Piracy Fight Shuts Down Music Blogs
rootlesscosmo
12,848 Posts
December 13, 2010
Piracy Fight Shuts Down Music Blogs
By BEN SISARIO
Thanksgiving Day had barely begun when Kevin Hofman???s BlackBerry buzzed. It was one of the technical operators of OnSmash.com, Mr. Hofman???s popular hip-hop blog, telling him that the site had gone mysteriously blank just after midnight.
???At first I thought it was hackers,??? Mr. Hofman said. But within hours a notice went up on the site saying that its domain name had been seized by the United States Immigration and Customs Enforcement unit of the Department of Homeland Security; it was one of dozens of sites shut down, accused of copyright infringement and selling counterfeit goods.
But Mr. Hofman, a brawny Long Islander in his early 30s who formerly worked for a major record label, does not think of himself as a pirate.
OnSmash.com and the handful of other music blogs shut down by the government post brand-new songs and videos without licenses, but much of that material is often leaked to them by managers, music labels and even the artists themselves.
As a result, these sites have a complex symbiosis with the music business. While the Recording Industry Association of America wants to shut them down, the rank and file of the record labels ??? particularly in hip-hop circles ??? uses them as marketing tools and publicity outlets.
???To Joe Q. Public, ???leak??? sounds like a bad word,??? Mr. Hofman said in an interview at a pizzeria on the Lower East Side, his lawyer by his side. ???But if you???ve ever been in a marketing meeting at a record label, it???s ???Hey, can you leak this to the blogs???? Leak is now a marketing verb.???
In addition to OnSmash.com, the music sites shut down included Dajaz1.com, RapGodFathers.com and rmx4u.com; another, torrent-finder.com, is a search engine for users of BitTorrent, a file-sharing system that can be used for any kind of data.
The seizures over Thanksgiving weekend ??? most of the 82 sites involved were shut down for selling knockoff handbags, sunglasses and other goods ??? were made without warning. Internet advocacy groups like the Electronic Frontier Foundation have expressed alarm at the precedent the action might set.
Victoria A. Espinel, the White House???s intellectual property enforcement coordinator, said on Dec. 6 that more shutdowns could be expected soon as the government pursued ???pirates and counterfeiters.???
http://www.nytimes.com/2010/12/14/business/media/14music.html?_r=1&ref=media
Some of the people most surprised by the shutdowns are within the music business itself.
???The industry and my artists don???t have any issues with most of these sites,??? said Corey Smyth, a manager of rappers and producers like Lil Jon and Talib Kweli. ???When you???re trying to get something out, this is where the kids go.???
For artists, blogs that traffic in the latest leaks are not always beneficial, nor is it always clear where a leak is coming from. Fabolous, a Brooklyn rapper on the Def Jam label who has worked with OnSmash.com, said competition among blogs had resulted in a free-for-all in which e-mail accounts for artists and producers had been hacked in search of any snippets of new music that could attract readers.
???It???s a double-edged sword,??? Fabolous said. ???It???s a great, great promotional tool to get whatever you???re trying to get out to the masses. But on the other side it is a little bit of piracy, because sometimes it???s not always stuff that???s given ??? there???s certain things that are taken.???
More than a decade since the advent of the file-sharing service Napster, the big labels are still struggling to reconcile the promise and the threat of digital music.
Immigration and Customs Enforcement has not explained how it selected sites that deal in downloadable music, but a spokesman for the Recording Industry of Association of America, which represents the major music labels, said it had worked with ICE and other federal agencies in identifying infringing sites.
???The sites and services we identify are flagrantly violating federal copyright laws, illegally offering songs of well-known artists or pre-release content not commercially available online or in any store,??? said the trade group spokesman, Jonathan Lamy.
Mr. Hofman, who began his career working in the new media and marketing departments of a major record label (he would not say which one), enjoys easy access to artists and labels. His site regularly hosted showcase concerts in New York clubs, and had been festooned with artist shout-outs. The Miami rapper Rick Ross, in the liner notes to his recent Top 10 album ???Teflon Don,??? thanked OnSmash.com before mentioning his own record company.
