Posts Tagged ‘greed’

11
Sep

Bipolar Diagnoses Skyrocket in Children

   Posted by: AUDIOMIND   in Random

http://www.charlotte.com/171/story/262529.html


The diagnosis of bipolar disorder in children and adolescents has risen fortyfold since 1994, according to a new study released Monday. But researchers partly attributed the dramatic rise to doctors overdiagnosing the serious psychiatric disorder.

The report in the journal Archives of General Psychiatry said bipolar disorder was found in 1,003 of every 100,000 office visits from children and adolescents in 2002-03, compared with 25 of 100,000 office visits in 1994-95.

The diagnosis of bipolar disorder among adults increased twofold during the same period.

The study didn’t investigate the reasons for the explosion in bipolar cases among children and adolescents, which began after the 1998 publication of “The Bipolar Child,” which made the controversial assertion that one-third to one-half of children with depression had bipolar disorder.

Dr. Mark Olfson , a psychiatrist at Columbia University’s College of Physicians and Surgeons and senior author of the latest study, said part of the increase can be attributed to an underdiagnosis of bipolar disorder in the past.

But Olfson said another reason was the mislabeling of children and adolescents with aggressive or irritable behaviors as bipolar, an illness treated with powerful psychotropic medications.

Dr. Thomas Insel , director of the National Institute of Mental Health, which funded the study, called the increase in bipolar diagnoses worrisome.

The disorder “is probably not as common as the very high rates we’re seeing,” Insel said.

Bipolar disorder’s symptoms can interfere with daily activities. Severe cases carry a risk of suicide.

Among children and adolescents, boys were more likely to be diagnosed with bipolar disorder, the latest study found. Among adults, the illness is more common in women.

Olfson said the gender difference between the groups suggested that some boys with behavior problems or conduct disorders were being misdiagnosed. Irritability is a characteristic of bipolar disorder, he said, but it also is a normal part of adolescence.

Why am I not surprised?

A little background first…..

Kurt Hanson’s Radio Internet Newsletter has an analysis of the new royalty rates for Internet Radio announced by the US Copyright Office. The decision is likely to put most internet radio stations out of business by making the cost of broadcasting much higher than revenues.

Quote:

“The Copyright Royalty Board is rejecting all of the arguments made by Webcasters and instead adopting the ‘per play’ rate proposal put forth by SoundExchange (a digital music fee collection body created by the RIAA)…[The] math suggests that the royalty rate decision — for the performance alone, not even including composers’ royalties! — is in the in the ballpark of 100% or more of total revenues.”
http://www.kurthanson.com/archive/news/030207/index.shtml

—————————->>

A Forbes article discussing the dire news for fans of Internet radio. Yesterday afternoon saw online broadcasters, everyone from giants like Clear Channel and National Public Radio to small-fry internet concerns, arguing their case before the Copyright Royalty Board (CRB). The CRB’s March 2nd decision to increase the fees associated with online music broadcasting will have harsh repercussions for those who engage in the activity, the panel was told.

There was also a previous provision for smaller companies that allowed them to pay less, something the March 2 decision did away with; in the view of the royalty holders, advertising more than pays for these fees, and they’re ready for higher payments.

Quote:

“Under a previous arrangement, which expired at the end of 2005, broadcasters and online companies such as Yahoo Inc. and Time Warner Inc.’s AOL unit could pay royalties based on estimates of how many songs were played over a given period of time, or a ‘tuning hour,’ as opposed to counting every single song … [They] also asked the judges to clarify a $500 annual fee per broadcasting channel, saying that with some online companies offering many thousands of listening options, counting each one as a separate channel could lead to huge fees for online broadcasters.”
http://www.forbes.com/feeds/ap/2007/03/19/ap3531170.html

—————————>>

The Copyright Royalty Board formally rejects a request to reconsider its March decision to impose an onerous royalty schedule on Internet radio broadcasters.

