lovehate: Five Myths of Canadian Copyright Dissolution

Having the first few minutes at home, in front of my desktop, since attending the Copyright Town Hall Inc. Lobbying Mixer this past Thursday at the palatial Royal York Hotel in Toronto's Financial District, I have decided to construct a blog post/submission to the copyright website all in one. And far be it from me to do anything normally, I thought I would use my words to poke some holes in the common myths that revolve around relaxed copyright legislation.

Myth One: Copyright is responsible for Canadian Culture

I can't believe that I actually heard one of the record execs in Toronto essentially say that strong copyright laws lead to better corporate abilities to promote Canadian culture around the world. Are we to believe that major label music is to be the hallmark of Canadian culture? Do I really want Nickelback and Avril Lavigne to be what people in Suriname, Guyana, or Guatemala think of my country's culture? Culture existed far before companies figured out how to monetize physical media, and it will always exist, even far after the death of an antiquated copyright system.

Myth Two: Copyright is responsible for creativity

Beyond the suits echoing the following sentiment, I can't believe that so many so-called "artists" tried to assert that strong copyright laws and the ability to monetize content was the reason for their creative output. To say that you cannot afford to create anymore if you can't make a living from it means one of two things: 
  1. You're not an artist, but a craftsperson doing nothing more creative than an assembly line worker cranking out product for money, thus, when the money dries up, so does your "ability".
  2. You actually believe that someone OWES you a living for doing something you proclaim to LOVE doing. I have written music, plays, essays, articles, poetry for all of my adult life because I enjoy creating. Let me repeat that - I ENJOY CREATING! I wish I could make as much money writing and playing music as I do in my day job, but I've accepted reality and not stopped creating. And before you think you're better than me at writing or music just because your output is marketable to the mainstream, and a suit wants to rake 98% of your money, get your head out of your ass.
Myth Three: Copyright protects content creators from getting ripped off

Copyright ensures that music creators will get ripped off by record labels. Most artists go deep in the hole when recording and need to sell tens if not hundreds of thousands of copies of a CD to get out of the red with labels. Labels know how to monetize the physical media platforms (like CDs) very well. They have not figured out how to monetize digital distribution systems. The "old school" way demands greasing palms of everyone and anyone connected with the industry to get radio play. A Creative Commons approach to copyright for musicians ensures all reasonable protections and allows for everyone online to find new ways to use and promote music - what a concept, public promotion instead of A&R departments!

But now anyone can record in their basement, and anyone can distribute online. Anyone has the viral video lottery shot that's probably even higher than catching big with a label. The record labels are surely being propped up by multi-conglomerate properties that form the axes of big media evil that swallow up all that threatens their dominance. There is no reason to think that band who can sell 2000 copies of a CD at $5 online would be any worse off financially than selling 20000 copies for a major label. The abusive Chris Brown sold tens of thousands of copies of one song because of its misappropriation in a YouTube wedding video. Record labels sell dreams of celebrity that are slimmer than becoming a professional athlete.

Myth Four: Harsh copyright punishments will deter P2P theft

Harsh copyright punishments will infuriate half the population who uses P2P for downloading copyrighted and legally-shared files.

To use an analogy, the Queen Elizabeth Way highway between Hamilton and Toronto has a posted speed limit of 100kph. When traffic is not bottlenecked, cars in the fast lane average 120kph without repercussion because EVERYONE in that lane does it. Doesn't necessarily make it right, but if the speed limit went up to 120kph, I bet the real speed would jump to 140kph. Drivers feel that they can drive safely above 100kph and, when weighing the value of the speed to their destination above the relative inability of authorities to choose to enforce the law, they choose to continue breaking it. Downloaders access copyrighted files for free because they don't feel they get value for the $15-20 they are forced to spend on a CD when they've only heard one song on the radio, television, YouTube, or Blip.fm.

