Friday, November 05, 2004

Podcasting, Copyright, and Lessons from Digital music

Over the last couple of days I have been listening to some of Dave and Adam's podcasts and I must admit that I cringed a bit when I heard some familiar music and caught some comments about using BitTorrent to catch the West Wing.

Specifically this morning I listened to an IT Conversations with Dave from October 27th which was very cool and gave me a lot more insight into Dave than what I have gleaned from his blogs these few short months I have been reading it. He describes podcasting in awesome terms regarding the evolution of the technology, but fails to speak to the IP issues. (Not Internet Protocol :-) )

Podcasting, which I think is not what this ultimately is labeled, has a decision to make. The leaders of this 'movement' or however you want to describe this have two paths that I see. The first path is to savor the technical elegance of what they have created with RSS and enclosures and OPML, etc. and ignore the underlying copyright wars that have been fought since the time of the passage of the DMCA. Napster's solution was elegant. MyMP3 was elegant. We all recognize and bemoan the state of content vs. Technology as articulated by Lessig and others. If people insist on using copyrighted content, and talk of embracing the technology that the media companies despise in a flagrant way, this form of distribution/new media/ edge of the network content will be demonized, litigated and made an example of by the armies of lawyers that fight these battles daily.

The second path is to make this an attractive means of distribution for traditional media. You do that by building an audience. You do that by showcasing those artists and creators of content that embrace the new paradigm. You do that by pointing to useful uses of BitTorrent like software distribution that hold the technology out as being ultimately good replacements for the broadcast or physical alternatives. You do that by approaching the media companies and offering to work with them in innovative ways with their cooperation. I think Warner Music Group is a good example of that with MP3 blogs. You learn the lessons of previous litigation and understand where you are stepping on a landmine and where you aren't. At Mp3.com we weren't found guilty of allowing people to stream from lockers content that arguably may have Fair Use merit. We were found guilty of ripping the CDs and putting the files on servers. That hurts, and it doesn't really advance the argument over Fair Use. At least today.

I heard a comment about a podcaster getting an ASCAP license, which is very cool. But that isn't all that is required. The publishers will argue that a mechanical reproduction of their content requires a license and payment.

An alternative distribution platform, that is spearheaded by well known and intelligent people who can lead the direction of this technology/movement, will ultimately succeed or fail like so many other creative and technically brilliant ideas depending on the choices they make. I hope they show the promise of this technology and get the media companies to move towards us, not move us towards the courts.

40 comments:

Shock Carlos said...

Great blog on web content management software -- You have a lot of interesting stuff here.
I'll be back for more.

I also have a site and blog that deals with
web content management software as well. We have a great automated article site building software that's great for those who don't like to write, but need the content.

Anyhoo... Keep up the good work -- and come by and visit our site some time - There is more general topics/info on the blog site **FreeMarketer Blog**.

Thanks again, you're doing a good service for us readers.

Anonymous said...

One good resource for malicious software and many more free software alternatives is Software4YourSuccess.com
Yes it is my site and I would love for you to drop by for a second. From there you will have free access to several of my products such as The Marketing Toolbar (which is goldmine of information on how to do things quickly and on the cheap, thus saving you time and money).
Also for webmasters I have created Webmaster Wizards, which will help you with almost every aspect of putting code on your site from things such as legal and privacy disclaimers to popunders. I have so much content and free software there I could fill up this whole blog, so check it out Thanks, Sincerely Rob Rudd

GS said...

Hey..I found a site that lets you download unlimited MP3s for free. You can save music and movies to your PC. Check it out. trina music for download

Anonymous said...

I came across you blog and thought you may find this site usefull. It has gas saving tips and where to find cheap gas. music download

:)

Anonymous said...

Sound like a professional news anchor the next time you create your own podcast or vblog with this podcast cue by VBlogPro.com.

podcasting said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a podcasting site. It pretty much covers podcasting related stuff.

Come and check it out if you get time :-)

hexadecimals resources said...

I was reading your blog and thought i would mention this free blog hosting site.

Free blog hosting using wordpress. The top blogging tols online and many free templates to choose from. Free hosting. Get your free blog host now!

GET FREE BLOG NOW

Horse Sense said...

Hi Iwas just blogsurfing and found your blog I think blogs are a great idea keep it up .. I also have started a blog and intend to make more .. I also have a website that sells very cheap software .. apple software cheap
I just started up so be my guest and take a look you may find something you need ..apple software cheap

Adult Personals said...

hey nice site you have here!

Any tips on bloggin ? id like to see your reply to this story :)

look forward to the next edition

i have bookmarked you

Danny White said...

Nice blog! I have a free latest lead marketing technology traffic site I thought you and your visitors might like.

Click on free latest lead marketing technology traffic to check it out. free latest lead marketing technology traffic

bloggerpost said...

What's up with all theese crappy posts lately? I have a dowload free music share site that pretty much covers the same type of stuff, and it's all junked up too.

Steve Westphal said...

Yes, this is a great site. I found another great site for free download music site

bloggerpost said...

What's up with all theese crappy posts lately? I have a dowload emul free movie music site that pretty much covers the same type of stuff, and it's all junked up too.