Quote:

“None of the moving parties have [sic] made a sufficient showing of new evidence or clear error or manifest injustice that would warrant rehearing,” wrote the CRB in its decision.”

The recording industry (RIAA hordes) and its royalty collection organization SoundExchange are jubilant over the ruling, as you can imagine.

Quote:

“Our artists and labels look forward to working with the Internet radio industry, large and small, commercial and noncommercial, so that together we can ensure it succeeds as a place where great music is available to music lovers of all genres,” said SoundExchange head Simson in a statement.
http://arstechnica.com/news.ars/post/20070416-internet-radio-dealt-severe-blow-as-copyright-board-rejects-appeal.html

Noble words, but after today’s ruling, which will take effect on May 15 unless the US Court of Appeals for the District of Columbia Circuit agrees to hear an appeal, there probably won’t be much of an Internet radio industry left for SoundExchange to work with.

——————————>>

PLEASE HELP TO KEEP INTERNET RADIO ALIVE

This decision has the very real potential to force the closure of a wide realm of online webcasting sources that have significantly impacted the growth and development of independent roots music across all genres. To lose this avenue of promotion and support for roots based music could be potentially devastating with respect not only to its financial impact on the industry, but to its cultural survival.

http://www.musicdish.com/mag/?id=11693
http://www.petitiononline.com/SIR2007r/petition.html
http://www.saveourinternetradio.com/

Isn’t it past time that we burn the RIAA/MPAA houses down? ISN’T IT?!?!?

Record Store Owners Blame RIAA For Destroying Music Industry

DESPITE the major record labels’ best efforts to kill it, the single, according to recent reports, is back. Sort of.

You’ll still have a hard time finding vinyl 45s or their modern counterpart, CD singles, in record stores. For that matter, you’ll have a tough time finding record stores. Today’s single is an individual track downloaded online from legal sites like iTunes or eMusic, or the multiple illegal sites that cater to less scrupulous music lovers. The album, or collection of songs — the de facto way to buy pop music for the last 40 years — is suddenly looking old-fashioned. And the record store itself is going the way of the shoehorn.

This is a far cry from the musical landscape that existed when we opened an independent CD shop on the Upper West Side of Manhattan in 1993. At the time, we figured that as far as business ventures went, ours was relatively safe. People would always go to stores to buy music. Right? Of course, back then there were also only two ringtones to choose from — “riiiiinnng” and “ring-ring.”

Our intention was to offer a haven for all kinds of music lovers and obsessives, a shop that catered not only to the casual record buyer (“Do you have the new Sarah McLachlan and … uh … is there a Beatles greatest hits CD?”) but to the fan and oft-maligned serious collector (“Can you get the Japanese pressing of ‘Kinda Kinks’? I believe they used the rare mono mixes”). Fourteen years later, it’s clear just how wrong our assumptions were. Our little shop closed its doors at the end of 2005.

The sad thing is that CDs and downloads could have coexisted peacefully and profitably. The current state of affairs is largely the result of shortsightedness and boneheadedness by the major record labels and the Recording Industry Association of America, who managed to achieve the opposite of everything they wanted in trying to keep the music business prospering. The association is like a gardener who tried to rid his lawn of weeds and wound up killing the trees instead.

In the late ’90s, our business, and the music retail business in general, was booming. Enter Napster, the granddaddy of illegal download sites. How did the major record labels react? By continuing their campaign to eliminate the comparatively unprofitable CD single, raising list prices on album-length CDs to $18 or $19 and promoting artists like the Backstreet Boys and Britney Spears — whose strength was single songs, not albums. The result was a lot of unhappy customers, who blamed retailers like us for the dearth of singles and the high prices.

The recording industry association saw the threat that illegal downloads would pose to CD sales. But rather than working with Napster, it tried to sue the company out of existence — which was like thinking you’ve killed all the roaches in your apartment because you squashed the one you saw in the kitchen. More illegal download sites cropped up faster than the association’s lawyers could say “cease and desist.”