Myth Five: ISP throttling of bandwidth is a logical way to deter pirating

Let me borrow another analogy. In Miami, 90% of all open sea drug smuggling occurs via speedboat, although all speedboats used for smuggling only account for a minuscule fraction of all the speedboats in Miami. The US Coast Guard decides to ban speedboats from all waters in Florida and only authorizes former speedboat users to travel in canoes. 

Sounds ridiculous? 

This is exactly the logic that ISPs are using when throttling an internet users traffic just because they use a Bit Torrent client. There is no sense in the idea that because pirates use Bit Torrent clients, that everyone who uses a Bit Torrent client must be a pirate. To allow ISPs to throttle on the basis on a type of software is unfair to consumers and, most often, not ever told to the customer.

And this analogy is especially ridiculous if you believe the ISPs are throttling to protect copyright. Their prime motivation is to save bandwidth for themselves so they can nickel and dime customers that are bound their CRTC-enforced monopolies.
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That's my two cents on copyright reform, which is probably more than a musical artist signed to a major label makes when I buy a copy of their song on iTunes.

thinglets: An Aural Media Evolution

The attached picture set does not only show how the size of removable media has changed over the past hundred years, but also the ironic evolution and devolution of sound quality. Where people were once willing to listen to the Edison Cylinder as the pinnacle of recorded music, is seems the pre-eminence of the 128kb mp3 has reduced our expectations of quality to their lowest levels since then.

thinglets: The Beginning of the End of the Compact Disc

With EMI announcing that they will only be selling CDs to large retailers from now on, and that small stores will have to buy their stock from the “large” retailers (read: Walmart), CDs and independent music stores are hearing the death knell in the not-to-distant-future.

Gone are the days I remember of growing up at the local record store and meeting with friends, music geeks, and other pretentious community members who spent hours debating who the best drummer was. It may have been a bit sad, but it was ours. I’m certainly not expecting the Compact Disc to be around forever, but to screw over the independent retailer and pumping business to a chain like Walmart… I better not hear any more stats about how CD sales are slipping as a defense against P2P; their obviously doing their best to make sure sales fail.

Hey EMI, the Jerkstore called and they're all out of you!

we all had to say goodbye
unlimited supply – e.m.i.
there is no reason why – e.m.i.
i tell you it was all a frame – e.m.i.
they only did it ‘cos of fame – e.m.i.
i do not need the pressure – e.m.i.
i can’t stand those useless fools – e.m.i.
Sex Pistols – E.M.I.

Podcast 100 - Anniversary 1, Episode 100, The Centennial Screed

Thanks to everyone who's listened to podcast over the past year. On the first anniversary of Episode One of the lovehatethings podcast, I present Episode One Hundred, including discourses on the stagnancy of the Blu-Ray format, the reverse evolution of the remote control, and a summer list to get you a speeding ticket: The Top Ten Classic Arena Rock Summer Fast Driving Songs of All-Time.

lovehate: The Top Ten Classic Arena Rock Summer Fast Driving Songs of All-Time

Okay, I know it's another list, but this is one I've been thinking about for a while and summer driving has prompted me to put this together. If you have to drive somewhere for about an hour this summer, and you've got some open highway on the way, put this playlist together and hopefully you will be inspired to put the windows down, turn the air conditioning off, and go 10-15 mph over the speed limit... remember I said OPEN road. If I had to give you my straight-up Top Ten Songs of All Time, NONE of these songs would make the cut - but for summer driving, they're perfect.

