Nick 's Techdirt Comments

Latest Comments (504)

• On the post: Is Merely Explaining The Streisand Effect To Someone A 'Threat'?

  

  Nick ( profile ), 21 Apr, 2015 @ 08:47am

  new term?

  I think this calls for a new term: The Streisand Paradox. Anyone naïve enough to incur the wrath of SE and is either unaware of SE or unable to conceptualize it without its history or name might take its expiation as a threat. So, do you explain it to would-be victims or just let the Effect play out to let them understand, first hand, its sheer power?

• On the post: German Spy Agency Wants To Buy Zero-Day Vulnerabilities In Order To Undermine SSL Security

  

  Nick ( profile ), 14 Nov, 2014 @ 09:49am

  A more cynical headline might be:
  Modern Day German Stasi Seek to Buy Exploits from French Black Hat Hackers to Reduce Trust in E-commerce Worlwide

• On the post: Cleveland Plain Dealer Owner Demands Takedown Of Unflattering Video Featuring Candidate It Endorsed In Governor's Race

  

  Nick ( profile ), 31 Oct, 2014 @ 07:12am

  I found another copy.
  http://www.veooz.com/news/4HgGV~~.html

• On the post: Performance Rights Organizations Again 'Protecting' Artists By Killing Off Revenue Streams

  

  Nick ( profile ), 14 Aug, 2014 @ 08:11am

  Re:

  Thanks Steer.
  
  To summarize, U.S. Copyright Law prohibits Mixcloud users from using more than 3 songs from an album or more than 4 songs by the same artist in a mix so that Mixcloud may benefit from a 114 statutory license that they pay to SoundExchange.
  
  from http://www.law.cornell.edu/uscode/text/17/114
  

  CHAPTER 1—SUBJECT MATTER AND SCOPE OF COPYRIGHT, 17 U.S. Code § 114. Scope of exclusive rights in sound recordings (j) Definitions
  
  (13) The “sound recording performance complement” is the transmission during any 3-hour period, on a particular channel used by a transmitting entity, of no more than— (A) 3 different selections of sound recordings from any one phonorecord lawfully distributed for public performance or sale in the United States, if no more than 2 such selections are transmitted consecutively; or (B) 4 different selections of sound recordings— (i) by the same featured recording artist; or (ii) from any set or compilation of phonorecords lawfully distributed together as a unit for public performance or sale in the United States,

  
  
  So, a few questions.
  

  
  
  • Does Mixloud pay a statutory license to PROs outside of the U.S.?
  
  
  • How does U.S. copyright law apply to the performance inside the U.S of artists who are not party to SoundExchange?
  
  
  • If an independent artist does not "lawfully distributed for public performance or sale in the United States" then this restriction should be exempted, correct?
  
  
  • If you wanted to produce a show which featured a different live performances by an artist in each show, which will most likely exceed 4 songs you must buy a licence from one or more U.S. PROs and you could not use Mixcloud to host it, is that correct? Or could you buy a licence and then us Mixcloud?
  
  

• On the post: Performance Rights Organizations Again 'Protecting' Artists By Killing Off Revenue Streams

  

  Nick ( profile ), 13 Aug, 2014 @ 07:37am

  Re: Re:

  I know of an independent artist in the UK who made a mix containing only a dozen his own songs, and it is blocked here in the US. Your mix will be blocked as well.

• On the post: Performance Rights Organizations Again 'Protecting' Artists By Killing Off Revenue Streams

  

  Nick ( profile ), 12 Aug, 2014 @ 01:16pm

  Re:

  Great point, Keith. US PROs have been blocking content outside of the US for a while and now they are doing it inside the US in a case where they have no jurisdiction.

• On the post: Performance Rights Organizations Again 'Protecting' Artists By Killing Off Revenue Streams

  

  Nick ( profile ), 12 Aug, 2014 @ 09:45am

  PaulT, my mix was specifically sighted by Mixcloud as having more then 3 songs by the same artist. The artists you mention that do have representation in the US only have either one or two tracks in my mix.
  http://support.mixcloud.com/customer/portal/articles/1595566-us-licensing-sound-recording-complement-rule

• On the post: Performance Rights Organizations Again 'Protecting' Artists By Killing Off Revenue Streams

  

  Nick ( profile ), 12 Aug, 2014 @ 07:22am

  I ran into this with one of my old mixes just a few weeks ago that has been up for a few years.
  http://www.mixcloud.com/nsputnik/library-and-radiophonioc-influence-revealed/
  
  My mix does have more than 3 songs by 2 artists each. However, neither of them are represented by SoundExchange, ASCAP, BMI or SESAC. I looked them up in all for PRO site. I e-mailed Mixcloud about this and got their same boilerplate response.
  