By 2002, it was clear that downloading was affecting music retail stores like ours. Our regulars weren’t coming in as often, and when they did, they weren’t buying as much. Our impulse-buy weekend customers were staying away altogether. And it wasn’t just the independent stores; even big chains like Tower and Musicland were struggling.

Something had to be done to save the record store, a place where hard-core music fans worked, shopped and kibitzed — and, not incidentally, kept the music business’s engine chugging in good times and in lean. Who but these loyalists was going to buy the umpteenth Elton John hits compilation that the major labels were foisting upon them?

But instead, those labels delivered the death blow to the record store as we know it by getting in bed with soulless chain stores like Best Buy and Wal-Mart. These “big boxes” were given exclusive tracks to put on new CDs and, to add insult to injury, they could sell them for less than our wholesale cost. They didn’t care if they didn’t make any money on CD sales. Because, ideally, the person who came in to get the new Eagles release with exclusive bonus material would also decide to pick up a high-speed blender that frappéed.

The jig was up. It didn’t matter that even a store as small as ours carried hundreds of titles you’d never see at Best Buy and was staffed by people who actually knew who Van Morrison was, or that Tower Records had the entire history of recorded music under one roof while Costco didn’t carry much more than the current hits. A year after our shop closed, Tower went out of business — something that would have been unthinkable just a few years earlier. The customers who had grudgingly come to trust our opinions made the move to online shopping or lost interest in buying music altogether. Some of the most loyal fans had been soured into denying themselves the music they loved.

Meanwhile, the recording industry association continues to give the impression that it’s doing something by occasionally threatening to sue college students who share their record collections online. But apart from scaring the dickens out of a few dozen kids, that’s just an amusing sideshow. They’re not fighting a war any more than the folks who put on Civil War regalia and re-enact the Battle of Gettysburg are.

The major labels wanted to kill the single. Instead they killed the album. The association wanted to kill Napster. Instead it killed the compact disc. And today it’s not just record stores that are in trouble, but the labels themselves, now belatedly embracing the Internet revolution without having quite figured out how to make it pay.

At this point, it may be too late to win back disgruntled music lovers no matter what they do. As one music industry lawyer, Ken Hertz, said recently, “The consumer’s conscience, which is all we had left, that’s gone, too.”

It’s tempting for us to gloat. By worrying more about quarterly profits than the bigger picture, by protecting their short-term interests without thinking about how to survive and prosper in the long run, record-industry bigwigs have got what was coming to them. It’s a disaster they brought upon themselves.

We would be gloating, but for the fact that the occupation we planned on spending our working lives at is rapidly becoming obsolete. And that loss hits us hard — not just as music retailers, but as music fans.

***********

What the music industry should have done is realized that the individual “value” of their product was going down and reduced their prices accordingly to compete. That is what the rest of the competitive enterprising world does. They didnt, because they forgot that they were serving the customer music…….not the gatekeeper of music.. Those days are over…

The internet is not your competitor.

The market changed. There’s no guarantee that says people with middleman jobs (those persons that try to add value by standing between the producer of a good or service and the consumer of that good or service) will have a job forever, even if it seems likely to them. Markets change. People change. For many reasons, some of them you may be in sympathy with, some of them not.

Further, there’s no law chiseled in stone that proclaims a musician’s right to live off album sales. Musicians historically have lived by the largesse of wealthy patrons. Selling sheet music, performances, and recordings yield a certain level of income but for the average musician who is not a star, it needs to be supplemented by teaching, whoring (i.e., playing for weddings/birthdays/after-parties), building and repairing instruments, or a part or full-time job washing dishes, working at a music store, etc.

There’s also no law that says a CD which cost about $0.50 to stamp out has to sell for $15. Cut the prices back to $5 or $8 per disk and you’ll see sales shoot right up. Record albums used to sell for $4 or $5 back in the day, then tapes came along and bumped the price up to about $10 or $12, and then CDs went through the roof. OK already, if a CD *player* now costs around $20 why are disks still so damn expensive?

