Nov 18

Hi all:

The article below is my own personal and admittedly extremely biased view of the just-announced Digital Britain plan, and doesn’t in any way represent a2f2a.com, or any of its members, musicians or fans. But as a member of this site, I felt the need to post it.

Cheers!
Jon Newton

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“Legal framework for tackling copyright infringement via education and technical measure.”

This innocuous looking sentence is the lead item in the BBC’s summation of UK government plans to gain control of the Internet on behalf of  Vivendi Universal, EMI, Warner Music and Sony Music, with trumped up allegations against P2P file sharers as the linchpin, and the Queen’s speech as the excuse.

“Plans for tackling pirates will be a two-stage process, according to the Bill,” says the Telegraph. “Initially the Government will aim to educate and those identified as downloading unlawfully, will be sent letters. If this proves insufficient, technical measures will be introduced – including the powers to disconnect pirates.”

Spelled out, that means Gordon Brown’s Labour  government intends to install entertainment industry business plans aimed at gaining total control of product distribution online, as law in Britain.

And it’ll drive a huge wedge between online music lovers and the coterie of music makers who belong to the Featured Artists’ Coalition and  who recently, and unanimously, came out in support of the scheme.

Predictably, “The music industry, who has lobbied the Government hard to tackle illegal downloading, has welcomed the Bill,” says the Telegraph.

However, “internet service providers have been critical of the proposals, and BT claims that forcing ISPs to police piracy could cost the industry £1m a day,” it says, and, “Consumer organisations have warned that plan to cut off subscribers infringes the rights of internet users.”

‘Serial copyright infringers’

‘Education’ means UK politicians will be parroting Big Music mis- and disinformation as though it’s reliable and accurate material emanating from credible sources.

And it’s already begun. “It is good news for fans of British music,” the story has BPI boss Geoff Taylor stating.

It is, of course, the exact opposite. The only ones to benefit will be the Big 4 labels. Everyone else, including the musicians who wrong-headedly voted to penalise their own fans, will be  left out in the cold.

Says Computing.co.uk, “Downing Street made it clear the proposal to disconnect serial copyright infringers from the internet are ‘reserve powers’ which will only be used ‘if needed’.

“The main plank in its two-stage approach to copyright is to make legal action more effective and educate consumers about copyright online.”

The assertion is, of course, completely worthless. The entertainment cartels, not the politicians, are calling the shots and Big Music in particular is noted for favouring the sledgehammer approach when it comes to ‘negotiating’ with members of the online P2P constituencies, and file sharers.

“The Open Rights Group is urging people to contact their MP to oppose the plans,” says the BBC, quoting it as stating:

“This plan won’t stop copyright infringement and with a simple accusation could see you and your family disconnected from the internet – unable to engage in everyday activities like shopping and socialising.”

‘Offline, no-one can hear you whine’

In a Reader’s Write to the open letter to the FAC, “It is important to recognise that 3-strikes is fundamentally unjust/unethical given that no evidence is required,” said Digital Productions‘ Crosbie Fitch summed it up, going on >>>

The victim is simply given two warnings (tipped-off as to what’s about to happen without any way of preventing it) before they are disconnected.

He adds >>>

Your evidence of innocence has to wait until after your ISP has disconnected you, after your PC has been confiscated, after your assets have been seized, after you have located a lawyer willing to take on your case, after you have paid your lawyer to demonstrate at a tribunal that you have grounds to plead for an appeal against your disconnection, and then at your appeal your evidence can be presented (if you still have it).

Maybe, you will then be reconnected … until the next time.

There is NO SANCTION for 3 strikes, even for suspected terrorists, let alone suspected file-sharers. Read The Crucible to get a vague clue as to why incrimination upon suspicion/accusation is such an abomination.

If you thought being sued for copyright infringement in court was an injustice, wait until you suffer disconnection at the whim of the MAFIAA.

The sad thing is, no-one will notice your anguish because you’ll be disconnected, and as they’ll say “Offline, no-one can hear you whine”.

What’ll happen? Nothing.

The only people who haven’t been consulted and who haven’t had a say in any of this are the fans and the electorate, the millions of citizens who keep the politicians, the labels and musicians — contracting and independent, both — alive.

What’s going to happen?

To all intents and purposes, nothing.

The music is out there, and has been since last century. Nothing can change that. File sharers will continue to share files, the labels  will continue to haemorrhage customers, and online music distribution will ultimately be in the hands of cooperating and independent providers and labels who are inexorably  replacing corporate music industry.

The online communities will continue to grow and as they do, their powers of persuasion will expand exponentially while the waning influence of Vivendi Universal, EMI, Warner Music and Sony Music will continue to be reduced proportionally, as will their consumer bases.

The cookie-cutter, formulaic ‘product’ is in 2009 being steadily supplanted by exciting, innovative works from independent musicians, and, “what was previously known as promotion becomes known as discovery,” said Fitch in a comment to a post to The sky isn’t falling! on a2f2a.com, launched under the premise that musicians need to be paid, and fans want to pay them.

“Instead of record labels pushing their music into the remote corners of the world so it meets the widest possible audience, the widespread audience instead sucks the music they like to them from the farthest reaches of the Internet so their desires find the greatest number of artists possible,” said Fitch, adding >>>

Instead of artists having promotion agencies, audiences have discovery agencies (bloggers, etc.). Pandora is an example of a discovery agent.

Artists liberate the public to share their music, and so make themselves as easy to discover as possible. The audiences then have the task of finding the music they like, and the respective artists they would commission to produce more.

