RIAA Starts New Wave of Lawsuits

Keen to keep up the pressure on illegal music swappers, the Recording Industry Association of America (RIAA) has launched another wave of lawsuits against illegal music sharers.

So far, the RIAA has launched 2,454 cases since last year, though none of the cases has reached trial stage yet – however, 437 have agreed to pay damages of about US$3000 (€2500) each.

It seems that the RIAA have yet to learn from the bad publicity that accompanied their last lot of legal action: 69 of these new cases are students. Whilst praising colleges for raising awareness of the illegality of copyright infringement, Carly Sherman, president of the RIAA said, “There is also a complementary need for enforcement by copyright owners against the serious offenders to remind people that this activity is illegal.”

The Recording Industry Association of America

New Version of iTunes Released

Well, this one caught us on the hop – normally I just select “Check for iTunes Updates” out of habit and expect nothing, but today brought the 4.5 update.

What’s new? The most obvious addition is Party Shuffle – a little application for keeping your soirées rocking. By selecting tracks from your playlists and presenting them in a slightly simpler (presumably so even drunk people can operate it), slightly prettier interface (it’s for parties after all), you’ll never make a musical gaff at a party again. It even shows the last five tunes played and what’s coming up, so people can still bicker over the music choice – and you can even set it so that it plays high-rated songs more often.

Artists featured in the iTunes music store now have handy arrows next them – clicking on the arrows will take you to a handy area in the store with the option of buying more music.

Another new feature allows users to share playlists – you can share your favourite list with friends and people you’ve never met, accompanied with some spiffy artwork made up of a mosaic of sleeves from the tracks in your mix. This is done simply by choosing “Publish playlist to music store” from the file menu. iTunes users can rate each other’s mixes (be prepared to be insulted by people you’ve never met in ways you’d never dreamed of) and top lists are displayed in the iTunes store.

Cheekily, iTunes will now convert your Windows Media files to AAC, if you require – so now you can have music bought from other websites on your iPod.

The Windows version of 4.5 seems to make it a better behaved Windows application, which is welcomed after the first release ignored all the user interface guidelines.

So, not major update but adds a few interesting features for the youngsters – it’s still the best jukebox software out there, and that’s even without a music store in Europe to back it up.

iTunes

Band, Super Smart, Release Ringtone Album

Apparently, they're called Super SmartPanda Babies is the new album from Super Smart, a German four-piece band – and it’s only available as a series of mobile phone ringtones.

There are many aspects of this story that make me want to leave my office and go and live in a cave but I can’t deny that it’s innovative and turns the entire music publishing and purchasing model (which is already in disarray anyway) on its head.

The album is, apparently, a sort of disco-pop/electro-punk affair and is published by Go Fresh Mobile Music.

Antonio Vince Staybl, GMM founder, describes the thinking behind Panda Babies: “Music has to be re-thought. 20 Euro for an inflexible album, lowest margins for artists as well as the loss of image of CDs, which are nowadays distributed everywhere free of cost as give-aways, necessitate an immediate change in thinking.” Toni Werner Montana, boss of the label, adds: “We release songs within a few hours Europe-wide without interfaces to the classical music industry. Our prices for a ring tone album or a compilation of ten to twelve tracks including a mobile phone video will settle down at four to five Euro and the price for a single ringtone at 1.49 Euro in the medium-term”.

As part of the project, the band wear panda heads to protect their identity – though from whom, I’m not quite sure. Me, possibly.

If anyone would like to send us a review of the album for publication here – please feel free to contact us. The best one wins something terrible out of my record collection, chosen at random.

GoFresh

Find Legal Free Music Easily

Funnily enough, just last week I was looking for some free music just for the hell of it – and I soon discovered that locating gratis tunes that are also legal tunes, is really not that easy.

Using the the popular search engines will provide you with plenty of links – but very little music, and a lot of undesirable stuff too. Enter CNET’s new service: music.download.com.

The site is incredibly easy to use – registration is not required, so you can simply browse to the music you think you might fancy and download it straight away. Within seconds I had downloaded and installed to my iPod some dreadful bit of ambient noodling that was obviously recorded by a bunch of deaf chimps after they’d be smashed in the face with hammers. The quality of many of the offerings is extremely good.

