Harvard Law Professor Needed to Clearly Define Stealing
November 25, 2008
Nesson, Harvard Law Professor, Sues RIAA
Charles R. Nesson ’60, the founder of Harvard’s Berkman Center for Internet and Society, is defending Joel Tenenbaum, a Boston University graduate student charged in 2005 with downloading seven songs from a file-sharing network. According to RIAA spokesperson Cara Duckworth, the amount sought from Tenenbaum is undisclosed and left to the judge’s discretion, though Tenebaum may face over $1 million in penalties.
Nesson argues the RIAA’s prosecution of Tenenbaum oversteps legal boundaries.
“This is an unconstitutional delegation by Congress of executive prosecutorial powers to private hands,” Nesson wrote in his brief.
“That a private organization is allowed to take a huge chunk of government power and impose its will upon millions of people is, frankly, disconcerting,” he said in an interview.
The statute in question—The Digital Theft Deterrence and Copyright Damages Improvement Act of 1999—penalizes copyright violators up to $150,000 per willful infringement.
“The situation is absurd,” Tenenbaum said. “It was never about the money. It was about creating a scary situation to deter others.”
Often, the accused in copyright infringement cases do not understand the charges against them and cannot afford an attorney, so they pay the amount the RIAA demands without ever reaching court, Nesson said.
“My biggest concern is that [the RIAA] take advantage of a statute written years ago in a way that Congress probably didn’t intend,” said Shubham Mukherjee, a third-year law student assisting Nesson with the case.
The goal of the counterclaim, Nesson said, is to balance the case so both sides can express their views.
“Right now, most people have this mindset that illegal downloading is plain wrong, but we need to look at the actions of the other side, too,” he said.
Although the RIAA does not comment on specific cases, Duckworth said the organization makes “every effort possible to be fair and reasonable.”
“Generally, the music community has had to endure thousands of layoffs and billions of dollars in losses in just a few short years, primarily due to the exact kind of activity in which we found the defendant actively engaging,” she said. The RIAA said that it will file a motion to dismiss Nesson’s counterclaim.
Nesson believes in protecting artists’ properties but believes that there must be a better way to do so.
“The current copyright system is outdated,” Nesson said “The RIAA’s efforts are a legal antique in our digital world.”
[Update Just in time for Christmas! Yay!] On second thought, the RIAA says… never mind.
Bratz™ Dolls Now Punk. Seriously.
November 25, 2008
| Bratz™ Pretty N’ Punk™ |
| The Bratz™ are hitting the home of punk with the most devastatin’ street styles ever, and they are ready to rock! Available in four collectible styles (Cloe™, Yasmin™, Jade™, Meygan™), these girls are showing everybody how to be Pretty ‘N’ Punk™!
Includes: • Bratz™ Pretty N’ Punk™ Doll Features: • Mix ‘n’ Match Fashions Mean Tons of Kickin’ Style Combinations |
In other news, Barbie is now Goth. There is so gonna be a cat fight.
Far: Reunited And It Feels So Good
November 20, 2008
Not only are they back, but they’re busy…
Far has posted a video promoting their upcoming UK tour. The band, which features Jonah Matranga of New End Original, Gratitude and OneLineDrawing will be working their way through the UK next week.
The video as well as tour dates can also be seen here. (source: punknews.org)
Stavesacre Finish New E.P.
November 19, 2008
Yep, it’s true. Stavesacre called it quits about a year and half ago and then… they called, “Take Backs!”
Original member Jeff Bellew - who parted ways with the band a few months before the release of their 3rd album, Speakeasy - rejoined the band six months after the announcement of it’s apparent demise, and balance was restored to the Stavesacre universe. The band started jamming again and decided that making music sounded more interesting than not making music. The result of this decision? The new E.P. “Against The Silence” just recently announced on the band’s myspace page. They’ve posted a new song as well, “The Dash On My Headstone,” and plan to release the full E.P. in early ‘09. More later…
Clouds are “Above You” and… probably near
November 14, 2008
Boston rock band (we’re gonna do our best to resist - most likely, in vain - the term “Stoner Rock” for as long as possible) Clouds are hammering out a pretty impressive tour schedule to wrap up the year in support of their latest release, We Are Above You. (click for a rather flattering review from Lambgoat) The rest of ‘08 will see them on the road with Boris and Growing (who we hope, for their own sakes, isn’t this Growing) once they’ve finished out their dates with Torche, Coliseum and Black Cobra.