The amount of money musicians see from a CD sale is vanishing, especially when a middleman has done the production, mastering or promotion work. Do you honestly believe that out of that $15 (or $12 or $18 or….) the musician will be receiving more than $0.25 or $0.50 per copy? Typically not. If you self-produce, as less well-known musicians are forced to do, you’ll have to front about $20,000 in studio time, design, copying and printing expenses, and it takes a long time to make that kind of money back from sales, let alone start to turn a profit. Disks are really a calling card, a way of getting your name out there and popularizing your music rather than some kind of bread-and-butter solid income the RIAA (mafiaa) makes it out to be. Sure, a nationally known act with a dozen recordings out is going to be making some income from record sales but the lion’s share is still going to middlemen.

Because of this situation, I think it makes more sense to simply upload your music and get the public listening to it, then ask these same people to pay to hear you play live. People have long demonstrated that they will pay for great music either live or recorded. There were people making thousands of dollars a month on mp3.com, though most of the musicians there were amateurs. Yet, mp3.com had an interesting business model and I’m very sorry it got bought out.

The RIAA is living in a time warp. It’s no longer possible to monopolize sound waves. Even twenty-five years ago, we became used to constantly taping each other’s records, albums, tapes and even music on the radio. No one was rich enough or crazy enough to purchase every single must-have album out there, even though we all wanted to. So now that we have a much better music delivery system that very quickly distributes music out to millions of people all over the world–let’s take advantage of it and the money will follow. Apple, CDBaby, mp3.com–were thinking creatively and sooner or later a business model will emerge that leverages the current technology and gives musicians back some remuneration for their efforts.

Music isn’t dead, and it isn’t going to die. Let’s face it – as musicians, as listeners – the producers and consumers – we’re going to be fine. As musicians, maybe we’ll have to move to a different distribution model, and maybe it’ll be different as to how one moves to the top of the heap. It’ll still depend on your music to some degree (too bad it isn’t 100%), though…..maybe moreso. As consumers, maybe we’ll have to enhance our searching skills to find stuff we like. Surely the radio hasn’t been a good source for anything but the crassest pop and bottomfeeder “repeat it until it sucks” marketing mechanisms for years….so personally, I look forward to changes in the musical landscape. As for the middlemen, things change. Maybe you’ll have to close your music studio or record store. No sign of that yet for some, but OTOH, you can buy mixing and recording equipment for a fraction of what it used to cost, a rack-mount mastering unit that can really do a very good job……but all in all there are no guarantees for the middleman. Not in music, not in written material, and certainly not in video. If you find a niche and you can make it work, my hat is off to you. If it stops working though, it is you that needs to change – because sniveling about how you thought you’d be able to “spend your life” doing something ‘great’, is just a bit pathetic.

Why oh Why do these zombies wait in huge lines to purchase a Sony PS3, which (insanely) cost well over $600, especially after all the anti-consumer shit Sony (one of the leading members of the RIAA) has been an integral part of (while continuing to be, as well)? Why oh Why do these idiots pay 3x as much for a PS3 (on ebay) considering all the corruption below?

Considering these corrupt schemes and anti-consumer practices I’d be very surprised if can you still sit there and tell me that you believe they deserve a single red cent of your hard-earned $$$ (and these tidbits are just the tip of the iceberg):

The DVD War Against Consumers
(Makers of new DVD players are going too far in copyright protection efforts.)
http://www.businessweek.com/technology/content/may2006/tc20060526_680075.htm?campaign_id=rss_tech

Recording Industry vs The People
(Devoted to the RIAA’s lawsuits of intimidation brought against ordinary working people.)
http://info.riaalawsuits.us/documents.htm#SONY_v_Arellanes
http://recordingindustryvspeople.blogspot.com/2006/10/court-refuses-to-allow-riaa-access-to.html

