This is getting beyond a joke…

…the other day, I painstakingly wrote out my Festive Fifty for 2008.

After much deliberation, I finalised it, posted it, and added some mp3s. One artist, Dom De Luca, even sent out a mass email to say how pleased he was, which made me feel like I was doing some good.

Then I got this email this morning from Blogger:

Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog infringes upon the copyrights of others. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.

The notice that we received from the International Federation of the Phonographic Industry (IFPI) and the record companies it represents, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org. We do this in accordance with the Digital Millennium Copyright Act (DMCA). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.

The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the “IFPI Represented Companies”).

The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. We are in the process of removing from our servers the links that allegedly infringe upon the copyrights of others. If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. See http://www.educause.edu/Browse/645?PARENT_ID=254 for more information about the DMCA, and see http://www.google.com/dmca.html for the process that Blogger requires in order to make a DMCA complaint.

Blogger can reinstate these posts upon receipt of a counter notification pursuant to sections 512(g)(2) and 3) of the DMCA. For more information about the requirements of a counter notification and a link to a sample counter notification, see http://www.google.com/dmca.html#counter.

Please note that repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account. If you have legal questions about this notification, you should retain your own legal counsel. If you have any other questions about this notification, please let us know.

Sincerely,

The Blogger Team

Affected URLs:

http://www17seconds.blogspot.com/2008/12/17-seconds-festive-fifty-2008.html

To say I am angry would be an understatement. I emailed Blogger, and as yet have not received the apology nor explanation I demanded. (I am pushing my luck on the first one but it’s the principle of the thing).

Let me say this once and for all: Blogging is not stealing, it is promoting music. There is a disclaimer on the blog which states pretty clearly that if people don’t want to post stuff, then to email me and I will remove it. But when an act of flattery, I would have thought, is treated like this, it makes me wonder why I bother.

Blogger as I have said before, are cowards for not standing up to these authorities. Do people really believe that reputable Bloggers will not remove mp3 links when asked? And seeing as half the music industry is desperate to get featured on blogs, it seems a bit rich to undermine what can and cannot be printed. That’s called CENSORSHIP.

So…I will repost my Festive Fifty. But I am hopping mad. I am appalled that the takedown notices, which have NOTHING WHATSOEVER TO DO WITH ARTISTIC INTEGRITY, UNLESS YOU ARE SERIOUSLY DELUDED, AND EVERYTHING TO DO WITH RICH, GREEDY, EVIL TOSSERS. WHO ALMOST CERTAINLY HAVE DODGY RIGHT-WING VIEWS, USE THE LAW TO SILENCE THEIR DETRACTORS, CHEAT ON THEIR WIVES. IT IS MORALLY ACCEPTABLE, NAY, NECESSARY TO EXPOSE THESE PEOPLE FOR THE EVIL __________ THEY ARE, PERHAPS BY PUTTING THEIR NAMES, ADDRESSES, EMAILS, PHONE NUMBERS ON THE WEB.

And any musician who seeks to silence blogs doesn’t deserve to sell records. You are no better than Daily Mail reading scum. May your kids be taken permanently into care, your partners take every penny you have and you burn in hell for eternity.

Rant over.

Grrr…stand up to bullies

Extremely displeased by bully boy tactics.

I checked my email this morning to find an email from Blogger saying that links had been removed ‘Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog infringes upon the copyrights of others.’

Now, I cannot actually check the article concerned, which was an interview with James Allan of Glasvegas, because it was removed. Yes, not just the mp3 (which I had believed that I had removed, given that I allowed my account to lapse with the file hoster concerned, as I felt that they had seriously let me down a few months back) but the whole interview, which frankly speaking, I consider to be MY intellectual property.

I would like to say that I do not blame Glasvegas for this. They’re a great band, James Allan was a charming interviewee and his sister and manager Denise remembered that he had promised me a place on the guest list when they played Edinburgh last month. However, I do feel that removing mp3s of demos that the band had made available for free on their website is somewhat unjust. Yes, I posted them, they were free. Added to which, james Allan had commented that before many of the songs were out, fans seemed to have learned the lyrics to the songs from blogs.

Until a few months ago, the first three singles from the band (recorded prior to their signing with big record company, I won’t name it here,) were available to download from a well-known online retailer. You now cannot buy them from said retailer. Now, if the band chose to do that, that is their choice. BUT: if you have previously enabled things to be either downloaded for free or to be downloaded, then withdraw that, people will distribute them ILLEGALLY, and if they were once available to buy -guess what, the band won’t make the money that it might have done!

Back when I interviewed the band in January, James Allan was very modest, and even with the signing frenzy that was happening, didn’t seem to have let it go to his head. From what I saw onstage last month in Edinburgh, he still hasn’t. As well as coverage in the NME (three covers this year, I think), what has helped them was the coverage in blogs like this. Oh, and bizarrely, people like me who played them to their students in aesthetics, and the students went and bought the album and singles.

There are those who see all copying and distribution of music as being the same as walking into the shop and stealing multiple copies. I beg to differ. Whilst I have had to cut down on music buying of late (there’s, y’know, bills to pay, and there is a recession coming -sorry, but the Emperor isn’t wearing any clothes, this is not scaremongering), I have bought pretty much everything by Glasvegas I could lay my hands on. Including buying a copy on vinyl even though I’d been sent a promo CD and buying a copy of the LP for brother Seconds’ birthday. I might also add that when I reviewed the album in September I stipulated at the end of the review ‘Don’t copy this, go and buy it.’ Short of going and buying thousands of copies of the album and giving it to strangers in the streets, I don’t think I could have done more to promote the band.

So why the hell am I being made to feel like a common criminal?

Like I say, this is not a rant at Glasvegas, but at people who feel that they can use bully-boy tactics and scaremongering. As I’ve mentioned before, I co-run what is Scotland’s newest and smallest record label. I hereby declare that I will never, EVER hound people who promote the bands whose records we release. And may I be struck down if I do.

Glasvegas’ album is out now. It’s brilliant, go and buy it. And go and buy the Aberfeldy single, it’s brilliant too.

If you are the sort of person who is trying to concentrate on internet crime; here’s a tip: deal with the real criminals: people who exploit others. Not bloggers who do this out of love of writing and music. The web police are no more than manifestations of George Orwell and William Gibson’s worst nightmares come to life.

After that rant, there’s only one thing I could possibly post:

Crass -‘Do They Owe Us A Living?’ mp3

I had been going to post ‘Police and Thieves’ by the Clash, until I remembered that it is on a label with big scary lawyers (well, very likely).

Oh, and I will post the review of the Mogwai/F*ck Buttons/Errors gig tomorrow, it was brilliant).