From ben at supervillains.org Thu Dec 2 14:15:55 2004 From: ben at supervillains.org (Indiana Verb Jam) Date: Thu Dec 2 11:20:08 2004 Subject: [Rumori] ebay Message-ID: <63259612633.20041202141555@supervillains.org> Forgive me if this has already been noted, I'm out of it @the moment. "Unauthorized iPod U2 vs. Negativland Special Edition" http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2290680118 forwarded from the august sound coalition list. -BEN -- sponsor my endurance race for cancer research! http://www.active.com/donation/tntnyc/zoom PHYS: 200 7th ave #17 NY NY 10011 PAGE: batphone@supervillains.org CHAT: aetherchild (AIM/MSN/Y!) From pl1x at earthlink.net Thu Dec 2 15:54:45 2004 From: pl1x at earthlink.net (PeterALopez) Date: Thu Dec 2 12:54:50 2004 Subject: [Rumori] ebay Message-ID: <29740235.1102020886211.JavaMail.root@fozzie.psp.pas.earthlink.net> The creator says that the reason the Negland "U2" single is not on the U2/NeglandiPod because of copyright restrictions, even though you can dl it for free from the negland website. but remember as stated in the blurb, buying that iPiddle will be your contribution to copyright history. (ie keeping the current system in place) right now the auction is 6 cents UNDER making a contribution to DHB... PeterAHaterLopez -----Original Message----- From: Indiana Verb Jam Subject: [Rumori] ebay Forgive me if this has already been noted, I'm out of it @the moment. "Unauthorized iPod U2 vs. Negativland Special Edition" http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2290680118 forwarded from the august sound coalition list. -BEN From steev at detritus.net Fri Dec 3 08:59:45 2004 From: steev at detritus.net (steev@detritus.net) Date: Fri Dec 3 08:59:55 2004 Subject: [Rumori] Detritus Update: Special U2 vs. Negativland iPod for sale on Ebay Message-ID: ((( Detritus Update: Special U2 vs. Negativland iPod for sale on Ebay ))) December 03, 2004 ------------------------------------------------------------------------ An auction on eBay announces the availability of a unique, unauthorized version of the iPod, marking a bold new work in the field of consumer-experience as art (and critical statement about intellectual property). From the auction description: With the recent... ------------------------------------------------------------------------ http://detritus.net/blog/archives/000229.html -- Powered by Movable Type Version 2.661 http://www.movabletype.org/ From pl1x at earthlink.net Fri Dec 3 13:35:58 2004 From: pl1x at earthlink.net (PeterALopez) Date: Fri Dec 3 10:36:02 2004 Subject: [Rumori] Detritus Update: Special U2 vs. Negativland iPod for sale on Ebay Message-ID: <2656672.1102098958019.JavaMail.root@louie.psp.pas.earthlink.net> I still find this piece a great initial thought but a wasted opportunity in the end. the fact that the creator could have made a statement about copyright by OFFERING THE U2 single. (using the u2 single as part of a donation scheme could be viewed as selling and that would have made this "a part of intellectual property history today!") in essense this ipiddle continues the copyright system that some of us believe is faulty. but it also makes it worse by providing some legitimacy to the price gouging the iPod system delivers. buy a song for the overpriced CD price except we'll save money on shipping and manufacturing. the only thing U2-ie about this iPod is the images of the band on the cover, you get ZERO u2 material on the u2iPod. you do get a coupon, though, and that makes everything hunky-dori. --small print-- "Cost of materials for iPod U2 vs. Negativland Special Edition is $449.50; this amount will be deducted from the final auction price before the donation to Downhill Battle is made. " current bid: US $449.44 PeterAHaterLopez remember i'm crazy, and thanks for not reading. -----Original Message----- From: steev@detritus.net Subject: [Rumori] Detritus Update: Special U2 vs. Negativland iPod for sale on Ebay ((( Detritus Update: Special U2 vs. Negativland iPod for sale on Ebay ))) December 03, 2004 ------------------------------------------------------------------------ An auction on eBay announces the availability of a unique, unauthorized version of the iPod, marking a bold new work in the field of consumer-experience as art (and critical statement about intellectual property). From the auction description: With the recent... ------------------------------------------------------------------------ http://detritus.net/blog/archives/000229.html From kembrew-mcleod at uiowa.edu Fri Dec 3 14:05:40 2004 From: kembrew-mcleod at uiowa.edu (kembrew mcleod) Date: Fri Dec 3 12:05:46 2004 Subject: [Rumori] Detritus Update: Special U2 vs. Negativland iPod for sale on Ebay In-Reply-To: <2656672.1102098958019.JavaMail.root@louie.psp.pas.earthlink.net> References: <2656672.1102098958019.JavaMail.root@louie.psp.pas.earthlink.net> Message-ID: <1102104340.41b0c7144e40f@webmail2.its.uiowa.edu> also, let's not forget that--last time i checked--island records still holds the copyright for negativland's sound recording. if the rolling stones ever do something similar with the ipod, someone should include the verve's "bittersweet symphony." as richard ashcroft said, "it's the best song jagger and richards wrote in ten years." Quoting PeterALopez : > I still find this piece a great initial thought but a wasted opportunity in > the end. the fact that the creator could have made a statement about > copyright by OFFERING THE U2 single. (using the u2 single as part of a > donation scheme could be viewed as selling and that would have made this "a > part of intellectual property history today!") in essense this ipiddle > continues the copyright system that some of us believe is faulty. but it > also makes it worse by providing some legitimacy to the price gouging the > iPod system delivers. buy a song for the overpriced CD price except we'll > save money on shipping and manufacturing. the only thing U2-ie about this > iPod is the images of the band on the cover, you get ZERO u2 material on the > u2iPod. you do get a coupon, though, and that makes everything hunky-dori. > > --small print-- > "Cost of materials for iPod U2 vs. Negativland Special Edition is $449.50; > this amount will be deducted from the final auction price before the donation > to Downhill Battle is made. " > > current bid: US $449.44 > > PeterAHaterLopez > remember i'm crazy, and thanks for not reading. > > > > -----Original Message----- > From: steev@detritus.net > Subject: [Rumori] Detritus Update: Special U2 vs. Negativland iPod for > sale on Ebay > ((( Detritus Update: Special U2 vs. Negativland iPod for sale on Ebay ))) > December 03, 2004 > ------------------------------------------------------------------------ > An auction on eBay announces the availability of a unique, > unauthorized version of the iPod, marking a bold new work in > the field of consumer-experience as art (and critical statement > about intellectual property). From the auction description: > With the recent... > ------------------------------------------------------------------------ > http://detritus.net/blog/archives/000229.html > > _______________________________________________ > Rumori mailing list > Rumori@detritus.net > http://detritus.net/mailman/listinfo/rumori > older archives: http://detritus.net/contact/rumori/ > -- ******************* kembrew mcleod assistant professor department of communication studies university of iowa contact info: 1037 e. washington st. iowa city, ia 52240 kembrew-mcleod@uiowa.edu 319-341-3583 Suffering Celebrity Quote of the Month: "I'm not capable of saying to someone words like 'I love you,' because I don't know what they mean anymore." --Ethan Hawke From steev at detritus.net Mon Dec 6 17:37:53 2004 From: steev at detritus.net (steev@detritus.net) Date: Mon Dec 6 17:38:03 2004 Subject: [Rumori] Detritus Update: Andean Free Trade Agreement Stalls Over Intellectual Property Message-ID: Detritus Update: Andean Free Trade Agreement Stalls Over Intellectual Property December 07, 2004 ------------------------------------------------------------------------ Arizona Indymedia reports that the current round of talks, held in Tucson, on the Andean Free Trade Agreement have met with difficulties, with Peru, Columbia, and Ecuador unwilling to sign provisions for tighter intellectual property regulations. The U.S. is... ------------------------------------------------------------------------ http://detritus.net/blog/archives/000233.html -- Powered by Movable Type Version 2.661 http://www.movabletype.org/ From rizzi at browbeat.com Mon Dec 6 22:25:35 2004 From: rizzi at browbeat.com (Mike Rizzi) Date: Mon Dec 6 22:25:43 