In my suggested mix CD or playlist order:

  1. Boston - Foreplay/Long Time: Yeah, okay, you all love More Than a Feeling, but nothing in MTAF beat the guitar breaks in Long Time before each "Well I'm takin' my time..." instance. I know some of you may also find the pompous grandiosity of Foreplay a little overbearing while driving, but when the Tom Scholz signature riff comes in after the bass punches at the beginning of Long Time, you know it was worth it. Also, in as much as some of you may argue this is two songs and shouldn't count, tough sh** - my list. Plus, when have you EVER heard Foreplay on its own?
  2. The Allman Bros. - Jessica: A true driving song. It's hard to top the beat this song has when you're chugging down the blacktop with the wind whipping in your hair. The best of Southern Rock and driving music wrapped up in one neat KSA bow.
  3. Rush - Tom Sawyer: If just for the first 30 seconds alone, this song makes drivers jump on the gas pedal and make the dials go to 11.
  4. Bruce Springsteen - Born to Run: I've never been a big fan of The Boss, but I can listen to this song over and over again. Perhaps the only song with glockenspiel that makes the list.
  5. Meat Loaf - Bat Out of Hell: I know some people LOVE Paradise by the Dashboard Light, but the Jim Steinman-penned title track to this epic album kicks serious ass. From here on in, "kicks serious ass" will be reduced to KSA, because it will be used repeatedly.
  6. Foghat - Slow Ride: "Slow ride - take it easy." And yet every time this song comes on I seem to find myself speeding. It's now a song I'll always associate with the film Dazed and Confused - and that's not a bad thing!
  7. AC/DC - Back in Black: AC/DC is SO overplayed. I get that the simplicity of the rock riffs and beats appeal to masses more than almost any other band thats been around for 35 years, and I know that everyone probably has their favorite tune, but for driving, Back in Black is IT. Definitely not what you would call a fast driving beat, it is, however, perfect for pulling up to a stoplight somewhere along your journey.
  8. The Who - Won't Get Fooled Again: CSI has done more to destroy the image of this song than the publicity was worth, but herein again is a case where the long 8 minute or so version is essential to your summer drive. And plus, how can you beat a song where the single coolest lyric is a Roger Daltrey screamed "YEEEAAAAAH!"?
  9. Jackson Browne - Running on Empty: Maybe not the "heaviest" song out there, but definitely one that was written for those behind the wheel. Incredibly singable - there's no way you can avoid belting out the chorus and looking like a fool while soccer moms in their hybrids give you weird glances. That said, if you're driving slow enough to be parallel with a soccer mom in a hybrid for more than a couple of seconds - step on it!
  10. Derek and the Dominoes - Layla (full version): Forget about the short AM radio version that came out back in the 70s. You want the 8 minute long epic with piano and slide guitar at the end so you can imagine you're Henry Hill being chased by a helicopter while on a cocaine bender. When listening to this version, try to also forget the devastating acoustic turn on this song done by Clapton in the 90s... made me want to drive into a telephone pole. The easy ending coda on this song makes it a perfect conclusion to the playlist - perfect for pulling up into the driveway.
If you have longer than an hour to go, please consider some of the tracks that didn't make the cut: Kiss - Detroit Rock City, Doors - L.A. Woman, Golden Earring - Radar Love, Stevie Ray Vaughan - Couldn't Stand the Weather, Queen - Fat Bottomed Girls, Deep Purple - Highway Star, Thin Lizzy - The Boys are Back in Town (I know, done to death, but fits this category so well), Elton John - Saturday Night's Alright For Fighting, Triumph - Magic Power (slow build, but great anthemic climax), and last [on the alternate list] Rainbow - Stargazer (I know a lot of you may not have heard this one before, but this song has a huge KSA factor).

If you want to spend $9.90 on 10 kick ass driving tunes on your favorite mp3 download site this summer, you could do a lot worse, and not much better, than any of these.

Here's a link to a Youtube Playlist I created that has full versions (most with video) to the 10 songs above. The embedded player below seems to have only caught five of the songs while embedding, so click on the link if you want all 10.

thinglets: K-tel "Pure Power" commercial

I'm not sure what the definition of Power was when they put this compilation together, but Dream Weaver, an Alice Cooper ballad, and another ballad by England Dan and John Ford Coley have never screamed "POWER" to me. That, and a Kiss song that sounds more like Roots Rock than their regular catalogue, made Pure Power a powerful misnomer... and that said, the 70's cheese addict in me LOVES this freakin' album OR 8-track.