Sony BMG Litigation Info
(By including a flawed and overreaching computer program in millions of music CDs sold to the public, Sony BMG has created serious security, privacy and consumer protection problems that have damaged music lovers everywhere.)
http://www.eff.org/IP/DRM/Sony-BMG/
http://en.wikipedia.org/wiki/2005_Sony_BMG_CD_copy_protection_scandal

Sony anti-customer technology roundup and time-line
http://www.boingboing.net/2005/11/14/sony_anticustomer_te.html
http://www.wired.com/news/digiwood/0,1412,69559,00.html

SONY SETTLES PAYOLA INVESTIGATION
http://www.oag.state.ny.us/press/2005/jul/jul25a_05.html
http://en.wikipedia.org/wiki/Payola

Sony shuts down Lik-Sang (extreme popular Chinese gamer resource)
http://www.lunabean.com/news/20061024_sony_shuts_down_lik_sang.php
http://lik-sang.com/

RIAA v. The People
Tired of being treated like a criminal for sharing music online? In July 2003, the Recording Industry Association of America (RIAA) announced it would begin gathering evidence that will be used to sue individuals who use file-sharing software.
http://www.eff.org/IP/P2P/riaa-v-thepeople.php

States settle CD price-fixing case and anti-trust violations
http://www.usatoday.com/life/music/news/2002-09-30-cd-settlement_x.htm
http://www.ftc.gov/os/2000/09/musicstatement.htm
http://www.musiccdsettlement.com/english/default.htm

……and just recently….
DOJ Investigating Sony for RAM Price-fixing
http://www.betanews.com/article/DOJ_Investigating_Sony_for_RAM_Pricefixing/1162328915

DOES SONY REALLY DESERVE YOUR ACKNOWLEDGMENT MUCH LESS YOUR $$$???



8
Nov

The BIG DRM (digital rights management) mistake

   Posted by: AUDIOMIND   in Random

What are the lessons to learn from DRM?

  • 1. DRM hurts paying customers
  • Customers have paid for the texts/pictures/music/movies they purchased, and they expect to be able to use them as they’d like. You can argue that they’re not really buying the content, they’re just buying licenses for that content, but that argument, while technically legal, is facile and doesn’t take into account how real human beings think. When a normal person buys a song, he considers it his … after all, he just paid for it!

    Intelligent people can disagree about the economic impact of file sharing – it seems pretty clear to me that it actually encourages sales and awareness of movies, music, and other content – but that’s not what I’m talking about here. I’m talking about moving pictures and movies between devices, about transferring files between the many computers I own, and about changing formats as I please.

    When you finally realize that you can’t perform a Fair Use action you previously were capable of you feel like a sucker, you feel ripped off – a sucker that has been conned by the same people to whom you willingly gave your money.

  • 2. DRM destroys Fair Use rights
  • … unless the consumer is willing to break the law. Thanks to the wonderful DMCA, it’s illegal for anyone to break the DRM protecting a file, no matter how trivial it might be to do so, in order to exercise the Fair Use Rights that are legally granted to American citizens. Rick Boucher, a Representative in Congress who actually “gets it,” had this to say about the DMCA and Fair Use in 2002:

    “… section 1201 of the DMCA … created the new crime of circumvention. Section 1201 (a)(1), for example, prohibits unauthorized access to a work by circumventing an effective technological protection measure used by a copyright owner to control access to a copyrighted work. Because the law does not limit its application to circumvention for the purpose of infringing a copyright, all types of traditionally accepted activities may be at risk. Any action of circumvention without the consent of the copyright owner is made criminal.”

    So even though a Fair Use exemption is granted for “nonprofit educational purposes,” most NP can’t really exercise that legal right since it would require the commission of a felony to do so. Other uses of Fair Use include, and I’m quoting from the United States Copyright Office, “criticism, comment, news reporting, teaching, scholarship, and research.” DRM means that Fair Use for the file protected via DRM is at the whim of the file’s creator, which flies in the face of the whole idea of Fair Use. We shouldn’t have to beg for our Fair Use rights, since that’s the whole point of Fair Use!

