously corrupt state government of West Virginia, someone has finally made good use of stolen taxpayer money….

W.Va. Capitol Housed Piracy Studio
By LAWRENCE MESSINA
ASSOCIATED PRESS

CHARLESTON, W.Va. (AP) – Tucked away in the basement of West Virginia’s gold-domed Capitol, state officials say, an office was secretly transformed into a taxpayer-funded studio that may have been used to pirate DVD videos and music CDs.

Administration Secretary Robert Ferguson said his staff stumbled across the office after finding evidence that government purchase cards were used to buy $88,000 worth of computers and related equipment over three years.

The office contained hundreds of blank DVDs, CDs and jacket covers as well as numerous recorders for both mediums and more than one computer, according to a Jan. 5 memo written by state Chief Technology Officer Kyle Schafer. The memo was obtained by The Associated Press through the Freedom of Information Act.

“Specifically, one hard drive contained approximately 40 full-length motion videos,” Schafer wrote. “Two other hard drives contained over 3,500 MP3 music files.”

One computer had hacking software commonly used to crack header codes on copyrighted materials, Schafer said.

Ferguson said the FBI is investigating and has seized some of the hardware.

He cited personnel regulations in declining to identify who made the purchases or whose office contained the makeshift audio-video studio, located off a corridor near a boiler room.

“We will hold accountable those people who have abused the letter and the spirit of the law,” Ferguson said.

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Piracy party

From Billboard: Anti-IP Party Launches in Sweden

“A group of Swedish file sharers announced Jan. 1 that it is starting a new political party, the Piracy Party, to provide a legal environment for exchanging copyrighted property for free.

“Spokesman Sebastian Sjalin claims Piracy Party represents Sweden’s 800,000 file sharers who are ‘tired of being called criminals.’

“The manifesto promises to alter existing intellectual property legislation and prevent implementation of the December 2005 European Union Data Retention directive.”

The Piracy Party needs only 1500 signatures to become a formally recognized political party.

From The Inquirer: Swedish pirates form political party

By Nick Farrell: Tuesday 03 January 2006, 06:55

A BUNCH of Swedish file sharers have got together to form their own political party.
The Pirate Party (Piratpartiet) said that it is tired of being deemed a criminals and terrorists by the system for sharing a few measly files for no financial gain or loss to anyone.

In its manifesto, here, which is in Swedish, the party says that it is against seeing the developing world starve because the developed world refuses to share its intellectual property.

Its massage is that corporations are engaging in racketeering in the developing world and a few power hungry individuals and greedy corporate entities are infringing on privacy and integrity. Piratpartiet says that it will strike out immaterial law, ignore WIPO and WT, and annul any further treaties or policies that hinder the free flow of information. They will refuse to allow data retention nonsense based on terrorism claims or failed RIAA business models.

The new party, wants to break the four per cent barrier (225 000 votes) this autumn to take up seats in parliament.

Even if they the party gets no-one elected, it is clear that it does represent a backlash against copyright protection laws and the antics of the RIAA and its ilk.

File-share plaintiff plans own defense against record industry shakedown

From The Journal News (Westchester County, NY): File-share plaintiff plans own defense

The soccer mom who has become the face of the recording industry’s lawsuits against alleged online music pirates has decided to act as her own lawyer after racking up more than $20,000 in legal fees in her ongoing fight with several record companies.

Patricia Santangelo, the 42-year-old former Yorktown resident who now lives in Wappingers Falls, was sued in February by record companies that accused her of illegally trading copyrighted songs online. The recording industry has filed more than 16,000 lawsuits against individual Internet users since launching the federal lawsuit campaign in September 2003.

Record companies charge that the trading of copyrighted songs online through such computer programs as Kazaa and Grokster is a threat to the industry’s survival. Critics have decried the lawsuit campaign as a heavy-handed bullying effort by deep-pocketed multinational corporations against ordinary people.

Santangelo had hired a New York City law firm to defend her in the case in U.S. District Court in White Plains. Santangelo said she has never traded songs online and should not be held accountable if anyone else used her computer to do so. The divorced mother of five children, ranging in age from 7 to 19, works as a property manager for a real estate company.

She said she was in church on the Easter Sunday morning in 2004 when the lawsuit charges that songs were illegally traded through her Internet account. She could have settled the lawsuit for about $7,500 several months ago but said that she decided against that because “I didn’t do anything wrong.”

She recently lost a motion to dismiss the lawsuit. After that ruling by U.S. District Judge Colleen McMahon, Santangelo said, she looked at her mounting legal bills, now above $22,000, and was left with two options: settle the case or continue on as her own attorney.

“I thought about settling for a split second,” she said. “But I can’t. I can’t let it go. I have to see this through.”

More than 3,000 of the lawsuits have been settled with individual defendants agreeing to pay about $5,000 each to close the cases.