lovehate: The Great Throttlewall of Canada

“Madness is badness of spirit, when one seeks profit from all sources” - Aristotle

For the past week the Canadian Radio and Telecommunications Commission has been listening to ISPs press for the ability to regulate internet bandwidth based on their ability to soak every last penny from end users/customers across Canada. While I understand that the minutae of such hearings in an Ottawa committee room may not be of tremendous interest to anyone outside of Canada then I would urge you to reconsider. These considerations are not just national because the money that is backing much of the anti-net neutrality debate is coming from multi-national music and film conglomorates that don't only seek to enact such restrictions in Canada, but world-wide.

The end run of film and music lobby groups is in no small part responsible for a press to throttle the internet. If ISPs are allowed to eliminate your computer's throughput because you're downloading a video or music file using a bit torrent protocol, the hope, on the part of the studios is that you'll eventually stop doing it. But what about legal files shared through bit torrent technology? If I had a CD or independent film to offer up for free (or pay-what-you-want), the bit torrent protocol would likely be the only way I could afford to pursue such a practice, yet ISPs and studios want to shut it all down.

If there's one thing I've learned over more than 20 years of 300 baud dialups to BBSs to highspeed surfing through social networks, recommendation engines, and news aggregators, it's that the net is REALLY good at self-regulating. I'm not denying the illegal activities that go on with file-sharing, but where were all of these lawsuits against people making mixtapes 25 years ago?

Data are clusters of ones and zeros having no more or less intrinsic value than an ascii text string. To assume by the method which I choose to acquire data, that somehow it's automatically illegal, is idiotic. It analogous to saying that, because speed boats are used more often than canoes to smuggle cocaine, anyone who uses a speedboat can go no faster than those in the canoe or they must be cocaine smugglers.

I pay for high speed internet. Let's repeat that: I PAY FOR HIGH SPEED INTERNET!

I don't pay for high speed web page surfing or Youtube watching or email sending or podcast listening. I pay for bandwidth. I pay the same amount as anyone else pays with my provider. They have every right to use their bandwidth to its fullest potential. To imply that my downloading habits adversely affect someone who is choosing to use even less doesn't make sense. My basic cable and telephone subscription packages are a flat rate no matter how much I use them. Does this mean that if I watch less television, I should get a rebate? Should get a cut rate telephone bill if make only half the calls that my neighbour does while on the same package? To sell an upload/download speed and then throttle back the advertised speed I purchased, without telling me when or why, is an unfair business practice that is probably actionable... though I am far too lazy to hire a lawyer.

To put it in a completely exaggerated way, ISPs are participating in their own form of Neo-McCarthyism. It's like the great "Red" scare: "Have you downloaded or watched, or have you consorted with anyone who has downloaded an illegal copy of a Harry Potter film?" If we allow ISPs and media conglomorates decide that it's okay to punish those who use a TYPE of program they don't like, what's next: The Great Throttlewall of Canada?

Fight for your right to an open internet. And if anyone has the gumption to start up a class-action lawsuit for ISPs throttling my bandwidth without telling me, I'll sign up.

DyscultureD Podcast Thirty Eight: The Double Down

This week's episode!

My other web outlet is at DyscultureD where we do a weekly podcast on all things right and wrong with pop culture. Follow the link above to this week's episode... show notes below.

Full Dysclosure

  • The scratch ticket affair that is the MJ memorial
  • Bell buys Virgin Mobile and The Source
  • BNN buckles on IP and copyright video clips
  • Pirate Bay sells short
  • Alternate Bit Torrent options
  • Browser Wars Part @?$#%
  • Canadian made TV hitting US Big 3
  • Cheap Trick’s not-so-cheap trick in music promotion

Websites of the Week

  • Mike - bookseer.com - a simple recommendation engine for your NEXT read
  • Anth - theusermanualsite.com - ever lost a user manual for a gadget or appliance? Find it here.

Music

Laura Smith - I Spy a Monster - www.laurasmithmusic.com