w/ Torche and Coliseum
Oct 28 2008 Larimer Lounge Denver, Colorado
Oct 29 2008 Burt’s Tiki Lounge Salt Lake City, Utah
Oct 30 2008 Neurolux Boise, Idaho
Oct 31 2008 El Corazon Seattle, Washington
Nov 1 2008 Satyricon Portland, Oregon
Nov 3 2008 Slim’s San Francisco, California
Nov 4 2008 Safari Sam’s Los Angeles, California * no Torche
Nov 7 2008 924 Gilman Berkeley, California * no Torche
Nov 8 2008 MLK Center Redding, California * no Torche
Nov 10 2008 the Scene w/ the Was Glendale, California * no Torche
Nov 12 2008 the Pharaohs Den Riverside, California w/ Alpha & Omega and Trash Talk
w/ Torche and Black Cobra
Nov 14 2008 Casbah San Diego, California
Nov 15 2008 Spaceland Los Angeles, California
Nov 16 2008 the Phix Gallery Phoenix, Arizona
Nov 17 2008 the Rock(AZ) Tucson, Arizona
Nov 19 2008 Rock Bottom Tattoo Bar San Antonio, Texas
Nov 20 2008 Red 7 Austin, Texas
Nov 21 2008 the Lounge on Elm St. Dallas, Texas
Nov 22 2008 Walters on Washington Houston, Texas
Nov 23 2008 Dragon’s Den New Orleans, Louisiana
Nov 24 2008 the Atlantic Gainesville, Florida
Nov 25 2008 the Backbooth Orlando, Florida
Nov 28 2008 Triple Rock Social Club Minneapolis, Minnesota
Nov 29 2008 Empty Bottle Chicago, Illinois * no Torche
Nov 30 2008 Magic Stick Detroit, Michigan * no Torche
Dec 1 2008 Soundlab Buffalo, New York * no Torche
w/ Boris and Growing
Dec 3 2008 Music Hall of Williamsburg Brooklyn, New York
Dec 4 2008 Otto Bar Baltimore, Maryland
Dec 5 2008 Heirloom Arts Theatre Danbury, Connecticut
Dec 6 2008 the Living Room Providence, Rhode Island
New York Dolls to record new album with Todd Rundgren
November 14, 2008
New York Dolls have reunited with legendary record producer Todd Rundgren to work on their next full length. Rundgren will produce
the Dolls’ new album at his studio on the island of Kauai. Production
is scheduled to start in January 2009.
Todd produced the band’s eponymous full length debut, New York Dolls, released in 1973. The lineup for the Dolls will include founding member, David Johansen (vocals) and Sylvain Sylvain (guitar,
vocals). Original bassist Arthur Kane passed away in July of 2004 and was the subject of a independent documentary, New York Doll.
Video Game Website Names “10 Best Punk Singers”
November 12, 2008
IGN - Synonymous with Animé Hair, Video Game tips and… PUNK ROCK?
What, no Billy Idol?
So… I’m trying to understand why someone would do this, much less do this from the platform of a website that teaches nerds how to cheat on video games and breaks stories about “that one girl in her underwear.” PunkNews (since we basically don’t do any reporting of our own, ’cause… why?) has informed us that IGN (I have no idea what it stands for, but I’m sure it’s wacky and zzzpelled with lotzz of Z’z & X’z! ZOMG! PWNED!) has finally settled an age old debate. Now, thanks to this bastion of Punk Rock ethos, we have a list of the Top 10 Punk Singers!
IGN has published another top list, this one featuring the “10 Great Punk Singers.” The list includes David Vanian from The Damned, Joey Ramone from The Ramones, Greg Graffin from Bad Religion, Henry Rollins of Black Flag, Chad Price of ALL, H.R. from Bad Brains, Blake Schwarzenbach of Jawbreaker, John “Johnny Rotten” Lydon of Sex Pistols, Ari Katz of Lifetime and Glenn Danzig of The Misfits.
The list curiously omits some seemingly obvious choices though, like Joe Strummer, Jello Biafra and is bound to be a little controversial. Still the set includes the list of musicians as well as video performances from each and is worth checking out.
You can check out the list here.
While I respect the attempt, this is a lot like asking a woman when her baby is due. Why would you do it? Joe Strummer, Jello, Ian MacKaye, Shawn Stern, Mike Ness, Fat Mike and so forth… I mean… what? You’re asking people to hate you. This is not an article about Punk Singers, it’s an invitation to contribute to some poor bastard’s self-loathing. C’mon now.
Tegan & Sara respond to Prop. 8
November 12, 2008
Photo by: Autumn De Wilde
Tegan and Sara Sound Off on California’s Prop 8
In their latest blog for Spinner, Tegan And Sara have responded to the passage of the recent anti-gay marriage amendment in California. Though the bill was opposed by many prominent Californians, the bill passed thanks to a strong campaign organized and funded through the Mormon church.
More than just the bill itself, the blog draws attention to the continuing problems with homophobia within the punk and independent music communities:
Although I am grateful for the legislation that has made me “equal” in the eyes of the law, you cannot legislate away people’s disgust or ignorance. You can’t remove the stinging intolerance and slurs of homophobic audience members’ words in my ears.