The prohibitive cost of fighting the suits makes settling an attractive option for most people, leaving the legality of the lawsuits unchallenged, said Fred von Lohmann, a staff attorney with the Electronic Frontier Foundation, a digital rights advocacy group that opposes the lawsuits.

“The recording industry has basically been able to run this operation like a shakedown,” he said.

A spokesman for the Recording Industry Association of America, the umbrella group that represents the record companies, said the companies are within their rights to protect their business.

“We’re working to help protect the future of music, including the ability of record labels to invest in the bands of tomorrow,” Jonathan Lamy said in an e-mail. “Downloading songs without permission is just as illegal as shoplifting, and it is every bit as wrong.”

Santangelo and the record companies are due back in court Dec. 22. That will be her first taste of lawyering. She said she was nervous about being her own attorney while untrained in the law.

“I think about it often. It’s a little scary,” Santangelo said. “But I can’t give in, no.”

RIAA Bans Telling Friends About Songs

From the fine folks at The Onion

RIAA Bans Telling Friends About Songs
November 30, 2005 | Issue 41•48

LOS ANGELES—The Recording Industry Association of America announced Tuesday that it will be taking legal action against anyone discovered telling friends, acquaintances, or associates about new songs, artists, or albums. “We are merely exercising our right to defend our intellectual properties from unauthorized peer-to-peer notification of the existence of copyrighted material,” a press release signed by RIAA anti-piracy director Brad Buckles read. “We will aggressively prosecute those individuals who attempt to pirate our property by generating ‘buzz’ about any proprietary music, movies, or software, or enjoy same in the company of anyone other than themselves.” RIAA attorneys said they were also looking into the legality of word-of-mouth “favorites-sharing” sites, such as coffee shops, universities, and living rooms.

After Grokster

Grokster, the popular file sharing service, shut down last week, five months after the US Supreme Court ruled against it in MGM v. Grokster.

Nearly 20,000 file-sharers have been targeted for legal action since 2003. And BBC reports the global recording industry has launched its largest wave of legal action against people suspected of sharing music files on the internet.

The latest move targeted 2,100 alleged uploaders using peer-to-peer (P2P) networks in 16 nations including the UK, France, Germany and Italy. File-sharers in Switzerland, Sweden, Argentina, Singapore and Hong Kong are also facing cases for the first time.

But Inside Higher Ed reports that Grokster’s demise is not stopping or even slowing down file sharing among university students.

Dan Bruno, an English and music major at Tufts University, told Inside Higher Ed, “ever since Napster 1.0’s closure, [file sharing] networks have multiplied,” . “People will continue to make [file sharing] networks as long as there’s still an Internet.”

Bruno said that earlier peer-to-peer file-sharing programs, like Napster, were somewhat easy beasts to tame. “A protocol like BitTorrent, though, is much more decentralized,” he noted. “It’s impossible for the RIAA to shut down because there is nothing to shut down — all of the information is not contained in one place. The only thing they can do is shut down the infrastructure, such as the Web sites where people announce available BitTorrents. But even that is impractical — sites can just operate out of other countries, as The Pirate Bay has.

I highly recommend the work of Siva Vaidhyanathan for thorough and accessible overviews of the issues at stake in the battle over copyright, digital access, and peer-to-peer networking.

Siva’s The Anarachist in the Library: How the Clash Between Freedom and Control is Hacking the Real World and Crashing the System presents the clash between information oligarchs and information anarchists as not a mere technology war, but a battle that will define culture.

Siva’s book Copyrights and Copywrongs: The Rise of Intellectual Property and How it Threatens Creativity is available online. Click here.

I also recommed the blog Sivacracy.net

For more on the Grokster shut down see: The Chronicle of Higher Education or read on… http://chronicle.com/free/2005/11/2005111601t.htm

Wednesday, November 16, 2005

Threatened by Entertainment Companies, High-Speed File-Swapping Network Closes

By BROCK READ

The popular peer-to-peer network that turned Internet2’s high-speed research infrastructure into a digital swap meet closed down Monday after months of legal attacks from record companies and movie studios.

The shutdown of the network, known as i2hub, is the latest in a string of victories for the entertainment industry in its battle against illegal file sharing. In recent months, industry officials have argued that grassroots peer-to-peer networks like i2hub have become more hospitable to campus piracy than commercial file-swapping networks like Grokster and Morpheus.

Before its demise, i2hub served students at over 200 institutions that are connected to Abilene, Internet2’s research network. The peer-to-peer hub, run on an open-source file-trading program called Direct Connect, was founded in 2004 by Wayne Chang, then a student at the University of Massachusetts at Amherst.

In April record companies and movie studios started filing lawsuits that accused students of using the network to pirate music and films. The Recording Industry Association of America has since filed suit against 635 i2hub users at 39 different institutions.

