Hard News by Russell Brown

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Hard News: Our new strategy is to FAIL

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  • LIISA,

    But you know what? Someone in a position to know (or at least speculate) suggests to me that eMusic has never had the right to sell to New Zealanders. Which would explain certain recent events ...

    Although that does cast an even more interesting light on the RIANZ submission's bigging-up of eMusic ...

    Yes, we tried to interview eMusic for Music 101 on RNZ last year - thinking: "finally, a business model which might work!' After the PR person initially being keen-as, they came back & declined because they didn't want the coverage in a territory they didn't actually have covered off. (I wasn't here yesterday for this discussion, hence late contribution)

    Wellie • Since May 2008 • 46 posts Report

  • Rich Lock,

    Just like e. e. cummings.

    e.e. cummings might not be the best choice of driver for our book racer team....

    she being Brand

    -new;and you
    know consequently a
    little stiff i was
    careful of her and(having

    thoroughly oiled the universal
    joint tested my gas felt of
    her radiator made sure her springs were O.

    K.)i went right to it flooded-the-carburetor cranked her

    up,slipped the
    clutch(and then somehow got into reverse she
    kicked what
    the hell)next
    minute i was back in neutral tried and

    again slo-wly;bare,ly nudg. ing(my

    lev-er Right-
    oh and her gears being in
    A 1 shape passed
    from low through
    second-in-to-high like
    greasedlightning)just as we turned the corner of Divinity

    avenue i touched the accelerator and give

    her the juice,good

    (it

    was the first ride and believe i we was
    happy to see how nice she acted right up to
    the last minute coming back down by the Public
    Gardens i slammed on

    the
    internalexpanding
    &
    externalcontracting
    brakes Bothatonce and

    brought allofher tremB
    -ling
    to a:dead.

    stand-
    ;Still)

    back in the mother countr… • Since Feb 2007 • 2728 posts Report

  • Joe Wylie,

    i slammed on
    the
    internalexpanding
    &
    externalcontracting
    brakes Bothatonce

    Forced handbrake stop - what a hoon, I had no idea.
    Also a bit of a dirty bugger. Respect!

    flat earth • Since Jan 2007 • 4593 posts Report

  • Geoff Lealand,

    I had meant to run a dedicated NZIFF blog, but work and my emergency medical excitements got in the way. I'll get up a rolling discussion this morning.

    Thanks, Russell. I didn't want to come across all impertinent.

    Screen & Media Studies, U… • Since Oct 2007 • 2562 posts Report

  • Graeme Edgeler,

    So it's not "Orange Election Man", it's the non-gendered "Orange Elector". Ah.

    I'm pretty sure it's both. And Orange Guy, or Orange Elections Guy.

    And occasionally something like Schachengrubensteinowitz.

    Wellington, New Zealand • Since Nov 2006 • 3215 posts Report

  • Russell Brown,

    Thanks, Russell. I didn't want to come across all impertinent.

    Geoff, I regard you as very pertinent indeed ...

    Auckland • Since Nov 2006 • 22850 posts Report

  • Russell Brown,

    The MED discussion paper on S92A is out now.

    Money part as follows ...

    The Proposed Approach: Summary

    Phase 1- First Infringement and Cease and Desist Notice Procedure

    Where a RH considers on reasonable grounds that there has been online copyright infringement of one or more of its works, RHs may invoke the section s92A procedure by sending a first infringement notice to an ISP. The notice will contain sufficient details to allow the ISP to identify the subscriber 908455 - 906598 concerned. This notice must then be forwarded by the ISP to the subscriber. If there is further copyright infringement by that subscriber, a RH may send, via the ISP, a cease and desist notice. The subscriber will have an opportunity to reply to either notice by way of a response notice directly to the RH with their name and contact details attached. Upon receiving a response notice, a RH will be required to accept or reject it and inform the subscriber accordingly.

    Phase 2- Obtain Copyright Tribunal Order

    Where a RH considers on reasonable grounds that there has been further (repeat) copyright infringement by a particular subscriber after a cease and desist notice has been sent, and the subscriber concerned has been provided with an opportunity to respond by way of a response notice, a RH may apply to the Copyright Tribunal to obtain an order requiring the ISP to provide the name and contact details of the alleged copyright infringer (the subscriber).

    Phase 3- Copyright Tribunal

    A RH may then register an infringement complaint with the Copyright Tribunal which will ensure that the infringement complaint complies with requirements in statute/regulation. A RH may then notify the subscriber that an allegation of repeat copyright infringement has been lodged against them. The subscriber will have an opportunity to respond to the allegation and to elect to proceed to mediation. The Copyright Tribunal will be convened unless agreed otherwise. The Copyright Tribunal, in addition to available relief by way of damages, injunctions, account of profits or otherwise, may consider ordering a subscriber to pay a fine or an ISP to terminate the subscriber’s internet account.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Samuel Scott,

    That seems like a good compromise to me. It promises to be a bit of labored process therefore minor crims will probably be left alone - or have the chance to stop being naughty dicks and start buying music and renting DVDs like good citizens!

    It seems so weird to me that a lot of people genuinely think buying music is a drag. Buying a new CD with birthday money from grandma was the greatest thrill I could have as teenager.

    South Wellington • Since Feb 2008 • 315 posts Report

  • Jake Pollock,

    This Billboard article does a good job detailing some of the effects of eMusic's album pricing as described above. I'm trying to find some info on how many subscribers followed through on their threats and actually jumped ship.

    Also, apparently the 're-downloading' your music has caveats on it now.