I am fueled by the idea that my life as a message dismantles the public’s image of gay people as sexual deviants, as less than, as being abnormal.
Check out the blog here.
Social Distortion and Motörhead to headline Musink
November 11, 2008
Social Distortion and Motörhead will be headlining the upcoming Musink Tattoo & Music Festival in Costa Mesa, California. The festival will be a 25-date tour, which takes place from January to March 2009. Official tour dates and many more bands are to be announced soon. .
Dear Premiere Magazine: Please Stop Helping
November 11, 2008
Premiere Magazine says, “Punk’s Not Dead: The 20 Punkest Films”
The burning question on the minds of pretty much everyone, “What determines the ‘Punkness’ of a film?” has apparently been solved by Premiere magazine. Who could have called that? They aren’t sharing the formula (maybe this), just the results. And because we love you, we’re passing it on:
Desperately Seeking Susan.
Dogs In Space.
Roadkill. (Canadian. Don’t worry, none of us have heard of it either.)
And yes, Hackers.
These films were so Punk Rock, that they pushed Another State of Mind and American Hardcore (maybe they haven’t heard of it) out of the picture - not to mention Romper Stomper or American History X. If Angelina Jolie in Body Glove gear is Punk, then what do we do with The Wanderers, The Warriors or the Road Warrior? If you could put Dogs In Space vs. Some Kind of Wonderful on a scale that determines Punk Weight, which one would be heavier? I think that’s a valid question.
Tell you this much: My money’s on The Feral Kid in a boomerang fight with Aiden Quinn all day, any day.
Thoughts?
P.S. J.D. vs. Mark Hunter would be satisfying on many, many levels.
Warner requiring 360 deals from everyone
November 10, 2008
Well…. like we didn’t know this was coming.
Punknews Reporting:
As record labels continue to struggle in the face of file sharing, free music and digital music sales, Warner chief exec Edgar Bronfman explained that all Warner-signed artists will now be required to join in so-called “360 deals.” Under traditional labels, bands are primarily involved with record labels for recording and sales of their albums, but touring, licensing and merch revenues are completely separated from that relationship. Conversely, under the “360 deal,” the label will receive a cut of all those different areas.
It is not completely without justification labels argue, as they are responsible for marketing and promotion of the bands and advertising can boost touring as well as CD sales revenue. Still, the move is particularly controversial since it ties the label and band together so tightly and bands with established touring careers… may be giving up revenue that the label has not really earned, some argue.
In an interview with the label executives who came up with this brilliant and revolutionary idea, it was found that good old fashioned Evil was the motivation.
“Nothing to see here. It’s just what we do. Thanks. No more questions.”
Kings of Leon Headline Dare 2 Dream - Wanna play?
November 1, 2008
Sonicbid is offering a pretty good gig:
On January 24th, 2009, Kings of Leon will headline the Dare 2 Dream benefit concert at the House of Blues Chicago to raise funding and major awareness for pediatric cancer research and treatment. Platform One Entertainment, the organizer of the event, is giving one Sonicbids artist an incredible opportunity to open for Kings of Leon and receive $1,000.00 for travel and hotel accommodations.
The selected artist will perform in front of major local, regional & national media that will reach millions across the country, as well as many music/entertainment industry VIPs. This will be a multi-genre benefit event and they are accepting all genres of music for submission. Platform One Entertainment and Kings of Leon will choose five artists to participate in an online fan vote to determine the winner. Artists should visit www.platform-1.com for more information.
In the U.S. and abroad, Kings of Leon have positioned themselves as one of today’s most popular rock acts. Their new record, Only By The Night, recently debuted in the Top 5 on the U.S. Billboard Top 200 and #1 on the Billboard Digital Albums chart. Rolling Stone says the new record displays “arena-ready largeness” and labels the band “rock heroes”. The band has already performed on major programs such as Saturday Night Live, The Late Show with David Letterman and The Tonight Show with Jay Leno with great acclaim, and has also graced the entire cover of the October 2008 SPIN Magazine. Having already toured with U2, Pearl Jam and Bob Dylan, Kings of Leon has a major North American tour taking place this fall.
Kings of Leon lead singer Caleb Followill exclaims, “The band is excited to play the House of Blues for such a worthy cause. We are all happy to support Dare 2 Dream’s mission to save the lives of countless children.”
Platform One Entertainment is extremely committed to continuing the development and delivery of amazing entertainment events to help benefit and bring meaningful awareness and fundraising to important causes and charities. Platform One also specializes in creating customized 360 degree marketing & artist development campaigns for independent artists and independent labels by bringing years of success working with artists, labels, brands, multimedia (TV, film, print), digital properties, terrestrial/online/satellite radio and numerous other entertainment influencers.
Proceeds from this event will benefit University of Chicago’s state-of-the-art Comer Children’s Hospital that proudly employs teams of pediatric experts who use advanced diagnostic and medical techniques to care for children of all ages.