2004 Subject: [Rumori] Free Archive Reels in Berkeley Message-ID: Anyone want reels of commercial radio spots? A fellow DJ at KALX in Berkeley is looking for someone to take these off his hands and put them to good use. Rumori seems like a good place to find someone who wants some fine original source material. See below for more info. back to lurking, mike rizzi >From: "Robin" > >Just an update on this... > >It's headed for landfill if I can't get rid of it by this weekend... > >Turns out there are more boxes than I thought - about 17 of them >full of reels of tape... some of the agency spots are just a little >tape on a 5" reel... but I'm just putting out a last minute notice >here, before Craigslisting it - or dumping it. > >I'd really like to see it get repurposed, but if not, it's history. > > >Orig. (updated) item below: > >ATTENTION ANALOG TAPE COLLECTORS!! > >I am getting rid of 17 large (16" x 13" x 10") boxes of >mainly open-reel tape... used... good condition, as they >were stored in my house since I got them in 1989. > >Mostly are "spots" (commercials) and other material... >many 7" reels, some 10" reels... some smaller. > >ALSO: a few carts (remember those) available... > >I need to get rid of these tapes a.s.a.p. >So, don't hesitate if you want them... > >Call now: 510.528.1144 or email back. > >You will need to pick them up at my house in NW Berkeley, around the >corner from ACME Bakery / Cafe Fanny - if you know the area... >corner of Cedar & San Pablo. > > >Robin Spalding > > > >ps: please pass the word if you know of anyone not on this list >who would want this tape! From carrie at stayfreemagazine.org Tue Dec 7 10:59:38 2004 From: carrie at stayfreemagazine.org (Carrie McLaren) Date: Tue Dec 7 08:00:24 2004 Subject: [Rumori] Apple shuts down U2 v. Negativland iPod Message-ID: I can't imagine what legal ground Apple has for canning this. Then again, I guess they don't really need it.... ::::::::: From: Francis Hwang Subject: "U2 vs. Negativland iPod" satire shut down by Apple Computer Date: Tue, 7 Dec 2004 00:20:01 -0500 To: Francis Hwang On Tuesday, November 30, I offered a conceptual art project for sale on eBay. Titled the "Unauthorized iPod U2 vs. Negativland Special Edition", my work was basically a U2 iPod that I had bought from Apple, pre-loaded with most of the Negativland back catalog, and sold with modified box art. Given the unsettled history of the Negativland "U2" single, in which Island Records sued Negativland and SST Records into submission in the early '90s, I thought this would make a good commentary on the ongoing struggles over ownership of culture, not to mention a Duchampian poke at the issues of authorship in a world of industrial manufacture and easy recombination. Apple Computer, however, didn't see it that way. On Monday, December 6--only one day before the auction was scheduled to close--I was notified by eBay that my auction listing was being shut down at Apple's request. Apple had told eBay that my work was in violation of their intellectual property rights. I have emailed Apple asking for an explanation, and am waiting for a response. You can see an archived copy of the listing here: http://fhwang.net/art/uiuvnse-archive.html . Whether or not you think it's funny, I hope you can agree with me that the work is clearly satire, and goes to great pains to avoid deceiving or confusing customers. I certainly didn't want anybody to think they'd be buying a standard U2 iPod. I don't believe Apple has ever before wielded a legal threat to shut down a dissenting opinion, especially by a lone artist. As Apple gets closer to the music industry, is this a harbinger of things to come? I hope you find this case interesting, and can give it some coverage. If you have any questions, please give me a call at 917-776-4300. Francis Hwang http://fhwang.net/ From pl1x at earthlink.net Tue Dec 7 15:58:34 2004 From: pl1x at earthlink.net (PeterALopez) Date: Tue Dec 7 12:58:39 2004 Subject: [Rumori] Apple shuts down U2 v. Negativland iPod Message-ID: <25364853.1102453114603.JavaMail.root@scooter.psp.pas.earthlink.net> Anyone wanna walk around the NYC Apple store and proceed to get more and more furious and yell/sing... "I still haven't found what i'm looking FOR!" (where's the Negland iPod) -----Original Message----- From: Carrie McLaren Subject: [Rumori] Apple shuts down U2 v. Negativland iPod I can't imagine what legal ground Apple has for canning this. Then again, I guess they don't really need it.... From pan at sensoryresearch.com Tue Dec 7 17:02:19 2004 From: pan at sensoryresearch.com (Pan) Date: Tue Dec 7 14:02:41 2004 Subject: [Rumori] Apple shuts down U2 v. Negativland iPod In-Reply-To: <25364853.1102453114603.JavaMail.root@scooter.psp.pas.earthlink.net> References: <25364853.1102453114603.JavaMail.root@scooter.psp.pas.earthlink.net> Message-ID: That's a great idea. If you guys do that, please document it somehow. Actually, it would be cool to do it at Apple stores across the country, at the same time. Pan On Dec 7, 2004, at 3:58 PM, PeterALopez wrote: > Anyone wanna walk around the NYC Apple store and proceed to get more > and more furious and yell/sing... > > "I still haven't found what i'm looking FOR!" (where's the Negland > iPod) > From steev at detritus.net Tue Dec 7 18:05:55 2004 From: steev at detritus.net (Steev Hise) Date: Tue Dec 7 18:05:59 2004 Subject: [Rumori] Apple shuts down U2 v. Negativland iPod In-Reply-To: Message-ID: Way to go, someone actually found a way to get some lawyers sicked on them while doing something having to do with Negativland. I was beginning to think they were untouchable. I wonder if they're aware of this yet? Don? Mark? help!! smh Steev Hise | steev@detritus.net | http://detritus.net/steev read my excellent blog: http://steev.hise.org ----------------------------------------------------------------- "No alien, terrorist militia, or evil hive mind is more terrifying than the final test for Cisco certification." -Codic ----------------------------------------------------------------- From das at ubuibi.org Tue Dec 7 20:22:17 2004 From: das at ubuibi.org (das) Date: Tue Dec 7 20:22:18 2004 Subject: [Rumori] Apple shuts down U2 v. Negativland iPod References: <25364853.1102453114603.JavaMail.root@scooter.psp.pas.earthlink.net> Message-ID: <41B68175.5010410@ubuibi.org> stupid Pan wrote: > That's a great idea. If you guys do that, please document it somehow. > Actually, it would be cool to do it at Apple stores across the country, > at the same time. > > Pan > > On Dec 7, 2004, at 3:58 PM, PeterALopez wrote: > > > Anyone wanna walk around the NYC Apple store and proceed to get more > > and more furious and yell/sing... > > > > "I still haven't found what i'm looking FOR!" (where's the Negland > > iPod) > > > > _______________________________________________ > Rumori mailing list > Rumori@detritus.net > http://detritus.net/mailman/listinfo/rumori > older archives: http://detritus.net/contact/rumori/ From telecaster at mac.com Tue Dec 7 20:23:02 2004 From: telecaster at mac.com (Greg Kucharo) Date: Tue Dec 7 20:23:08 2004 Subject: [Rumori] Apple shuts down U2 v. Negativland iPod In-Reply-To: References: <25364853.1102453114603.JavaMail.root@scooter.psp.pas.earthlink.net> Message-ID: Perhaps a better idea would be to lobby Apple to introduce the Negativland Signature iPod, complete with all of the Four Floptops albums plus an audiobook version of "The Letter U and the Numeral 2" as read by Crosley Bendix. I mean, who wouldn't love to see The Weatherman up on stage at the intro with Steve Jobs! Boopalete my McNothing! On Dec 7, 2004, at 2:02 PM, Pan wrote: > That's a great idea. If you guys do that, please document it somehow. > Actually, it would be cool to do it at Apple stores across the > country, at the same time. > > Pan > > On Dec 7, 2004, at 3:58 PM, PeterALopez wrote: > >> Anyone wanna walk around the NYC Apple store and proceed to get more >> and more furious and yell/sing... >> >> "I still haven't found what i'm looking FOR!" (where's the Negland >> iPod) >> > > > _______________________________________________ > Rumori mailing list > Rumori@detritus.net > http://detritus.net/mailman/listinfo/rumori > older archives: http://detritus.net/contact/rumori/ > ------------------------------------------------------------------------ -------- Republicans is fine, If you're a multi-millionaire Democrats is fair, If all you own is what you wear Neither of 'em's REALLY right, 'Cause neither of 'em CARE 'Bout that Hot-Plate Heaven, 'Cause they ain't been there --FZ, Hot Plate Heaven At The Green Hotel From pan at sensoryresearch.com Tue Dec 7 23:36:47 2004 From: pan at sensoryresearch.com (Pan) Date: Tue Dec 7 20:36:57 2004 Subject: [Rumori] Apple shuts down U2 v. Negativland iPod In-Reply-To: References: <25364853.1102453114603.JavaMail.root@scooter.psp.pas.earthlink.net> Message-ID: If Apple were smart, they would have consumer modifiable iPods. The people-with-too-much-money-on-theirs-hands would love it. In terms of music, I'm sure there's some small type in the iPod/Itunes music store that prohibits resale. On Dec 7, 2004, at 11:23 PM, Greg Kucharo wrote: > Perhaps a better idea would be to lobby Apple to introduce the > Negativland Signature iPod, complete with all of the Four Floptops > albums plus an audiobook version of "The Letter U and the Numeral 2" > as read by Crosley Bendix. > > I mean, who wouldn't love to see The Weatherman up on stage at the > intro with Steve Jobs! > > Boopalete my McNothing! From kembrew at kembrew.com Wed Dec 8 09:17:41 2004 From: kembrew at kembrew.com (kembrew mcleod) Date: Wed Dec 8 07:18:57 2004 Subject: [Rumori] Apple shuts down U2 v. Negativland iPod In-Reply-To: References: <25364853.1102453114603.JavaMail.root@scooter.psp.pas.earthlink.net> Message-ID: <4D90B1E7-492C-11D9-8CDB-000D932EDAAE@kembrew.com> i love this irony: when searching for that u2-neg ipod on ebay yesterday i came up with nothing, other than this standard ebay query: Can't find what you're looking for? On Dec 7, 2004, at 10:23 PM, Greg Kucharo wrote: > Perhaps a better idea would be to lobby Apple to introduce the > Negativland Signature iPod, complete with all of the Four Floptops > albums plus an audiobook version of "The Letter U and the Numeral 2" > as read by Crosley Bendix. > > I mean, who wouldn't love to see The Weatherman up on stage at the > intro with Steve Jobs! > > Boopalete my McNothing! > > > > > On Dec 7, 2004, at 2:02 PM, Pan wrote: > >> That's a great idea. If you guys do that, please document it somehow. >> Actually, it would be cool to do it at Apple stores across the >> country, at the same time. >> >> Pan >> >> On Dec 7, 2004, at 3:58 PM, PeterALopez wrote: >> >>> Anyone wanna walk around the NYC Apple store and proceed to get more >>> and more furious and yell/sing... >>> >>> "I still haven't found what i'm looking FOR!" (where's the Negland >>> iPod) >>> >> >> >> _______________________________________________ >> Rumori mailing list >> Rumori@detritus.net >> http://detritus.net/mailman/listinfo/rumori >> older archives: http://detritus.net/contact/rumori/ >> > ----------------------------------------------------------------------- > --------- > Republicans is fine, > If you're a multi-millionaire > Democrats is fair, > If all you own is what you wear > Neither of 'em's REALLY right, > 'Cause neither of 'em CARE > 'Bout that Hot-Plate Heaven, > 'Cause they ain't been there > --FZ, Hot Plate Heaven At The Green Hotel > > > _______________________________________________ > Rumori mailing list > Rumori@detritus.net > http://detritus.net/mailman/listinfo/rumori > older archives: http://detritus.net/contact/rumori/ > > ******************* kembrew mcleod assistant professor department of communication studies university of iowa home contact info: 1037 e. washington st. iowa city, ia 52240 kembrew-mcleod@uiowa.edu 319-341-3583 "We are going to show a new side of him. The Hoff will surprise people with his rap skills." - Ice T, about David Hasselhoff's upcoming hip-hop album, which the rap veteran is producing. From tovhrizzia at yahoo.com Wed Dec 8 09:15:44 2004 From: tovhrizzia at yahoo.com (Santo DiPiazza) Date: Wed Dec 8 09:16:21 2004 Subject: [Rumori] Re: Unauthorized Ipod Message-ID: <20041208171544.91016.qmail@web52406.mail.yahoo.com> Using Apple's logic, no one would ever be able to purchase, alter, and re-sell anything! -Rizzia __________________________________ Do you Yahoo!? Yahoo! Mail - Helps protect you from nasty viruses. http://promotions.yahoo.com/new_mail From carrie at stayfreemagazine.org Wed Dec 8 12:26:44 2004 From: carrie at stayfreemagazine.org (Carrie McLaren) Date: Wed Dec 8 09:26:56 2004 Subject: [Rumori] Re: Unauthorized Ipod In-Reply-To: <20041208171544.91016.qmail@web52406.mail.yahoo.com> References: <20041208171544.91016.qmail@web52406.mail.yahoo.com> Message-ID: > > Using Apple's logic, no one would ever be able to >purchase, alter, and re-sell anything! > I thought that at first, but Apple actually does have an argument because Francis put a huge Apple logo on the ebay ad and included images of his package that made it look like an apple product. If he hadn't included the logo, or if he directly satirized or parodied the logo, he'd have a much stronger case. There was too much ambiguity there, even if he did label it "unauthorized" (cos we all know people don't read). carrie -- Carrie McLaren Editor, Stay Free! tel: 718 398 9324 www.stayfreemagazine.org www.illegal-art.org From edspecial at digitalrealm.net Wed Dec 8 12:51:18 2004 From: edspecial at digitalrealm.net (Ed Special) Date: Wed Dec 8 09:50:03 2004 Subject: [Rumori] Xmas Audio Submissions Message-ID: The 20th annual Special Ed Xmas Radio Collage Marathon airs on WCBN 88.3 FM or online http://www.wcbn.org/listen.html from 10 PM Friday, December 24th thru 10 AM Saturday, Dec. 25th, Eastern Standard Time. I invite all of you to contribute sound files, samples, links, audible whatnot to add to the mix. Core-samples from the past: http://stupid.sensoryresearch.com//mp3/2 -09_ScourgingBabble,JonnyHiccups.mp3 http://stupid.sensoryresearch.com//mp3/08.02-XmasEve02Roast8.12.mp3 http://stupid.sensoryresearch.com//mp3/1-34Xmas86A.mp3 http://stupid.sensoryresearch.com//mp3/03Naivete.mp3 "The Story Of The Naivete" Ed Special and Yax Haxley A SPECIAL ED Xmas Radio 4play Performed live on the air Christmas Eve, 1993 at WCBN FM, Ann Arbor, Michigan. Alternately playing 1 segment of each of several vinyl records in succession on 4 to 5 active turntables. Featuring music of David Hykes and The Harmonic Choir, and Popul Vuh. http://www.wcbn.org/listen.html Time Zone conversion: http://www.convertit.com/Go/ConvertIt/World_Time/ Time_Zones_Map_Large.ASP http://www.timeanddate.com/worldclock/ http://members.tripod.com/~mark_fitz/timezone.htm edspecial@digitalrealm.net From steev at detritus.net Wed Dec 8 10:26:29 2004 From: steev at detritus.net (Steev Hise) Date: Wed Dec 8 10:26:33 2004 Subject: [Rumori] Re: Unauthorized Ipod In-Reply-To: Message-ID: on Wed, 8 Dec 2004 Carrie McLaren told me: ->because Francis put a huge Apple logo on the ebay ad and included ->images of his package that made it look like an apple product. If he ->hadn't included the logo, or if he directly satirized or parodied the ->logo, he'd have a much stronger case. There was too much ambiguity ->there, even if he did label it "unauthorized" (cos we all know people ->don't read). Which so many times in these cases seems to be the real problem - not the content, but the graphics on the package. And which is a trademark infringement, not copyright, regardless of the email address that francis was instructed to respond to: copyright@apple.com.... smh Steev Hise | steev@detritus.net | http://detritus.net/steev read my excellent blog: http://steev.hise.org ----------------------------------------------------------------- "Oh no. You're going to talk about this on your radio show, aren't you?" - girlfriend of Ira Glass, host of 'This American Life' ----------------------------------------------------------------- From das at ubuibi.org Wed Dec 8 11:48:37 2004 From: das at ubuibi.org (das) Date: Wed Dec 8 11:48:43 2004 Subject: [Rumori] Re: Unauthorized Ipod References: <20041208171544.91016.qmail@web52406.mail.yahoo.com> Message-ID: <41B75A95.F798668C@ubuibi.org> and of course the fact that it looks like a 'negitivland' product and it isn't Carrie McLaren wrote: > > > Using Apple's logic, no one would ever be able to > >purchase, alter, and re-sell anything! > > > > I thought that at first, but Apple actually does have an argument > because Francis put a huge Apple logo on the ebay ad and included > images of his package that made it look like an apple product. If he > hadn't included the logo, or if he directly satirized or parodied the > logo, he'd have a much stronger case. There was too much ambiguity > there, even if he did label it "unauthorized" (cos we all know people > don't read). > > carrie > > -- > Carrie McLaren > Editor, Stay Free! > tel: 718 398 9324 > www.stayfreemagazine.org > www.illegal-art.org > > _______________________________________________ > Rumori mailing list > Rumori@detritus.net > http://detritus.net/mailman/listinfo/rumori > older archives: http://detritus.net/contact/rumori/ From pan at sensoryresearch.com Wed Dec 8 17:25:00 2004 From: pan at sensoryresearch.com (Pan) Date: Wed Dec 8 14:25:21 2004 Subject: [Rumori] dorkbot.detroit event: tonight on WCBN 9:00-11:00PM EST Message-ID: Listen: http://www.wcbn.org/listen.html Info: http://dorkbot.org/dorkbotdetroit Pan Sensory Research Network http://www.sensoryresearch.com From wobbly at detritus.net Wed Dec 8 20:20:33 2004 From: wobbly at detritus.net (Jon Leidecker) Date: Wed Dec 8 20:22:40 2004 Subject: [Rumori] Apple shuts down U2 v. Negativland iPod In-Reply-To: <4D90B1E7-492C-11D9-8CDB-000D932EDAAE@kembrew.com> References: <25364853.1102453114603.JavaMail.root@scooter.psp.pas.earthlink.net> Message-ID: kembrew wrote: >i love this irony: > >when searching for that u2-neg ipod on ebay yesterday how about this irony: go to Apple's iTunes Store. search tracks 3 and 4 of their 'These Guys Are From England' release. ha ha. -jl From edspecial at digitalrealm.net Fri Dec 10 17:15:35 2004 From: edspecial at digitalrealm.net (Ed Special) Date: Fri Dec 10 14:14:19 2004 Subject: [Rumori] =?iso-8859-1?q?THE_KNITTING=A0_FACTORY/INSTINCT/EVOLVER?