The site has an option for music creators to upload and comment on their tunes and thus should create a community around free content – a feedback function to artists is currently missing, but CNET hope to add more functionality, and get the recommendation engine going, soon. It is expected the archive to grow quickly, but is already quite expansive considering they’ve only been acquiring tracks for a couple of months.

Scott Arpajian, senior vice president of CNET Download.com said “While commercial music services have proliferated, we are the first large-scale provider to offer free music downloads in a discovery-focused environment, saving music fans valuable time in finding tunes that match their tastes. Our goal is to provide music fans free digital fuel for their devices, and exposure to original artists and songs that can become their new favourites.”

The new CNET site is another thorn in the side of the major labels – for the time being anyway, until they come up with a way of either competing with it or crippling it.

CNET bought the MP3.com domain name last year, but sadly the archive of tracks hosted by the site was destroyed as Vivendi Universal claimed it did not fit with any of their business initiatives.

On a related note, the charity Warchild have a music site, linked below, that allows subscribers to download music whilst donating to the organisation.

CNET Music Download.com

All-new MP3.com

Warchild Music

Disney License Soundtracks to iTunes

Disney have licensed popular soundtracks to Apple’s iTunes service – but they’ll only be exclusively available there until the end of September. Short licensing deals are a popular tactic with online music retailers: they allow flexibility in an evolving market, allow labels to pick and chose the most popular download service and permit licensors to distribute music from their own stores once the agreement has expired.

Amongst the music that will be available will be the soundtracks from Disney classics such as The Lion King, Snow White and the Little Mermaid. More recent films will also feature with music from hits like Toy Story and Finding Nemo.

Apart from this compelling content being licensed to a download service for the first time, the deal is interesting because of Apple’s connection with Disney: Steve Jobs runs iTunes and Pixar, and Pixar recently broke off their deal with Disney.

Jobs said in a statement “Now iTunes users can add these timeless Disney songs to their music libraries and enjoy them wherever they go with their iPods.”

Apple on the news

Stream Ripping Gains Popularity

We never did it of course, but many people remember sitting by their cassette radio as a child, waiting to tape favourite songs off the charts to a fresh C90. Stream ripping is basically a 2004 remix of that old Sunday evening tradition, and it’s providing music sharers with a “new” way to acquire content – and it’s untraceable.

Stream ripping applications allow users to capture multiple streams all day, amounting to several thousand songs. In fact, one program, StationRipper will record 300 streams simultaneously and make a separate MP3 for every song played. It will even skip broadcast tracks that you’ve already recorded.

We tried StationRipper this morning as a bit of reaseach and found it almost unbelievably easy to use. It works best with Shoutcast, but you can access any radio station stream you have a URL for.

One feature that particularly impressed us was the ability to buy whatever music was being played in a stream – simply click on the station and then the buy button: StreamRipper takes the track details to Amazon and presents you with the album featuring the track, if it’s found.

Greg Ratajik wrote StationRipper after he saw the limitations in other programs like StreamRipper32, and estimates that the program has been downloaded over 350,000 times.

Whilst not quite as user friendly as many P2P packages, and with many of the problems associated with recording traditional radio stations (lower broadcast quality, DJs prattling over the top of music), programs like StationRipper present a convenient way of time-shifting internet radio broadcasts.

Acquiring music from ripping radio streams is untraceable, unlike logging onto P2P networks and downloading tracks. The radio station will have a listener’s IP number, but since users aren’t required to log into most stations, it’s extremely difficulty to ID them. Besides, they have no way of telling if someone is listening to a stream or archiving it.

But is it legal? Stream ripping software has lots of non-infringing uses, so it looks like the programs have nothing to fear … yet. It’s really up to what the user then does with the music – if they are using it as a way to acquire music without paying, or then go onto to share streams or tracks that they have ripped, then that’s illegal.

Stream ripping applications go to further demonstrate that if labels insist on crippling music with restrictive and untrusting DRM, then inventive consumers will find ways to defeat it until they get a fairer system.

StationRipper

Shoutcast

Police Seize 200 Computers in Anti-Piracy Raid

Law enforcement agencies in 11 countries have seized 200 computers in raids on piracy networks around the world. No arrests have been made yet, but charges are expected to be brought.

The 120 synchronised raids were targeted at illegal operations in 27 US states and also in Belgium, Denmark, France, Germany, Hungary, Israel, the Netherlands, Singapore, Sweden and the UK. The raided groups are suspected of distributing games and films as “warez”. The US Customs Department estimated (and we suspect this is a real finger in the air guess) that the 100 participants identified were responsible for 95% of all pirated material online. We think that is highly unlikely.