Stephen said...

Hey, Nice Blog!

Makes some very interesting reading.

Please be sure to check out my site here - Mininova - for some great bit torrent downloads.

Thanks

bloggerpost said...

What's up with all theese crappy posts lately? I have a download hindi music site that pretty much covers the same type of stuff, and it's all junked up too.

Kim said...

Quality content indeed! I like your posts.

My web site content provider site is a web site content provider resource.

Come have coffee sometime.

Anonymous said...

Whatever it is,* you can get it herebest digital camera

Anonymous said...

Hi, you have a great blog here! I'm definitely going to visit again! Please feel free to visit my blog too at http://rushprnews.iuplog.com, RushPRnews Daily Gazette.
My site is ** RushPRnews press release services, distribution and free web posting** . Cordially, Anne Laszlo-Howard

Anonymous said...

Great post!

I did a search for gas log and found this site. I have put together an ebook I have titled, "Huge Gas Pump Savings."

Dave
http://www.huge-gas-pump-savings.com/

Rhill said...

Looking for more updated information on how to use bittorrent I currently get files from Torrentlounge

Anonymous said...

You have a great blog here! I am going to bookmark you!
I have a drive traffic to my web sitesite. It covers drive traffic to my web site related things.

TWPAdmin said...

I enjoyed reading your blog. There is a lot of useful information about web hosting in it. We offer Turnkey Websites and Reliable Hosting. We also provide a blogging service that will help your site get indexed fast and keep the search engines visiting your site. Click here for more information about web hosting.
Thank you
TWP Admin

Iravan said...

I would argue that Exit Traffic is actually one of the best forms of traffic generation. I am going to book mark this blog, nice topics discussed

By the way... I have a increase web traffic site. It pretty much covers Traffic related stuff.

Come and check it out if you get time :-)

Anonymous said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a long sleeve t shirtmerchant site called Holden Tees. We're a small company and we sell shirts and stuff.

Come and check it out if you get time

-Holden Tees

Anonymous said...

You have a great blog here! I am going to bookmark you!
I have a web trafficsite. It covers web traffic related things.

Health said...

Hello

I have just discovered the wealth of information on the net contained in Blogs. I have also found an interesting site to view about cheap internet
internet. cheap internetmoney

Iravan said...

Weird. I always thought the Rettop Method was the best for generating traffic. I am going to book mark this blog, nice topics discussed

By the way... I have a traffic site. It pretty much covers Traffic related stuff.

Come and check it out if you get time :-)

Goodman441 said...

I would like to say this is a great blog about real estate software. I think alot of you might be interested in my site too. Click the Link below to visit my site.
Click Here

Thanks!

Stan said...

The software industry is one of the world's fastest growing industries
with a net worth of hundreds of billions of dollars.

A lot of people have already made their personal fortunes from this
rapidly growing industry.

All this means that it's now the perfect time for you to start your
own software business.

You've just discovered the secret source for a complete range of
ready-made software tools, all of which can be private labeled with
your own details and then sold to generate a lucrative income.

Best Of Success
Stan Morse
http://trafficzone.us/so/free_software.html

A Million Dollar Income said...

website traffic from
http://branchiseinc.com

get targeted traffic, free downloads, free software and ebooks at my bonus area.


http://branchiseinc.com

Anonymous said...

Free downloads in my bonus area. start a rush of traffic to your website and build your income from home


http://centraltrafficdispatch.com

BayuFA said...

wholesale web trafficwholesale web traffichttp://corporatestrategicalliances.comHopi
wholesale web traffic
http://corporatestrategicalliances.com

hopi said...

free banner exchange,

banner exchange
http://ourbannerexchange.com
banner exchange


deliver a million or more hits to your website. Get a swarm of Traffic and multiply your sales.

banner exchange
http://ourbannerexchange.com
banner exchange

James Baker said...

Hey Fellow, you have a great blog here! I have a web
site & blog about yahoo domain hosting.
Yours is top-notch!
If you have a moment, please visit my site
yahoo domain hosting
I wish you all the best!

Paul Adams said...

Hi Friend! You have a great blog over here!
Please accept my compliments and wishes for your happiness and success!
If you have a moment, please take a look at my site:
web site hosting service provider
It covers web site hosting service provider related subjects.
Have a great day!

Simon Langer said...

Greetings, I was reading some blogs and happened on your blog. I'm quite impressed , with how it has a good feel.

Look forward to reading more.
Regards,

B.S. in Electrical Engineering Online Degree

Joe Berenguer said...

Hey Fellow, you have a great blog here! I have a web
site & blog about Web Hosting Site.
Yours is top-notch!
If you have a moment, please visit my site
Web Hosting Site
I wish you all the best!

Anonymous said...

Hi, Just browsing around for ideas for my site. (While we're at the same topic), I'm just getting started if you want to visit:
best web hosting

Charles

best web hosting said...

Hey how are you doing? just letting you know that someone from Central America read your blog!

Regards,
Charles
best web hosting

download music for free said...

Hey!, Just browsing around for ideas for my new. (While we're at the same topic), I'm just getting started if you want to visit:
download music for free

Charles