= =?iso-8859-1?q?_RECORDS=A0_BOYCOTT_?= Message-ID: <03AE25C4-4AF9-11D9-B606-00039368C928@digitalrealm.net> THE KNITTING? FACTORY/INSTINCT/EVOLVER RECORDS? BOYCOTT In the last few months the Evolver label and its parent label Instinct, the folks who bought the KNITTING FACTORY clubs & label, have reissued a dozen of the Knit & Shimmy back catalogue items - Sex Mob, Hasidic New Wave, Cuong Vu, Daniel Johnston... Yet many artists have not been paid for their past royalties! Furthermore, thousands of previously pressed Knit and Shimmy Disc [Kramer's label which was "acquired" by the Knit before itself being bought by Instinct] CDs were destroyed [summer 2003] leaving many former Knit artists frustrated and angry. *** Here are some very telling? testimonials: Catherine Jauniaux : I am Tom Cora's widow and the sole legal administrator, executor, and, along with my 10 year old son Elia Corra, inheritor of his estate. This CD* , "It's a Brand New Day Tom Cora Live at the Knitting Factory", was released in 2000, two years after Tom's death in 1998. However, I never signed any agreements or contracts regarding this CD. Nor have I received any payments for it. I've received no sales or royalty statements. [*The proceeds from this disc were to benefit Cora's family;? Bruce Lee Gallanter donated the tapes from his archive for this project] John Zorn: I produced the Cora tribute "It's a Brand New Day"...all the musicians involved generously agreed to donate both their music and their artist royalties to Tom's surviving family....i.e. Catherine...[it's] a shame so many cds get destroyed instead of giving or selling them to the artists...what a waste! and an ultimate comment on what they really think of the product they make... Judith Ren-Lay: I released an album on Instinct over ten years ago called "Sub Dub" and have yet to receive any royalty statements. Raz Mesinai: My contract says that I get my master back if the recording goes out of print. The record is out of print as far as I can tell, yet they claim it's not and won't return the rights to my master. Matt Moran: When I asked to buy copies of my CD in order to sell them at gigs, they claimed they couldn't seem to find any. Then I discover they have given the music to EMusic as a free download! Rebecca Moore: It has been several years now of total confusion. I had been working with the previous label management to establish what had happened to an entire printing of my CD, royalty-wise. A second printing was ordered right in front of me even though my royalty statements never reflect this. Then one day I call up to follow-thru and there is a whole new staff running the place. At that point I set about getting ownership of my masters, as my work was out of print and my contract entitled me. The current staff then held me in an email debate for WEEKS about the definition of "out of print." Even though they had wanted to throw out my CD's in their office-relocation, they would not just give me my masters back. It was exasperating. Then finally they tried to get me to sign a contract absolving them of all royalty responsibility in order to get back one of my masters. I refused to sign, telling them the contract I already had entitled me to get them back. It has been an odyssey no poor, struggling musician--no musician, period--should have to go through. Hassan Hakmoun: I recorded with Knitting Factory in 1990. and I never received any? $00. for 14 years Roy Nathanson: I have two records with the Jazz Passengers and two records with Anthony Coleman on the Knitting Factory Label (not to mention the countless cuts put on collection samplers that I know little or nothing about). This work was part of a vital scene that brought some wonderful music to the city. The complete callous disrespect shown the artists and their work by the current owners of the label is remarkable. I retrieved copies of some of these [CDs] completely by accident and had to pay for them although the current regime was ready to throw them out. This is all far beyond the lack of royalty statements. It's a matter of criminal disrespect. *** Downtown Music Gallery had always supported Knitting Factory recording artists, as well as the club. Things have obviously changed. Both the club and label originally made their reputation [under founders Michael Dorf and Bob Appel] when luminaries such as Wayne Horvitz, John Zorn, Elliott Sharp, Fred Frith, et al, chose this fledgling NY performance space as their stage of choice, opening up an entire scene that allowed a great number of creative musicians to once again be seen and heard, creating a certain 'Downtown Music Scene' renaissance. At this point, a large group of former Knitting Factory recording artists, including those above, are attempting to get back the rights to their old Knit recordings. Here is their email verbatim: *** "From: Date: Mon, 22 Nov 2004 21:35:48 -0500 To: dmg@downtownmusicgallery.com Subject: CALLING ALL NEW YORK MUSICIANS: BIG DEMO SET FOR DECEMBER 15TH! Mark your calendars, everyone. Our next big demo is set: Time: Wednesday, December 15th, 12 NOON Place: outside the Knitting Factory (74 Leonard Street between Broadway and Church Street) We hope that musicians everywhere will attend this historic demonstration! This action began when The Knitting Factory, once a home both literally and figuratively for alternative, challenging forms of music, was taken over (label and club) by Instinct Records in 2002. No official announcement was ever made to the artists on the label. Confusion ensued over the coming weeks and months, word spread about the change of ownership and suddenly many artists found themselves out in the cold: unable to get satisfactory answers about the status of their work from the new label owners, unable to get their masters back even though it was in their contracts that they could, and unable to get satisfactory accountings of their work. When Instinct moved their offices in 2003, artists were shocked to hear eyewitness accounts the following week of their CDs being thrown out by the case. This demo is not just about our community of musicians and one indie record label: we want to help make industry-wide changes and increase awareness on behalf of indie recording artists everywhere, who have often not had access to legal help or the ability to challenge a label when they felt their contracts had not been honored. The Musicians Union, Local 802, has stepped in, offering free legal help and an unprecedented level of support for this historic action. We've scheduled the demo at noon to get maximum press exposure. Therefore, we've got to make this demo HUGE. Come out and support all Knitting Factory/Instinct artists past and present in their fight to get their contracts honored and their work treated with respect! If you couldn't make the last demo, then it is really important that you make it to this one--we really need your presence! And please forward this message to every musician that you know. We are also announcing a BOYCOTT to begin on FEBRUARY 14. The two month gap between then and now is to avoid inconveniencing other artists and to give Instinct another opportunity to end its stubborn refusal to negotiate. But unless that occurs we urge all artists: DON'T BOOK ANY NEW DATES AT THE KNTTING FACTORY without first consulting the TITTB website. Gigs booked after that date may have artists and audience crossing "Don't Go In" picket lines.? We urge all fans: the best Valentine's Day present you can give the indie label recording artists whose work you enjoy is your solidarity. If the club continues to stonewall the artists