"Legitimate" P2P: Feeding the
Sharks
by George Ziemann -- June 18, 2005
The Washington Post
is running a Reuters story which was lifted from Billboard, so
I'm assuming this is something Billboard wants to talk about:
Shawn Fanning's new enterprise, SnoCap.
Here's a portion of the story.
Snocap is intended to help
guide users of P2P networks to legitimate content registered
with the filtering service. It also blocks users from distributing
or accessing unlicensed or unrecognized files.
Snocap also aims to build content
catalogs by capturing digital "fingerprints" of live,
rare and unreleased works that users are attempting to share.
The information will be reported to content owners with the goal
of helping labels prioritize which music should be cleared for
sale.
In the meantime, the company
has quietly inked digital-fingerprinting deals with more than
a dozen indie labels and distributors, including TVT, Ryko Group,
Digital Musicworks International, Artemis Records, Nettwerk Records
and the Independent Online Distribution Alliance. That is on
top of major-label deals with Universal, Sony BMG and EMI. Negotiations
with Warner are ongoing.
Snocap wants to expand the
universe of content it represents by opening its digital registry
to all labels and artists.
For your average Joe on the
street, this seems like a good thing on the surface. A p2p network
that filters out the so-called illegitimate files. There will
be some kind of DRM involved, plus a payment scheme. Kind of
like iTunes. If this sounds good to you, go ahead and stop reading.
I can't help but to be skeptical
of anything that 3 out of 4 of the major labels agree on. At
least we know that this has been blessed by the cartel, so it
will be allowed to survive, the first obstacle to any technology
that touches music.
According to their website, "SNOCAP provides copyright owners
with these benefits:
- Through SNOCAP, labels and
individual artists can finally embrace peer-to-peer networks
as a safe and secure distribution channel.
- One-stop access to clear rights
and manage online distribution across retail destinations.
- The ability to maintain full
control of content by determining business rules and setting
pricing and usage terms.
- Reduced costs by providing
accounting services associated with receiving wholesale payments
from SNOCAP powered retailers.
- Increased revenues by allowing
record labels and artists to sell their entire catalogs, including
new releases, live remixed and out of print tracks.
- Gives independent artists
the ability to take full advantage of the global distribution
channel."
Take that all in for a moment.
Now let's go back to the story: Snocap "blocks users from
distributing or accessing unlicensed or unrecognized files".
By allowing record labels to "maintain full control of content,"
they take away the ability of others to contribute anything without
prior approval. This means that any network that uses this filtering
system has been rendered useless for the wider purposes of peer-to-peer,
such as education, science, medicine and research.
And I have to wonder about
the aim "to build content catalogs by capturing digital
'fingerprints' of live, rare and unreleased works that users
are attempting to share. The information will be reported to
content owners with the goal of helping labels prioritize which
music should be cleared for sale."
Or initiate a lawsuit. We don't
want those "content owners" to be disgruntled. They're
doing everything they can to make sure the artists get paid what
is due to them. Or at least that the "content owners"
get paid what is due the artists. Which brings us to this week's
example of an act that got screwed over by their label: The
Bay City Rollers.
Since they split in the late-1970s,
the one-time superstars who were the Bay City Rollers have been
riven by bitter squabbles over a fortune in unpaid royalties
- though that should be the least of their worries. One is battling
drugs and depression; another was caught downloading child porn;
a third has suffered a stress-induced stroke.
Today, [Les] McKeown (the band's
second lead singer) has still not seen his Rollers royalties.
In 1978, it was estimated that he was owed £1.8m. The most
recent estimates suggest that the band as a whole are owed up
to £50m. Often, McKeown walks into record shops and comes
across new compilations featuring Rollers hits - between 1996
and 1998 Bay City Rollers hits were released on 118 albums worldwide.
So what happened to the money?
Most of the money appears to
be held in trust for the band by the record company Sony-BMG,
which bought out Arista in 1976. Sony-BMG has told the Guardian
that it has been unable to pay royalties because there is
no copy of the initial contract and the band have been feuding
so long that they are unable to agree who is owed what.
So instead of giving each of
them a paltry million or so to tide them over, Sony decided to
wait 29 years and see how many of them died first. But hey, they
have "full control of content" and that's what matters.
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