Lawmakers have also sought to put an end to i2hub. Last December two influential members of Congress sent a letter to Douglas E. Van Houweling, president of Internet2, asking him to crack down on the rogue network. The congressmen — Lamar Smith, a Republican from Texas, and Howard L. Berman, a Democrat from California — are the ranking members of the U.S. House of Representatives Judiciary Subcommittee on Courts, the Internet, and Intellectual Property.

Internet2 officials responded by sending the committee a report on the steps they had taken to control illegal file sharing, according to Lauren Rotman, Internet2’s media-relations manager. Internet2 does not condone piracy, Ms. Rotman said in an e-mail interview. But campus officials, not Internet2 administrators, are “in the best position to take responsibility for network issues that occur at the campus network level, including file sharing,” she wrote.

As pressure mounted against i2hub, the network made an attempt to prove that it had legitimate applications, experimenting with features like a textbook exchange and a dating service. But the U.S. Supreme Court’s June decision in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. — which found that peer-to-peer networks could be held liable for acts of piracy if they “induced” the violations — further compromised i2hub’s legal standing. In September the recording industry sent cease-and-desist notices to seven peer-to-peer networks, including i2hub.

‘Remember i2hub’

The Web site of i2hub, which once pseudonymously listed student representatives at over 30 different institutions, now simply reads “R.I.P.”

Mr. Chang, the network’s founder, declined to comment on the reason for i2hub’s closure. But he said in an e-mail interview on Tuesday that i2hub was already being commemorated by its campus fans. “Students are hanging signs, painting campus boulders with ‘Remember i2hub,’ etc., across the country,” he wrote.

The i2hub closure had more of a sense of finality to it than the shutdown of Grokster, the company which was at the center of the legal imbroglio over piracy. Grokster announced last week that it would no longer distribute its peer-to-peer software, although people who had already downloaded the software continue to use it to share files. But i2hub relied on a centralized router through which all users had to sign in. Mr. Chang has now disabled that router.

In a statement on the surrenders of i2hub and Groskter, the recording-industry trade group said it was “encouraged by the response of many of the illegal peer-to-peer sites to the Supreme Court’s unanimous Grokster decision.”

But the death of i2hub is not likely to have a significant impact on the volume of campus file swapping, according to some experts. At many institutions, students already use Direct Connect to operate intracampus hubs. They can also swap files using peer-to-peer software like BitTorrent, a popular open-source program. Since BitTorrent is a program, not a network, the entertainment industry has not tried to quash the software — even though the industry has managed to shut down some Web sites that help BitTorrent users locate downloadable files.

“I basically don’t think this will change the terms of the debate very much,” said Jonathan L. Zittrain, a law professor who is co-director of Harvard University’s Berkman Center for Internet & Society.

Even if i2hub officials could argue that their service wasn’t intended as a way to breach copyright, they likely painted themselves into a corner by “so openly and notoriously publicizing themselves as a file-sharing network,” Mr. Zittrain said.

Copyright © 2005 by The Chronicle of Higher Education

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In my ear (Not about the BC teachers strike)

Lots and lot’s of new tunes in the air. I don’t listen to the radio anymore (except when I’m in Alberta, when I tune to CKUA or in Louisville, KY (WFKP, two great stations both of which are available online). Here’s what’s been playing most frequently at home, in the car, and on the iPod…

Pop, pop, and more pop

The New Pornographers: Twin Cinema [Definitely one of the best albums of the year.]

Nada Surf: The Weight is a Gift

Fountains of Wayne:
[new & old] Out-of-State Plates
[old] Fountains of Wayne

Paul McCartney: Chaos and Creation in the Back Yard

The Beach Boys: Sounds of Summer: Very Best Of

Country/Alt-Country/Bluegrass

Nickel Creek: Why Should the Fire Die?

Rodney Crowell: The Outsider

John Prine: Fair & Square

Jimmie Dale Gilmore: Come On Back

Dwight Yoakam Blame the Vain [video for “Intentional Heartache”]

M. Ward

Rock of various types

My Morning Jacket: Z [Another great album from Louisville’s reverb rockers.]

Rolling Stones: A Bigger Bang

Sonic Youth: Goo (reissue)

Arcade Fire: Funeral

Matthew Good: In A Coma

Blues/Soul/Jazz/HipHop

North Mississippi All Stars: Electric Blue Watermelon

Van Morrison: Magic Time

Chris Whitley: Weed

DJ Shadow: Endtroducing…

Jim White Presents Music from Searching for the Wrong-Eyed Jesus and Drill A Hole in that Substrate and Tell Me What You See [Check out the video for “If Jesus Drove a Motorhome”]

Muddy Waters: The Chess Box

Howlin’ Wolf: The Chess Box

World

Mary Youngblood: Beneath the Raven Moon

Downbeat

Thievery Corporation The Cosmic Game