through FEBRUARY 14th: DON'T GO IN. BOYCOTT FOR ARTISTS RIGHTS!!! Let's repeat and make this clear: despite the filing of our lawsuit, despite the announcement of this boycott,? we remain open and willing to talk to KF/Instinct Records, should they at any point acquiesce to a sit-down meeting with us. Performing Opportunity: we want lots of musicians to play short sets (since it will be chilly) at the demo, so there is a constant flow of music and noise and lots of photo opps. Having Kenny Wolleson and musicians playing at the last demo really made the difference. The President of Local 802, David Lennon, will be speaking at this event, and 802 is mobilizing their PR department on our behalf to make sure this demo gets coverage. Are you interested in performing (KF/Instinct artist, or anyone?) Acoustic acts are best though there might be a simple PA system of some kind there. If interested--contact us at this email address! We are going to tell KF/Instinct records, loud and clear: We want our masters back, as we are contractually entitled! We want the royalties (mechanical or otherwise) we are due, and clear, accurate accountings! We want our CDs offered to us, or Downtown Music Gallery--not thrown in the trash!!! We want all indie artists to have their contracts honored when their label changes hands!! See you at the demo -- the takeittothebridge crew" *** DMG will no longer sell these Evolver "Knit" [and Instinct "Shimmy"] reissues until this problem has been resolved. HELL, ANY INSTINCT OR EVOVLER PRODUCT AT ALL! WE URGE YOU NOT TO BUY ANY! We are removing the availability of those items from our website and returning all product for credit to Evolver/Instinct's distributor. We will not promote or attend gigs at the Knitting Factory club s as well. At least until this problem has been resolved. PLEASE GO TO?? http://www.takeittothebridge.com/ AND SIGN THE 'SUPPORTERS' PETITION. WE ALREADY DID!!! [make sure to UNCHECK the box that says "you have a record on KF/Instinct Records" - assuming you are not on any of their recordings!] WE URGE THE 3500+ FOLKS WHO RECEIVE OUR NEWSLETTER TO DO THE SAME. Remember, musicians and their recordings create the collective joy that brings us listeners together. Shouldn't we raise our voice to help assure their remuneration for their work? YES! Sincerely, Bruce Lee Gallanter, founder Downtown Music Gallery Emanuel "MannyLunch" Maris, Manager/Partner "Emperor" Mike Clark, Communications DJ Mikey "IQ" Jones and DJ John Hall, Shipping & Receiving From steev at detritus.net Sat Dec 11 10:53:50 2004 From: steev at detritus.net (steev@detritus.net) Date: Sat Dec 11 10:54:01 2004 Subject: [Rumori] Detritus Update: Brasil's Stance on IP Message-ID: (((((((((((((((( Detritus Update: Brasil's Stance on IP )))))))))))))))) December 11, 2004 ------------------------------------------------------------------------ Wired brings us An incredible article about Brasil's intellectual property policies, including everything from AIDS drugs to music to Linux. This is a really inspiring story which shows that solutions and hope for the future may increasingly come from unexpected... ------------------------------------------------------------------------ http://detritus.net/blog/archives/000239.html -- Powered by Movable Type Version 2.661 http://www.movabletype.org/ From edspecial at digitalrealm.net Mon Dec 13 19:19:47 2004 From: edspecial at digitalrealm.net (Ed Special) Date: Mon Dec 13 16:18:31 2004 Subject: [Rumori] Digital Future: Internet Archives Message-ID: Wish I'd caught this sooner, but I'm sure they'll replay it a few times. Check the CSPAN schedule later: http://inside.c-spanarchives.org:8080/cspan/fullschedule.csp Forum Digital Future: Archiving Library of Congress Washington, District of Columbia (United States) Kahle, Brewster , Co-Founder and Director, Internet Archives Brewster Kahle, digital librarian, director and co-founder of the Internet Archive, will explain how and why capturing material on the Web is important and discuss the challenges of selecting pertinent content. Mr. Kahle is the person who first developed the idea and tools to archive the Web. He will explain how he did that, and why it's important to our everday use of the internet. The title of his talk is "Universal Access to Knowledge." The featured speaker will be followed by a panel discussion, and a question and answer session with the audience at the venue, and C-SPAN television viewers who email questions to the experts at digital@loc.gov. The series "Managing Knowledge and Creativity in a Digital Context" will examine how the digital age is changing the most basic ways information is organized and classified. The goal is to educate the public on what the digital age means to their lives. From edspecial at digitalrealm.net Mon Dec 13 22:30:37 2004 From: edspecial at digitalrealm.net (Ed Special) Date: Mon Dec 13 19:29:17 2004 Subject: [Rumori] Digital Future: Internet Archives In-Reply-To: References: Message-ID: <85C06E88-4D80-11D9-B155-00039368C928@digitalrealm.net> Re-broadcast: CSPAN 2 (which is censored weeknights 7pm to 7am in Ann Arbor) 2:39 am 1:29 (est.) Digital Future: Archiving Forum Library of Congress, Brewster Kahle , Internet Archives http://inside.c-spanarchives.org:8080/cspan/cspan.csp? command=dprogram&record=38390760 see the series: The Digital Future http://www.c-span.org/congress/digitalfuture.asp On Dec 13, 2004, at 7:19 PM, Ed Special wrote: > Wish I'd caught this sooner, but I'm sure they'll replay it a few > times. > Check the CSPAN schedule later: > > http://inside.c-spanarchives.org:8080/cspan/fullschedule.csp > > > > Forum > Digital Future: Archiving > Library of Congress > Washington, District of Columbia (United States) > > Kahle, Brewster , Co-Founder and Director, Internet Archives > > Brewster Kahle, digital librarian, director and co-founder of the > Internet Archive, will explain how and why capturing material on the > Web is important and discuss the challenges of selecting pertinent > content. Mr. Kahle is the person who first developed the idea and > tools to archive the Web. He will explain how he did that, and why > it's important to our everday use of the internet. The title of his > talk is "Universal Access to Knowledge." > > The featured speaker will be followed by a panel discussion, and a > question and answer session with the audience at the venue, and C-SPAN > television viewers who email questions to the experts at > digital@loc.gov. > > The series "Managing Knowledge and Creativity in a Digital Context" > will examine how the digital age is changing the most basic ways > information is organized and classified. The goal is to educate the > public on what the digital age means to their lives. > > > > _______________________________________________ > Rumori mailing list > Rumori@detritus.net > http://detritus.net/mailman/listinfo/rumori > older archives: http://detritus.net/contact/rumori/ > From carrie at stayfreemagazine.org Tue Dec 14 11:34:57 2004 From: carrie at stayfreemagazine.org (Carrie McLaren) Date: Tue Dec 14 08:35:25 2004 Subject: [Rumori] Question about CD duplication Message-ID: Hi, a Stay Free reader asked me this question but I haven't heard of this problem before. Does anyone know anything about this on-body-printing problem? What's it based on? > > I am trying to get some CDs duplicated for a publication >but we have no money for on-body-printing and thought we would label them >with stickers. However, none of the duplicating companies will quote us for >that, saying that without on-body-printing there is a copyright issue? > >> What is your knowledge in this area? What could we do about it do you think? >Do you know anyone in the UK/Scotland working on such issues? -- Carrie McLaren Editor, Stay F---! tel: 718 398 9324 www.stayfreemagazine.org www.illegal-art.org From david at locarecords.com Tue Dec 14 17:27:42 2004 From: david at locarecords.com (David) Date: Tue Dec 14 09:27:27 2004 Subject: [Rumori] Question about CD duplication In-Reply-To: References: Message-ID: <75CDDBC4-4DF5-11D9-A5D2-000A95B8FFFA@locarecords.com> Basically you are *supposed* to put the CD symbol on every CD that is pressed to indicate that it is licensed from Phillips. You can of course put this on the sticker. To be honest the fact that they care is a bit weird as we never bother at Loca ( http://www.locarecords.com ) but don't tell anyone... ;-) David On 14 Dec 2004, at 16:34, Carrie McLaren wrote: > Hi, a Stay Free reader asked me this question but I haven't heard of > this problem before. Does anyone know anything about this > on-body-printing problem? What's it based on? > > >> > I am trying to get