???I get nothing but open-arm receptions,??? said Mr. Hofman, who is prominent enough in the music world that Kanye West links to him on Twitter. ???I turn down more industry invites than I accept.???
Mr. Hofman said tracks and videos were leaked to his site regularly, adding that if he received a cease-and-desist letter about unauthorized material on his site, he took it down.
Sites like OnSmash.com and Dajaz1.com had advertising, but their operators said the income from it was minimal. The operator of Dajaz1.com, who calls himself Splash (he would not give his real name), described himself in an interview as a married father of two in Queens who once worked in the music industry.
???I have a regular, Joe Schmo job,??? he said. But running an influential rap blog does have its privileges. ???I???m on the phone with Busta Rhymes once every three to four days,??? Splash said.
For now the seized domains are in legal limbo. David Snead, a lawyer specializing in Internet cases who is representing the owner of torrent-finder.com, speculated that it might be 30 to 60 days before he would be able to see a seizure order. ???The government is providing zero information to help us determine what he is being charged with,??? he said. ???It???s a black hole.???
Some of the sites have resumed their postings by simply relocating to other domains: RapGodFathers.com is now operating on RapGodFathers.info, and torrent-finder.com is now torrent-finder.info.
Mr. Hofman said he was ???extremely nervous??? about his legal situation, but also puzzled.
???I see myself as a legitimate source of content online, and I have no reason to believe that I was ever perceived as otherwise. If what I???m doing is so wrong and is harming the artist, then why is he retweeting stuff to two million-plus people???? Mr. Hofman said, referring to Kanye West. ???It just doesn???t make sense to me.???
Piracy Fight Shuts Down Music Blogs
By BEN SISARIO
Thanksgiving Day had barely begun when Kevin Hofman???s BlackBerry buzzed. It was one of the technical operators of OnSmash.com, Mr. Hofman???s popular hip-hop blog, telling him that the site had gone mysteriously blank just after midnight.
???At first I thought it was hackers,??? Mr. Hofman said. But within hours a notice went up on the site saying that its domain name had been seized by the United States Immigration and Customs Enforcement unit of the Department of Homeland Security; it was one of dozens of sites shut down, accused of copyright infringement and selling counterfeit goods.
But Mr. Hofman, a brawny Long Islander in his early 30s who formerly worked for a major record label, does not think of himself as a pirate.
OnSmash.com and the handful of other music blogs shut down by the government post brand-new songs and videos without licenses, but much of that material is often leaked to them by managers, music labels and even the artists themselves.
As a result, these sites have a complex symbiosis with the music business. While the Recording Industry Association of America wants to shut them down, the rank and file of the record labels ??? particularly in hip-hop circles ??? uses them as marketing tools and publicity outlets.
???To Joe Q. Public, ???leak??? sounds like a bad word,??? Mr. Hofman said in an interview at a pizzeria on the Lower East Side, his lawyer by his side. ???But if you???ve ever been in a marketing meeting at a record label, it???s ???Hey, can you leak this to the blogs???? Leak is now a marketing verb.???
In addition to OnSmash.com, the music sites shut down included Dajaz1.com, RapGodFathers.com and rmx4u.com; another, torrent-finder.com, is a search engine for users of BitTorrent, a file-sharing system that can be used for any kind of data.
The seizures over Thanksgiving weekend ??? most of the 82 sites involved were shut down for selling knockoff handbags, sunglasses and other goods ??? were made without warning. Internet advocacy groups like the Electronic Frontier Foundation have expressed alarm at the precedent the action might set.
Victoria A. Espinel, the White House???s intellectual property enforcement coordinator, said on Dec. 6 that more shutdowns could be expected soon as the government pursued ???pirates and counterfeiters.???
http://www.nytimes.com/2010/12/14/business/media/14music.html?_r=1&ref=media
Some of the people most surprised by the shutdowns are within the music business itself.
???The industry and my artists don???t have any issues with most of these sites,??? said Corey Smyth, a manager of rappers and producers like Lil Jon and Talib Kweli. ???When you???re trying to get something out, this is where the kids go.???
For artists, blogs that traffic in the latest leaks are not always beneficial, nor is it always clear where a leak is coming from. Fabolous, a Brooklyn rapper on the Def Jam label who has worked with OnSmash.com, said competition among blogs had resulted in a free-for-all in which e-mail accounts for artists and producers had been hacked in search of any snippets of new music that could attract readers.