  Thank you for addressing this Tim.

• On the post: How The US Post Office Killed Innovative Digital Mail Because It Disrupted Junk Mailers

  

  Nick ( profile ), 02 May, 2014 @ 11:05am

  Some alternate headlines running through my head when I read the original article a few days ago:
  
  

  
  
  • USPS to the General Public: You Are Not the Customer, You are the Product
  
  
  
  • How USPS is Selling You out to Spammers
  
  

• On the post: Kid Bullied For My Little Pony Backpack Told Not To Bring It To School Anymore

  

  Nick ( profile ), 19 Mar, 2014 @ 01:10pm

  So the message this sends to the bullies: as long as this kid brings his My Little Pony backpack you can beat him up because you just can't control yourself.

• On the post: NSA Defender Rep. Mike Pompeo Attacks SXSW With Ignorant Misleading Diatribe For Having Ed Snowden Speak

  

  Nick ( profile ), 10 Mar, 2014 @ 08:11am

  This guy?
  https://www.facebook.com/pompeoforcongress

• On the post: US Military Looking To Trademark Everything

  

  Nick ( profile ), 14 Feb, 2014 @ 08:10am

  So by trademarking military insignia the US government is admitting that war really is a business.

• On the post: Twitter Hashtag Inventor Explains Why Patenting It Would Have Been The Wrong Thing To Do

  

  Nick ( profile ), 04 Dec, 2013 @ 12:02pm

  Re: And...

  Yes, I remember Chris has admitted elsewhere got the idea from IRC. Back then ('07 I think) the idea was you could create an adhoc facsimile of and IRC room by tweeting and searching (on a 3rd party site, I can't remember the name now) for hashtags.

• On the post: Missed Opportunity: Beastie Boys Should Have Supported Viral Parody 'Girls' Song, Rather Than Claiming Infringement

  

  Nick ( profile ), 25 Nov, 2013 @ 07:46am

  So I guess all of this drama could have been avoided if GoldieBlox had just paid their ASCAP/BMI feeds.

• On the post: Missed Opportunity: Beastie Boys Should Have Supported Viral Parody 'Girls' Song, Rather Than Claiming Infringement

  

  Nick ( profile ), 24 Nov, 2013 @ 07:38am

  Here is my question: where does Adam Horovitz's uber-feminist wife Kathleen Hanna have to say about attempts to stifle a song about girl power in her husband'a name?

• On the post: Vlambeer Makes YouTubers Monetizing That S@&% Easy As S@&%

  

  Nick ( profile ), 11 Nov, 2013 @ 03:50pm

  Vlambeer does what Nintendon't.

• On the post: Mike Rogers Says NSA Told Congress About Spying On Foreign Leaders; Cuts Off Rep. Who Say That's Not True

  

  Nick ( profile ), 30 Oct, 2013 @ 08:01am

  Video of the event:
  http://www.c-spanvideo.org/event/226505

• On the post: Lobbyists Looking To Call Themselves Something Else: Here Are A Few Suggestions

  

  Nick ( profile ), 19 Oct, 2013 @ 06:57am

  Democracy Perverts

• On the post: NSA Delayed Installing 'Anti-Leak' Software At Site Where Snowden Worked Because Of 'Insufficient Bandwidth'

  

  Nick ( profile ), 18 Oct, 2013 @ 02:16pm

  One man's insider threat is another man's whistle blower.

• On the post: NSA Has Built Its Own, Secret, Warrantless, Shadow Social Network, And You've Already Joined It

  

  Nick ( profile ), 30 Sep, 2013 @ 10:07am

  The last sentence of the post, rearranged a bit:
  
  "GETPRSM: The social network the NSA doesn't want you to know about. And don't worry if you haven't received your invite. You've already joined."
  
  Sounds like the tagline for a horror movie about government spys that terrorize their victims with the information they have on them.

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