some CDs duplicated for a publication >> but we have no money for on-body-printing and thought we would label >> them >> with stickers. However, none of the duplicating companies will quote >> us for >> that, saying that without on-body-printing there is a copyright issue? >> >>> What is your knowledge in this area? What could we do about it do >>> you think? >> Do you know anyone in the UK/Scotland working on such issues? > > > -- > Carrie McLaren > Editor, Stay F---! > tel: 718 398 9324 > www.stayfreemagazine.org > www.illegal-art.org > > _______________________________________________ > Rumori mailing list > Rumori@detritus.net > http://detritus.net/mailman/listinfo/rumori > older archives: http://detritus.net/contact/rumori/ From illegalart at detritus.net Tue Dec 14 11:44:10 2004 From: illegalart at detritus.net (illegal art) Date: Tue Dec 14 09:46:20 2004 Subject: [Rumori] Question about CD duplication In-Reply-To: References: Message-ID: it's because they believe that if you don't want them to print anything on the disc it must be a bootleg. usually the first 1-2 colors don't increase the price per disc but have a small film charge per color.. so why not just print something minimal on it in one color (pay the extra $20) and then put the stickers on top. philo >Hi, a Stay Free reader asked me this question but I haven't heard of >this problem before. Does anyone know anything about this >on-body-printing problem? What's it based on? > >.. with a tim >> > I am trying to get some CDs duplicated for a publication >>but we have no money for on-body-printing and thought we would label them >>with stickers. However, none of the duplicating companies will quote us for >>that, saying that without on-body-printing there is a copyright issue? >> >>> What is your knowledge in this area? What could we do about it do >>>you think? >>Do you know anyone in the UK/Scotland working on such issues? > > >-- >Carrie McLaren >Editor, Stay F---! >tel: 718 398 9324 >www.stayfreemagazine.org >www.illegal-art.org > >_______________________________________________ >Rumori mailing list >Rumori@detritus.net >http://detritus.net/mailman/listinfo/rumori >older archives: http://detritus.net/contact/rumori/ From anthonyh at epic.co.uk Tue Dec 14 17:48:48 2004 From: anthonyh at epic.co.uk (Anthony Hall) Date: Tue Dec 14 09:49:29 2004 Subject: [Rumori] Question about CD duplication In-Reply-To: <75CDDBC4-4DF5-11D9-A5D2-000A95B8FFFA@locarecords.com> References: Message-ID: <5.2.0.9.0.20041214174607.01acb5a0@post.epic.co.uk> I would discourage anyone from using stickers on CDs generally - too many potential playback issues, from uneven weight during playback leading to errors, to crap glue coming loose after a while...yuk :( On-body print is there for a reason - stickers don't work. For the cost of stickers you could get printable blanks and print them yourself maybe? My 2p, Ant At 17:27 14/12/2004 +0000, you wrote: >Basically you are *supposed* to put the CD symbol on every CD that is >pressed to indicate that it is licensed from Phillips. You can of course >put this on the sticker. > >To be honest the fact that they care is a bit weird as we never bother at >Loca ( http://www.locarecords.com ) but don't tell anyone... ;-) > >David > > > >On 14 Dec 2004, at 16:34, Carrie McLaren wrote: > >>Hi, a Stay Free reader asked me this question but I haven't heard of this >>problem before. Does anyone know anything about this on-body-printing >>problem? What's it based on? >> >> >>> > I am trying to get some CDs duplicated for a publication >>>but we have no money for on-body-printing and thought we would label them >>>with stickers. However, none of the duplicating companies will quote us for >>>that, saying that without on-body-printing there is a copyright issue? >>> >>>> What is your knowledge in this area? What could we do about it do you >>>> think? >>>Do you know anyone in the UK/Scotland working on such issues? >> >> >>-- >>Carrie McLaren >>Editor, Stay F---! >>tel: 718 398 9324 >>www.stayfreemagazine.org >>www.illegal-art.org >> >>_______________________________________________ >>Rumori mailing list >>Rumori@detritus.net >>http://detritus.net/mailman/listinfo/rumori >>older archives: http://detritus.net/contact/rumori/ > > >_______________________________________________ >Rumori mailing list >Rumori@detritus.net >http://detritus.net/mailman/listinfo/rumori >older archives: http://detritus.net/contact/rumori/ From mattdavignon at hotmail.com Tue Dec 14 15:24:22 2004 From: mattdavignon at hotmail.com (matt davignon) Date: Tue Dec 14 15:25:45 2004 Subject: [Rumori] Question about CD duplication In-Reply-To: <75CDDBC4-4DF5-11D9-A5D2-000A95B8FFFA@locarecords.com> Message-ID: Ha! I never knew that! I have a bunch of cd's on my desk right now. All the major-label discs have the CD symbol, but only about 1 in 10 of the "indie" discs have it. I always thought it was a fairly stupid thing to put on discs after 1990 or so. (By then, I imagined most people should've been aware of what a compact disc looks like.) >From: David >Reply-To: "Detritus discussion list." >To: "Detritus discussion list." >Subject: Re: [Rumori] Question about CD duplication >Date: Tue, 14 Dec 2004 17:27:42 +0000 > > >Basically you are *supposed* to put the CD symbol on every CD that is >pressed to indicate that it is licensed from Phillips. You can of course >put this on the sticker. > >To be honest the fact that they care is a bit weird as we never bother at >Loca ( http://www.locarecords.com ) but don't tell anyone... ;-) > >David > >>> > I am trying to get some CDs duplicated for a publication >>>but we have no money for on-body-printing and thought we would label them >>>with stickers. However, none of the duplicating companies will quote us >>>for >>>that, saying that without on-body-printing there is a copyright issue? >>> >>>> What is your knowledge in this area? What could we do about it do you >>>>think? >>>Do you know anyone in the UK/Scotland working on such issues? >> >> From mattdavignon at hotmail.com Tue Dec 14 15:28:03 2004 From: mattdavignon at hotmail.com (matt davignon) Date: Tue Dec 14 15:30:22 2004 Subject: [Rumori] Walmart sued for selling a cd with the word "fuck" on it. In-Reply-To: <75CDDBC4-4DF5-11D9-A5D2-000A95B8FFFA@locarecords.com> Message-ID: If you thought Walmart was run by overly sensitive censorship folks, try the shoppers! I wish I got $75k each time I heard the word "fuck" at age 13! Wal-Mart sued over Evanescence lyrics HAGERSTOWN, Md. (AP) — Wal-Mart Stores Inc., which promotes itself as a seller of clean music, deceived customers by stocking compact discs by the rock group Evanescence that contain the f-word, a lawsuit claims. The hit group's latest CD and DVD, Anywhere But Home, don't carry parental advisory labels alerting potential buyers to the obscenity. If they did, Wal-Mart wouldn't carry them, according to the retailer's policy. But the lawsuit claims Wal-Mart knew about the explicit lyrics in the song, Thoughtless, because it censored the word in a free sample available on its Web site and in its stores. The complaint, filed Thursday in Washington County Circuit Court, seeks an order requiring Wal-Mart to either censor or remove the music from its Maryland stores. It also seeks damages of up to $74,500 for each of the thousands of people who bought the music at Wal-Marts in Maryland. "I don't want any other families to get this, expecting it to be clean. It needs to be removed from the shelves to prevent other children from hearing it," said plaintiff Trevin Skeens of Brownsville. Skeens said he and his wife, Melanie, let their daughter buy the music for her 13th birthday and were shocked when they played it in their car while driving home. Wal-Mart, of Bentonville, Ark., has no immediate plans to pull the CDs from its shelves, spokesman Guy Whitcomb told The (Hagerstown) Herald-Mail. He said the company will investigate the allegations. No hearing dates have been set. "While Wal-Mart sets high standards, it would not be possible to eliminate every image, word or topic that an individual might find objectionable," Whitcomb told the newspaper. He told the Herald-Mail that the song sample online was censored by Walmart.com, a separate division of Wal-Mart. Whitcomb didn't return telephone calls Friday from The Associated Press. The lawsuit also names as defendants Wind-up Records LLC, the New York-based company that recorded the music and decided not to apply parental-advisory stickers; and distributor BMG Entertainment, a subsidiary of Sony BMG Music Entertainment, of New York. Sony BMG declined to comment on the lawsuit. Wind-up didn't return calls from the AP. The