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Aardvark Daily

New Zealand's longest-running online daily news and commentary publication, now in its 14th year. The opinion pieces presented here are not purported to be fact but reasonable effort is made to ensure accuracy.

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Sticking it to the recording industry

5 February 2010

Like most people, I enjoy listening to music.

Not all music mind -- I have never developed a taste for "country and western" numbers and a lot of the less melodic genres of jazz leave me cold.

What's more, I knew I was getting old when I realised that I now enjoy less than half the music featuring on the top 20. Our parents probably said the same about our bubble-gum pop singles and Black Sabbath albums but it really does seem as if much of the latest stuff is just so "samey" and bland.

However, as I said at the start, I enjoy music. What I don't enjoy is the way that those who have been in control of that music's production and distribution have become so nasty.

Fortunately, it appears as if their long-standing reign as the unchallenged controllers of our music is nearly at an end.

Two events this week have signaled how close we are to seeing the demise of the movie and recording industries' empire.

The first was the victory of Australian ISP iiNet over the movie (and by implication, recording) industry.

The plaintiffs who took iiNet to court alleged that they were party to copyright infringement because the ISP refused to disconnect customers simply on the basis of an accusation.

Hey, that's exactly what Labour was suggesting with its ill-fated Section 92A amendment to the NZ Copyright Act.

Fortunately, the Australian courts saw this ridiculous assault on people's rights for what it was and ruled in favour of iiNet, even awarding them costs.

This has left the studios and the Australian Federation Against Copyright Theft (AFACT) with a severely bruised ego and a small dent in their collective wallets. It has also significantly reduced the chances that these industries will be able to prevail in similar actions they may choose to bring in future -- having set a rather nice precedent in favour of ISPs and consumers.

Naturally AFACT and its funders intend to appeal the decision so it ain't over until the fat lady sings (warning: don't download MP3s of the fat lady singing from a torrent or you'll get sued).

Another headline caught my eye this morning that also adds momentum to the weakening of our recording industry's grip on content.

Kiwi band The Mint Chicks have opted not to renew their contract with Warner Music, preferring instead to hook up with a local online music distributor MusicHy.pe.

Bloody good job boys! Since Warner got all snotty about people "stealing" its music to use in YouTube videos (and refusing to even talk to YT posters about licensing their tracks for that use) I've refused to spend a single solitary cent on music published by Warner.

Now I *can* legally purchase new tracks by The Mint Chicks without compromising my principles - yay!

I sure hope that they do well from this new hook-up and that their success encourages other groups to ditch the big labels (especially Warner) as well.

If people refuse to buy their products and artists refuse to (re)sign then the recording industry (as we now know it) will have no option but to rethink its nasty ways and move into the 21st century.

Let's hope that all this progress isn't utterly derailed by a bunch of politicians, still drunk from schmoozing with movie/record industry moguls, when they release the ACTA legislation.

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