Audience=potential fans, auditioning and seeking music.
Fan=someone who’s discovered some music they like, and the artist thereof.

Audiences pay artists with their attention.
Fans pay artists with their money.

7 Responses

  1. Indiana Gregg Says:

    Everyone, please excuse me from being a little ‘crazy’… but, as ’seal’ said “we’ll never survive unless we are a little ‘crazy’.

    Let’s turn the world on it’s end. Maybe all agree a little to disagree, but realize how much we have in common. Why not change the name of the ‘pirate’ party to the ‘people’s’ party and create a proper ‘people’s’ agenda. Then you’ll have me sold. Then, we’ll all probably begin to speak the same language. Maybe this isn’t really about labels. Maybe this is only something that we all see but haven’t totatlly grasped. Maybe it’s not just ‘artists’ that want to be heard. It’s bigger and crazier than all of that. The ‘people’s’ party reaches broader than and artist to fan relationship. And artists aren’t doing art simply to reach fans. Hmm. I’m on the phone right now and multi-tasking. It might sound a bit crazy. But, how cool & wonderful could it be? Sorry, being kind of visionary here. Like, the people might start boycotting the ‘commercialism’ of Christmas? Or maybe we start to bring about dynamic change and influence? Might wipe out the future corporations that are a billion times stonger than these RIAA’s or MPAA’s. Might just sort out the globe? Not sure. And that’s me being a little nonsensical. But, why not?

  2. Jon Newton Says:

    @ Indy: When I got involved in a2f2a.com I believed that, since we all have the same fundamental belief — artists need to be paid, and fans want to pay them — we’d be able to put our heads together and build a bridge the two groups could use to bypass the old ways, failed ways of doing things. However, it’s now clear if the a2f2a concept is going to work, we, the fans, will need a formal global coalition of our own which represents our interests. Otherwise, we’ll be left in the dust while the various political, business and artist groups ‘negotiate’ with each other.

    That’ll take some thought, but while we ponder, two things are (to me, anyway) clear: no form of levy, however it’s described, will be acceptable; and, any kind of policy which results in people being disconnected will be a disaster for the government that adopts it, and anyone who supports it.

    Cheers!

  3. Crosbie Fitch Says:

    Indiana, you’re certainly right to observe that this is fundamentally about people, about individuals, about human beings. We are ALL artists, all members of artists’ audiences, and all fans of the artists we like. Each of us has an audience of our own, and our own fans. This is about society and the freedom of the human beings within it to express themselves and to share and build upon each others’ expression. Unfortunately, society has been corrupted and polluted by an industrial accident of the 18th century when a couple of very socially corrosive privileges were created for the benefit of printing and manufacturing industries. They have now come home to roost, and the corrupt corporations who’ve amassed their fortunes from that pollution, don’t want the mess cleared up – nor do the artists who still seek their livelihood from those corporations.

    It’s time to start again, from first principles. People expressing themselves, people listening, people wanting more. Artist, audience, fans.

    That means sorting out what those first principles are (natural rights without privilege), and facilitating the means by which the fans can pay the artists to produce more art.

    It CAN be done, but no publishing corporation will lend a hand because there’s no profit in it for them.

    All we’ve got is each other. Human to human.

    Artist to fan to artist.

  4. Dan.F Says:

    Fuck it. Get a guy fawkes mask, march on london… show them our numbers.

  5. rabbit80 Says:

    Each month I pay £3 for VPN access, and a further £7-8 for newsgroup access. These shield me from the new draconian laws that are about to be introduced. The only losers I feel are the artists!

    Why can I not pay this money into a subscription model where the artisit get a reasonable cut? I would be more than happy to do this – but it has to be on my own terms – It cannot be mandatory as in a tax, and I cannot be made to feel like a criminal, or that I am being spied upon.

    All the new bill will do is cause more people to go down the VPN route.. yet it would be so easy for the industry to launch their own VPN style service where you could buy say an alloted amount of data (say 10Gb for £10) – they wouldn’t even need to launch new music distribution sites – the current piracy sites such as TPB would take care of the distribution for them!

  6. Dreddsnik Says:

    I’m curious.

    I have a question for the ‘name’ artists here.

    In your own words, what are the Labels suing their victims for ?

    I would like to see how informed you really are about the lawsuits that are happening.

  7. John Barron Says:

    Everyone, please excuse me from being a little ‘crazy’… but, as ’seal’ said “we’ll never survive unless we are a little ‘crazy’.

    Let’s turn the world on it’s end. Maybe all agree a little to disagree, but realize how much we have in common. Why not change the name of the ‘pirate’ party to the ‘people’s’ party and create a proper ‘people’s’ agenda.

    Only just saw this comment here… I also answered Indy’s suggestion by private email.

    As far as Pirate politics goes… It is very unlikely that name will change, we are formally registered in the UK and many other countries under that name, and while there are disadvantages to the name there are also advantages, and it already has considerable “brand recognition” in many countries.

    So I expect we are likely to continue to establish and develop that brand, and identify the pirate name with the freedom to share information, and freedom to communicate and participate in our culture, thus making the name our own and changing the meaning by practical example in the real world.

    “People’s party…” it would have much wider implications (and connotations – communism?) than Pirate party does. We stand for freedoms of speech, of privacy, and of communication and participation in our society, not for anything else, so far, and I hope we will maintain that focus, because I believe that is where we can make a real difference and contribution to our society and our politics.

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