???It???s a double-edged sword,??? Fabolous said. ???It???s a great, great promotional tool to get whatever you???re trying to get out to the masses. But on the other side it is a little bit of piracy, because sometimes it???s not always stuff that???s given ??? there???s certain things that are taken.???
More than a decade since the advent of the file-sharing service Napster, the big labels are still struggling to reconcile the promise and the threat of digital music.
Immigration and Customs Enforcement has not explained how it selected sites that deal in downloadable music, but a spokesman for the Recording Industry of Association of America, which represents the major music labels, said it had worked with ICE and other federal agencies in identifying infringing sites.
???The sites and services we identify are flagrantly violating federal copyright laws, illegally offering songs of well-known artists or pre-release content not commercially available online or in any store,??? said the trade group spokesman, Jonathan Lamy.
Mr. Hofman, who began his career working in the new media and marketing departments of a major record label (he would not say which one), enjoys easy access to artists and labels. His site regularly hosted showcase concerts in New York clubs, and had been festooned with artist shout-outs. The Miami rapper Rick Ross, in the liner notes to his recent Top 10 album ???Teflon Don,??? thanked OnSmash.com before mentioning his own record company.
???I get nothing but open-arm receptions,??? said Mr. Hofman, who is prominent enough in the music world that Kanye West links to him on Twitter. ???I turn down more industry invites than I accept.???
Mr. Hofman said tracks and videos were leaked to his site regularly, adding that if he received a cease-and-desist letter about unauthorized material on his site, he took it down.
Sites like OnSmash.com and Dajaz1.com had advertising, but their operators said the income from it was minimal. The operator of Dajaz1.com, who calls himself Splash (he would not give his real name), described himself in an interview as a married father of two in Queens who once worked in the music industry.
???I have a regular, Joe Schmo job,??? he said. But running an influential rap blog does have its privileges. ???I???m on the phone with Busta Rhymes once every three to four days,??? Splash said.
For now the seized domains are in legal limbo. David Snead, a lawyer specializing in Internet cases who is representing the owner of torrent-finder.com, speculated that it might be 30 to 60 days before he would be able to see a seizure order. ???The government is providing zero information to help us determine what he is being charged with,??? he said. ???It???s a black hole.???
Some of the sites have resumed their postings by simply relocating to other domains: RapGodFathers.com is now operating on RapGodFathers.info, and torrent-finder.com is now torrent-finder.info.
Mr. Hofman said he was ???extremely nervous??? about his legal situation, but also puzzled.
???I see myself as a legitimate source of content online, and I have no reason to believe that I was ever perceived as otherwise. If what I???m doing is so wrong and is harming the artist, then why is he retweeting stuff to two million-plus people???? Mr. Hofman said, referring to Kanye West. ???It just doesn???t make sense to me.???
Comments
(also, Rick Ross calls himself the "Teflon Don" really? How lame. Is he unaware of how un-gangster it is to simply lift someone else's nickname without adding any value to it?)
Considering the fact that he calls himself Rick Ross, I'd say that yes, he is unaware of that.
You're being ironic right? I mean, this is RICK ROSS we're talking about.
And Saba: I don't think the story implied there was NOT a warrant. I know under the DMCA, copyright holders can have web pages removed - by the site host - without having to offer a warning of any kind. They only have to notify the user that the page has been removed. I've had this happen to me on two occassions, but what was strange was that I didn't even know WHAT the offending material was that got the page deleted.
The article didn't indicate if actions were taking under the DMCA authority but it's not surprising to think that the gov't would have a means to shut down an entire domain name (I smell lawsuit over this though)
As noted, when I've seen DCMA related takedowns, all the information that was given was simply that content on my page was in violation of the DCMA and therefore, the web host (or, in this case, blog host) had the authority to simply delete the offending page. They did NOT provide me with anything more than just that; it effectively is a black hole of info since there's no specific information as to WHAT content was in violation (this was on a page with multiple songs).
So I'm not surprised if Hoffman and others are finding a lack of info. Note: these guys have not been CHARGED with a crime (yet), therefore I'm not sure if a warrant or some other kind of formal procedure (and information) is needed.