Skeens' lawyer, Jon Pels of Bethesda, said he aims to "take this case national, even if that means going state by state." He dismissed Whitcomb's suggestion that Wal-Mart stores didn't know about the censored version of the song. "They are a multimillion-dollar corporation and they certainly can communicate among their various entities," he said. From bt at wfmu.org Tue Dec 14 18:41:03 2004 From: bt at wfmu.org (Brian Turner) Date: Tue Dec 14 15:41:38 2004 Subject: [Rumori] Walmart sued for selling a cd with the word "fuck" on it. In-Reply-To: Message-ID: Isn't it ultimately SOny/BMG's responsibility to label the explicit releases tho'? brian On Tue, 14 Dec 2004, matt davignon wrote: > If you thought Walmart was run by overly sensitive censorship folks, try the > shoppers! I wish I got $75k each time I heard the word "fuck" at age 13! > > > Wal-Mart sued over Evanescence lyrics > > HAGERSTOWN, Md. (AP) ? Wal-Mart Stores Inc., which promotes itself as a > seller of clean music, deceived customers by stocking compact discs by the > rock group Evanescence that contain the f-word, a lawsuit claims. > > The hit group's latest CD and DVD, Anywhere But Home, don't carry parental > advisory labels alerting potential buyers to the obscenity. If they did, > Wal-Mart wouldn't carry them, according to the retailer's policy. > > But the lawsuit claims Wal-Mart knew about the explicit lyrics in the song, > Thoughtless, because it censored the word in a free sample available on its > Web site and in its stores. > > The complaint, filed Thursday in Washington County Circuit Court, seeks an > order requiring Wal-Mart to either censor or remove the music from its > Maryland stores. It also seeks damages of up to $74,500 for each of the > thousands of people who bought the music at Wal-Marts in Maryland. > > "I don't want any other families to get this, expecting it to be clean. It > needs to be removed from the shelves to prevent other children from hearing > it," said plaintiff Trevin Skeens of Brownsville. > > Skeens said he and his wife, Melanie, let their daughter buy the music for > her 13th birthday and were shocked when they played it in their car while > driving home. > > Wal-Mart, of Bentonville, Ark., has no immediate plans to pull the CDs from > its shelves, spokesman Guy Whitcomb told The (Hagerstown) Herald-Mail. He > said the company will investigate the allegations. No hearing dates have > been set. > > "While Wal-Mart sets high standards, it would not be possible to eliminate > every image, word or topic that an individual might find objectionable," > Whitcomb told the newspaper. > > He told the Herald-Mail that the song sample online was censored by > Walmart.com, a separate division of Wal-Mart. > > Whitcomb didn't return telephone calls Friday from The Associated Press. > > The lawsuit also names as defendants Wind-up Records LLC, the New York-based > company that recorded the music and decided not to apply parental-advisory > stickers; and distributor BMG Entertainment, a subsidiary of Sony BMG Music > Entertainment, of New York. > > Sony BMG declined to comment on the lawsuit. Wind-up didn't return calls > from the AP. > > The Skeens' lawyer, Jon Pels of Bethesda, said he aims to "take this case > national, even if that means going state by state." > > He dismissed Whitcomb's suggestion that Wal-Mart stores didn't know about > the censored version of the song. "They are a multimillion-dollar > corporation and they certainly can communicate among their various > entities," he said. > > > > _______________________________________________ > Rumori mailing list > Rumori@detritus.net > http://detritus.net/mailman/listinfo/rumori > older archives: http://detritus.net/contact/rumori/ > -- From beatsystem at lineone.net Wed Dec 15 00:50:52 2004 From: beatsystem at lineone.net (Beatsystem) Date: Tue Dec 14 16:51:05 2004 Subject: [Rumori] Walmart sued for selling a cd with the word "fuck" onit. References: Message-ID: <001c01c4e240$2d2377e0$6401a8c0@studio> > Isn't it ultimately SOny/BMG's responsibility to label the explicit > releases tho'? Not when it comes to Wal-mart - Labels will often now release a "wal-mart edit" just so they will carry the offending album. What is it now, something like 17% of a potential american top 10 releases sales will come from wal-mart? - sufficient reason for a label to issue an edit, and also, logically, sufficient reason for a consumer to expect all Wal-mart sanctioned discs to be "clean". Ooops. For once, he who lives by the sword....well, will at least get poked a bit in return ;) The lawyer knows he has a case though, hence the gung-ho, "state by state" attitude. We'll see how long it takes for them to get beaten down and settled out of court....not very long, imho...heh. -- ant From pl1x at earthlink.net Fri Dec 17 17:02:08 2004 From: pl1x at earthlink.net (PeterALopez) Date: Fri Dec 17 17:02:18 2004 Subject: [Rumori] Detritus Update: A Singular Christmas from Eigenradio Message-ID: ((((((((( Detritus Update: A Singular Christmas from Eigenradio ))))))))) December 18, 2004 ------------------------------------------------------------------------ http://eigenradio.media.mit.edu/christmas_2004.html This season, as a present to friends worldwide, our system listened to as much Christmas music as it could handle. When it was done it synthesized these sixteen new timeless classics. Please enjoy "A Singular Christmas."... ------------------------------------------------------------------------ http://detritus.net/blog/archives/000248.html -- Powered by Movable Type Version 2.661 http://www.movabletype.org/ From steev at detritus.net Sun Dec 19 17:30:14 2004 From: steev at detritus.net (steev@detritus.net) Date: Sun Dec 19 17:30:39 2004 Subject: [Rumori] Detritus Update: The Fine Art of Sampling Contests Message-ID: (((((((((( Detritus Update: The Fine Art of Sampling Contests )))))))))) December 20, 2004 ------------------------------------------------------------------------ http://detritus.net/blog/archives/000253.html -- Powered by Movable Type Version 2.661 http://www.movabletype.org/ From david at locarecords.com Wed Dec 22 15:26:04 2004 From: david at locarecords.com (David) Date: Wed Dec 22 07:25:32 2004 Subject: [Rumori] New LOCA videos Message-ID: We've finally managed to get (most) of our music videos online which are released CC-BY-SA. We plan to put up more in 2005. Additionally we are looking for copyleft video makers who might be interested in producing music videos for us. We have lots of tracks in our back catalogue plus lots coming out in the new year including electronica/hiphop/dancehall/ish stuff... If you are interested please drop us a line.. The videos are located handily in http://www.locarecords.com/video And some copyleft music is available in http://www.locarecords.com/music Of course, feel free to step in via the front door too, http://www.locarecords.com Cheers David http://www.locarecords.com From steev at detritus.net Thu Dec 23 09:35:06 2004 From: steev at detritus.net (Steev Hise) Date: Thu Dec 23 09:35:25 2004 Subject: [Rumori] New LOCA videos In-Reply-To: Message-ID: on Wed, 22 Dec 2004 David told me: ->The videos are located handily in -> ->http://www.locarecords.com/video really nice work. i especially like 'Heavey Artillery' ( i would guess that would be the favorite for most on this list. :-) ) smh Steev Hise | steev@detritus.net | http://detritus.net/steev read my excellent blog: http://steev.hise.org ----------------------------------------------------------------- "The problem... goes far beyond the old critique of how consumer culture cultivates feelings of inadequacy, lack, and need so people will buy and buy again. Now this culture actually makes life worse in order to sell solutions that purport to make it better." -Jonathan Rowe, "Rethinking Economics" ----------------------------------------------------------------- From semctigue at yahoo.com Thu Dec 23 17:57:46 2004 From: semctigue at yahoo.com (Susan McTigue) Date: Thu Dec 23 17:57:50 2004 Subject: [Rumori] The Beastles Message-ID: <20041224015746.6350.qmail@web12824.mail.yahoo.com> Mash-ups to (w)rap to: http://halley.lunarpages.com/~djbc002/beastles/ Susan From edspecial at digitalrealm.net Fri Dec 24 14:22:53 2004 From: edspecial at digitalrealm.net (Ed Special) Date: Fri Dec 24 11:21:39 2004 Subject: [Rumori] Xmas Radio update Message-ID: <351C228E-55E1-11D9-BF43-00039368C928@digitalrealm.net> The 20th annual Special Ed Xmas Radio Collage Marathon airs on WCBN 88.3 FM or online http://www.wcbn.org/listen.html from 12 AM midnight, December 24th thru 9 AM Saturday, Dec. 25th, Eastern Standard Time. http://www.wcbn.org/listen.html Time