  • 3. DRM renders customers’ investments worthless
  • DRM means that any investment in most DRM crippled material will one day be completely worthless.

    TiVo is a different matter, since it’s essentially a closed box (although there are ways to get around that). In this, we need to trust that TiVo will not use a forced upgrade to further decrease functionality that was there when the machine was originally purchased. Seeing that the company has already done this once, by adding support for a type of broadcast flag that limits timeshifting, I don’t have high hopes that TiVo will do the right thing. Hello, MythTV.

    I feel especially sorry for the people that have spent hundreds or even thousands of dollars at the iTunes Music Store. What happens when Apple downgrades iTunes again, further limiting what users can do with the songs they’ve purchased? What happens in five years, when Apple moves on to another format? What happens to your music collection when the iPod is no longer the de facto standard, and you want to switch to a new portable player? How are you going to get your encrypted AAC files to play on that new device, with something approaching the same level of quality?

    DRM means that you have no control over the files on your computer. You can only do what the company supplying you with the DRM’d files want you to do.

  • 4. DRM can be defeated
  • It may take some time, but all DRM can be defeated. Or rather, as Chris Anderson, the thinker and writer behind The Long Tail contends, “Any protection technology that is really difficult to crack is probably too cumbersome to be accepted by consumers.” And anything that is not that cumbersome can be defeated (although so-called “Trusted Computing” is going to make that process a lot harder … but I think it will eventually be overcome by those determined to get around it). Cory Doctorow put it best when he explained that the only way that DRM can work is if all of the following conditions are met:

    * Every copy of the song circulated, from the recording studio to the record store, had strong DRM on it
    * No analog to digital converters were available to anyone, anywhere in world, who might have an interest in breaking the DRM (since you can just avoid the DRM by … taking the analog output off the player and re-digitizing the song in an open format)
    * Peer-to-peer networks ceased to exist
    * Search engines ceased to index file-sharing sites
    * No “small worlds” file-sharing tools were in circulation

    Although Cory is talking about music here, the same principles apply to any kind of file that can be protected with DRM. Even if Trusted Computing and Microsoft’s vision of DRM’d Word documents and emails comes to fruition, if it’s hot enough to protect, it’s hot enough for someone looking at it – and someone does need to eventually look at it, or how can it be used? – to copy it by hand.

    Of course, some might argue that it’s enough that the average Joe can’t break the DRM. If that’s true, then why use DRM? What’s the goal? If the goal is to prevent all unauthorized copies from being made and circulated, then it isn’t enough to put up roadblocks; you must seek to lock down your “content” (as a writer, I hate that word) completely. If the goal is just to frustrate users, then why use DRM at all, since you must realize that un-DRM’d copies of your materials are going to circulate? And even if Joe can’t break the DRM, he’ll eventually figure out how to use a P2P network, or ask his nerd friend for help, and then you’ve got another unauthorized copy and an upset and now more knowledgeable former customer. What publisher wants that?

    DRM has wormed its way into the imaginations of Hollywood, the RIAA, and publishers, and they in turn have convinced the computer industry (who, it must be admitted, needed little convincing) that DRM must be applied and supported throughout their products. To the **AAs, I’m sure that DRM made lots of sense. In reality, though, it doesn’t. DRM has angered the customer base (and most others), eviscerated my Fair Use rights, ultimately rendered the money I spent moot, and it can still be copied anyway! Where does that leave the publisher? It sounds to me like we were both – consumer and publisher – sold a bill of goods.

    Welcome to the future, even if it isn’t so bright……

    24
    Apr

    LJ becomes the thing you Hate?

       Posted by: AUDIOMIND   in Random

    LiveJournal recently introduced ads on some pages for free users who wish to ‘upgrade’ their membership. More interestingly, they also added a new restriction to their TOS (XVI 17 b.) banning users from using or providing ad-blocking software. The new TOS also permits them to immediately terminate the account of anyone they catch doing this.

    http://news.livejournal.com/91919.html
    http://www.livejournal.com/legal/tos.bml

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