It also sees absurd that the artists can leak the material out in order to build an interest and then, when it's time to try and monitize it, they cry piracy.
I'm sure glad nobody goes to my site anymore.
its the lack of ads on SS
http://www.nytimes.com/2010/11/27/technology/27torrent.html?_r=2
http://www.businessinsider.com/homeland-security-is-seizing-internet-domains-left-and-right-2010-11
http://gizmodo.com/5699862/homeland-security-cracking-down-on-bittorrent-sites
One they take over the site they replace the homepage with this image:
I want to post that as my homepage on my blogs for shits and giggles but they may get me for copyright infringement of their logos and graphic design.
You could edit the logos enough to make them a parody.
This is precisely why shit is so ridiculous. You basically have multiple entities pursuing very different goals yet supposedly serving the same purposes. If labels are leaking material to sites to share...and RIAA or similar agencies are meant to be serving the interests of the labels...then who the fuck is prosecuting sites for sharing leaks.
aha that's a great idea.
Sez one of those illegal "bloggers." You should be ashamed for allowing people to listen to music for free.
[/sargasm]
It's called "sampling." All the kids are doing it. Plus, it sounded better than "MC Prizzon Gardd"
I do not think the music industry is benefiting from the ease of piracy. In the race of online security against piracy v. free sharing of music, I hope that security wins...for the sake of the artists and music in general.
Also, if you are operating a website where your share music, I don't think its fair to say "everyone else is getting away with it, why not me?" It's one thing to have a non-downloadable music player on your website to promote an artist or a song, but if your offering it for a free download....who are you fooling? Even if your not making money, your intent is to drive traffic to your site, not "promote" an artist. I will never understand this debate from the music lovers of soulstrut. The only acceptable response, i suppose, would be to argue that free music is inevitable. I don't know enough about online security technology (and where it is headed) to have an opinion about that.
Janet Napolitano answers to no entity.
And they don't have to show you no stinking badges.
We have had this conversation before.
That it is inevitable has been my argument.
More accurately, it is the current condition, has been my argument.
I think that musicians, and music will adjust to fit the reality that exists.
The flip is that it is a reality that Home Land Security will shut down bloggers and RIAA will raid mix taper's studios.
That is a reality that bloggers and mixtapers will have to adjust to.
I think you are confusing artists or people in the artist's camp with "copyright holders". The artists aren't making shit off of the music, but do make money (sometimes) from touring. So from their perspective, why not leak music and promote themselves.
The solution is that the labels can leak whatever music they want on their own websites. If they publish it for free with a release that says people are free to republish it, that music will become part of the public domain. Labels should leak snippets of music...constantly. I'm not a music promoter, but it seems like a good way to keep music blogs busy (and music fans interested) without giving music away for free.
I really can't speak on where we are in terms of piracy security and I think people are naive if they think free (unchecked) sharing is a done deal.
Labels provide promo music. Knowing full well that DJ's were putting it on their tapes. Going so far as to give well known DJ's special treatment (Not just with servicing). And then labels fucking over DJ's and spots selling said mix tapes.
I remember at our store back in the 90's we had a full out raid. They not only took all tapes, but they took into custody our employees.
All charges ended up being dropped and one label ended up suing the biggest crew selling high numbers only to drop the charges when they agreed to make comps for that particular label. Only to not understand that the comps never sold the same type of numbers (D'uh, people don't wanna buy a label comp with a few good tracks and a bunch of shit from that label).
Don't get me started on labels giving promo music to stores for free (or selling it to them) to sell in their shop trying to build buzz. All the while charging artist to recoup promotion costs...
Over 200 years and people still review and debate Mozart music. The reason why? Because there are a million others things for people to listen to and there are always new audiences out there to grab at.
It's like asking why do radio stations still play oldies (Why not just listen to all the new music out there)? Which enables consumers to listen to music for free...
"Prizon God" >>> Rick Ross
Sounds a little whips-'n'-chains, to me.
HAS THE WORLD GONE DOWN THE SHITTER NOW OR IS THAT STILL TO COME?
Gas is $3 in Jersey. IN JERSEY!