Zone conversion: http://www.convertit.com/Go/ConvertIt/World_Time/ Time_Zones_Map_Large.ASP http://www.timeanddate.com/worldclock/ http://members.tripod.com/~mark_fitz/timezone.htm Hope you can tune in, edspecial@digitalrealm.net From steev at detritus.net Tue Dec 28 13:09:26 2004 From: steev at detritus.net (Steev Hise) Date: Tue Dec 28 13:09:30 2004 Subject: [Rumori] Determined Detractors Message-ID: pretty interesting article from yesterday's new york times: ( http://www.nytimes.com/2004/12/27/business/media/27adco.html?oref=login ) Marketing's Flip Side: The 'Determined Detractor' By NAT IVES Marketers have become fond of recruiting friendly trendsetters to promote their products, but modern technology may now force them to pay attention to another kind of agent of influence making the rounds: the determined detractor. Determined detractors are persistent critics of a company or product that mount their own public relations offensive, often online. They have roiled corporate plans at least since Ralph Nader famously attacked the Chevrolet Corvair and other cars in his 1965 book, "Unsafe at Any Speed," which prompted General Motors to hire a private detective to investigate him. But the Internet and affordable digital technology have made its far easier for detractors to contact and mobilize sympathizers, as the presidential candidates found this year: MoveOn.org was critical of President Bush, and the Swift Boat Veterans for Truth posed a challenge to Senator John Kerry. Now some public relations agencies and research companies are studying determined detractors, dividing them into different groups defined by motivation, monitoring their complaints and trying to help corporate clients decide how to react. BuzzMetrics, a New York-based specialist in word-of-mouth marketing, has developed proprietary software to scoop up information on trendsetters and potential influencers as they travel the Internet, posting messages on bulletin board sites, updating personal Web pages and sharing information through e-mail mailing lists. "For brand managers, the big challenge is to predict trouble on the horizon," said Jonathan Carson, head of BuzzMetrics. "When they see a detractor they have to figure out whether it's a single disgruntled customer or an actual smoldering crisis that could explode." BuzzMetrics would not identify by name the 20 or so marketers it says have used, or are now using, its crisis management or prevention services, but Mr. Carson said the clients included several pharmaceutical companies. BuzzMetrics also looked into the threat posed to a French conglomerate when some supporters of the Iraq invasion were circulating a boycott list. It is now studying the way critics of Dan Rather gained traction so soon after his report questioning President Bush's National Guard service. The best-known corporate detractor this year was probably Morgan Spurlock, who tried to shred McDonald's image with his documentary "Super Size Me." But Web-savvy agitators have also used the Internet to great effect, with sites like www.ipodsdirtysecret.com (contending that the battery in Apple's iPod lasts only 18 months, cannot be replaced by the user and, at the time, cost $250 to have it replaced by Apple), www.ihatestarbucks.com (criticizing Starbucks on a number of issues) and www.watchingmicrosoft.com (a compendium of news and Web links critical of Microsoft). "One determined detractor can do as much damage as 100,000 positive mentions can do good," said Paul Rand, managing director at Ketchum Midwest in Chicago, part of the Omnicom Group. "In the same way that we need to understand who the positive influencers are, it is becoming even more critical to identify and manage determined detractors." "The technology puts the power of the press into the hands of the everyman," he added. One of the most widely publicized detractor stunts took aim at Apple Computer's popular iPod. Two brothers who live in New York City, Casey and Van Neistat, discovered last year that dead iPod batteries could not be easily or cheaply replaced. So they recorded a phone call to the Apple help line, where they were told the smartest thing was to buy a new iPod; shot video of themselves stenciling "iPod's unreplaceable battery lasts only 18 months" on iPod posters; and posted it all online as a three-minute video. The clip cost them $40 to produce. Apple Computer, which did not respond to messages left seeking comment, soon began offering a cheaper battery-replacement program. The protest video, which went up in November 2003, remains online at www.ipodsdirtysecret.com. Casey Neistat, an artist and aspiring filmmaker, said he welcomed responses from marketers and corporate targets. "If it's just to better their product or avoid a P.R. disaster, the bottom line is that that benefits the customer," he said. Shortly after the United States-led invasion of Iraq, when some political conservatives urged boycotts of French products in protest against French opposition to the war, a marketer of French products hired BuzzMetrics to gauge the risk of boycott threats in America. After mapping the spread of a big boycott list online, BuzzMetrics collected reactions from various groups of consumers. "The determined detractors promoted the boycott online and specifically went after enthusiasts of the products on the lists," Mr. Carson recalled. The reaction, however, was anything but monolithic: it turned out that political partisans were split down the middle on the boycott. And, most important for the client, the buyers of its products were overwhelmingly against the proposed boycott. In partnership with the Pew Internet and American Life Project, BuzzMetrics also analyzed the online response that followed Dan Rather's report on CBS questioning President Bush's National Guard service. They identified small groups of determined detractors of Mr. Rather that had communicated online for years, often through sites like www.ratherbiased.com. When a few critics raised doubts about the documents that Mr. Rather included in his report, the infrastructure was already in place to spread and amplify the questions. Mr. Rather ultimately conceded that he could not authenticate the documents. "That carries over for a lot of brands," Mr. Carson said. "Where there are disgruntled customers out there who have done some degree of organizing, the infrastructure is there for a major attack to take place." Mr. Rand, the Ketchum executive, said classifying detractors helped companies decide whether and how to react. The Neistat Brothers come from the "hear me" school, a group that can often be assuaged by acknowledging their concerns and ameliorating any problem, he said. Left unchecked, "hear me" types can become "reputation terrorists" who have a personal interest in publicly criticizing a company, Mr. Rand said. "These are the folks we have to track and stay on top of," he said. "To not do so can cost money." There are, finally, "competitive destroyers," who may even be competing companies willing to slander a rival, Mr. Rand said. Companies can protect themselves against this group to some degree by making as much truthful information available as possible. For now, though, even the targets of "Super Size Me" and www.ihatestarbucks.com say they are not so concerned with detractors. Lara Wyss, a spokeswoman at Starbucks Coffee in Seattle, said the company recognized that people used many means, including the Internet, to voice their opinions. "With that said, the majority of public responses to Starbucks are overwhelmingly positive," she said. "We have daily face-to-face contact with our customers," said Walt Riker, a spokesman at McDonald's in Oak Brook, Ill. "That's a huge advantage. They let you know what they're interested in. We don't need detractors." Steev Hise | steev@detritus.net | http://detritus.net/steev read my excellent blog: http://steev.hise.org ----------------------------------------------------------------- "If you cut into the present, the future will leak out." -William S. Burroughs ----------------------------------------------------------------- From david at personify.tv Thu Dec 30 13:58:54 2004 From: david at personify.tv (David Goldschmidt) Date: Thu Dec 30 13:58:29 2004 Subject: [Rumori] $100 to EFF Message-ID: <41D47A1E.70502@personify.tv> I would love to absolutely prove that NEVER in the history of the United States has anyone ever been criminally charged for mashing copyrighted content. I'm doing this becasue I want to try and counter some of the FUD effects that the MPAA, RIAA, and others have caused around this issue. There is more info at my blog www.mediatrips.com best, david goldschmidt