    Raumati South • Since Nov 2006 • 489 posts Report

  • Geoff Lealand,

    It seems so weird to me that a lot of people genuinely think buying music is a drag.

    I agree but my buying practice must seem archaic to many young 'uns. I buy CDs (sometimes online; sometimes from a store), transfer them to my iPod and seldom play them again. Still, I like the CD as a physical object--the case and inserts. It may well be like the arguments over the e-book vs the paper book--all about tactile pleasures, portability, sharing etc.

    Nevertheless , I remain ambivalent about older models of the music industry, as they have screwing us for so long in respect of the actual-per-unit-cost of yer average CD (especially the out-of-license back catalogue), and the pitiful share artists get from the majors profit margin.

    Screen & Media Studies, U… • Since Oct 2007 • 2562 posts Report

  • Trevor Nicholls,

    Someone in a position to know (or at least speculate) suggests to me that eMusic has never had the right to sell to New Zealanders.

    I have been with emusic for years. Recently when my credit card rolled over to a new expiry date I had to update the detail on my account, and emusic kept rejecting it. After many exchanged emails the best that emusic has been able to say is (sic):

    We aware of the issue and are currently working to resolve it. The problems is occurring with account updates that need to be made in countries where service is no longer available. Your account will not be effected, but new registrants will not be able to sign up.

    Perhaps this also means I will no longer receive emails offering me "your recommended download for this month personalised just for you" - only to find that "this album is not available for download in your country". That was starting to severely brass me off.

    Wellington, NZ • Since Nov 2006 • 325 posts Report

  • Russell Brown,

    I have been with emusic for years. Recently when my credit card rolled over to a new expiry date I had to update the detail on my account, and emusic kept rejecting it. After many exchanged emails the best that emusic has been able to say is (sic):

    Bearing in mind that eMusic has done such a great job of realising a service for music fans I'm inclined to look externally for blame.

    The majors could have done this right. They could have made regional payments work, they could have selected those parts of their catalogues that would live well on eMusic.

    I've always thought that if I was to win Big Wednesday, I'd buy back the Flying Nun catalogue from Warners, do the rights thing once (and do it right) and make a beautiful thing with eMusic. It's kind of tragic that I don't feel like that any more.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Tony Parker,

    I agree but my buying practice must seem archaic to many young 'uns. I buy CDs (sometimes online; sometimes from a store), transfer them to my iPod and seldom play them again. Still, I like the CD as a physical object--the case and inserts. It may well be like the arguments over the e-book vs the paper book--all about tactile pleasures, portability, sharing etc.

    Nevertheless , I remain ambivalent about older models of the music industry, as they have screwing us for so long in respect of the actual-per-unit-cost of yer average CD (especially the out-of-license back catalogue), and the pitiful share artists get from the majors profit margin.

    You've summed up the way I feel too Geoff. Maybe it's because I grew up with vinyl. I still look forward to going to my local independent cd store to spend my hard earned dosh and feel that the cover/liner notes etc are all part of the package. I guess I could buy online/download but part of it is supporting the local guy and putting the money into the local economy. Unfortunately he's at the bottom of the food chain as far as the record companies are concerned often not getting new release stock for at least 2-3 weeks after the Warehouse/CD Store get it so yeah record companies are the enemy sometimes.

    Napier • Since Nov 2008 • 232 posts Report

  • Kyle Matthews,

    I've always thought that if I was to win Big Wednesday, I'd buy back the Flying Nun catalogue from Warners, do the rights thing once (and do it right) and make a beautiful thing with eMusic. It's kind of tragic that I don't feel like that any more.

    One suspects it might be the lack of winning Big Wednesday, not the changes to eMusic that might be the prime spanner in the works.

    Since Nov 2006 • 6243 posts Report

  • Angus Robertson,

    I don't much go for this downloading music malarky, but apparently there is a new site called Zookz that offers unlimited subscription based downloads for US$9.95 per month or US$17.95 per month for songs & movies. It effectively pays no royalties to the RIAA owners of the copyright and its legallity is based on a WTO sanction ruling against the USA violating international trade rules in favour of Antigua where Zookz is based.

    Auckland • Since May 2007 • 984 posts Report

  • giovanni tiso,

    That's hilarious. The Antiguans were rorted by the US so we get to circumvent copyright law without technically committing an actual infringment... Since no money reaches the creators or publishes, it strikes me as something you'd do if your concerns about p2p are purely based on the fear of getting caught.

    Wellington • Since Jun 2007 • 7473 posts Report

  • Russell Brown,

    That's hilarious. The Antiguans were rorted by the US so we get to circumvent copyright law without technically committing an actual infringment...

    It sounds a bit like allofmp3.com. I have struggled to convince certain geeks that that service is indeed too good to be true, and that the money goes not to artists, but to the Russian mafia.

    Auckland • Since Nov 2006 • 22850 posts Report

  • Angus Robertson,

    Since no money reaches the creators or publishes, it strikes me as something you'd do if your concerns about p2p are purely based on the fear of getting caught.

    In the online poker community* there's political motivation pro-Antigua in the trade dispute and will see ZookZ as a gambit worthy of support.

    * loose knit

    Auckland • Since May 2007 • 984 posts Report

  • Simon Chamberlain,

    emusic was great, it's getting worse and worse.

    Suggest everyone in NZ starts begging Spotify to set up over there. It's free and legal, and it's better than piracy (easier, quicker, better quality, better range).

    London • Since Aug 2007 • 33 posts Report

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