The raids, part of Operation Fastlink, were described by US Attorney General John Ashcroft as “the most far-reaching and aggressive enforcement action ever” against online piracy. Amongst the equipment seized were 30 file servers. Looks like someone won’t be downloading that copy of Half Life 2 they were hoping to.

John Malcolm, chief of antipiracy operations for the Motion Picture Association told the Associated Press: “Today is a good day for creative artists. Without copyright protection and enforcement, piracy will dramatically and deleteriously impact the future of the American film industry.”

ZDNet on the story

Napster Hits Problems as European iTunes Launch Confirmed

Napster has run into licensing problems as it prepares its UK launch – with only four months to go. It would appear that the fragmented nature of Europe’s music labels, licensing bodies and royalty collection services are causing headaches for the new music services.

Negotiations are apparently heading back on track in the UK, but are only in preliminary stages in Europe.

Former Napster investors Bertelsmann AG will be in court in San Francisco next week where music labels are accusing the media giant of keeping the download service operational because of its investment in 2000.

Bertelsmann invested US$90 million (€76 million) in Napster in 2000, hoping to turn the service into the legal music site it is now. Now Universal Music and the EMI Group are claiming the $90 million investment cost them approximately $17 billion (€14.3 billion) in lost revenue because of illegal downloads.

Not a bad return on an investment, really.

Reuters

Napster – still Coming Soon

RIAA Drops “Clean Slate”

The Recording Industry of America has dropped their Clean Slate programme, it emerged after a California man challenged the initiative in court.

“As public awareness about the illegality of unauthorized copying and distribution of music files over peer-to-peer computing has dramatically increased since the inception of the program, the RIAA has concluded that the programme is no longer necessary or appropriate, and has voluntarily withdrawn it,” stated the RIAA attorney.

Clean Slate was an initiative which encouraged people who had uploaded and shared music files to sign up and acknowledge in writing that they had broken the law. Individuals then promised that they had removed all illegal music files from their computers, and in exchange the RIAA pledged not to sue them when it started taking legal action against file swappers.

Only 1,108 people have signed up for the programme since in was launched in September 2003, most of them in the first few weeks.

Eric Parke challenged the Clean Slate programme in court, and accused the RIAA of fraudulent business practices. Clean Slate was criticised from its début as offering limited protection: it never promised any sort of guarantee if a body other than the RIAA, say for example a record label, decided to prosecute someone on its handy list of offenders.

When Parke took the RIAA to court over the programme, they requested that the case be dismissed, as Clean Slate had been quietly dropped. Nice of them to tell everyone.

The terms of Clean Slate

NAB: Want to interact? Dial #YES

YES Communications have a new interactive mobile phone service for radio listeners in the US. Dialling #YES (#937) on a mobile phone connects listeners to a sophisticated voice service that allows them to identify, rate, share and (importantly, no doubt) buy any song that’s been played on participating stations in the last 24 hours. Listeners can also participate in live polls and promotions.

The service goes live in the autumn – and will provide access to play lists from MTV, MTV2, VH1 and 2,500 radio stations. The service will therefore need to keep track of 600,000 songs in a 24 hour period.

The YES service is free to radio stations and costs the user US$0.79 (€0.66) per call, plus US$0.20 (€0.17) per minute. Radio stations then get a cut of the revenue for promoting the service.
“YES turns more than 600,000 songs per day into advertisements for themselves. The 2,500 stations we offer have about 75 million listeners at any given moment, so we provide a response platform for 45 trillion impressions every day,” said Daniel Goldscheider, CEO of YES Networks, Inc. “It will be a great tool for radio to turn listeners into active participants, to get deeper insight and to open a new and recurring revenue stream.”

The service reminded us vaguely of Visual Radio, but seems somewhat backward by comparison with Nokia’s project.

As previously reported, Nokia are rolling out Visual Radio to stations in Helsinki, allowing users to view video, take part in polls, quizzes and games, and download songs, ringtones and graphics. Whilst the number of tracks that YES deals with is certainly impressive, the service itself trails way behind Visual Radio in terms of scope and interactivity – we believe it’s another strong indicator that the mobile phone market is far less well-developed in the USA.

We don’t think the Finns will be losing any sleep over this one.

Yes Communications

A demo of Visual Radio