(empo-utoobd) Life is even less easy in Germany - YouTube lost, Grooveshark gone

Over three years ago, I wrote a post that described how YouTube had stopped showing music videos in Germany because of a dispute with GEMA, a German agency collecting music royalties. It turns out that the stoppage was temporary, but the legal fight dragged on. Helen Sventitsky-Rother shared a link to a BBC article with the results of the German court case.

In short, YouTube lost.

A court in Hamburg ruled that YouTube is responsible for the content that users post to the video sharing site.

It wants the video site to install filters that spot when users try to post music clips whose rights are held by royalty collection group, Gema.

In essence, this means that YouTube will have to take longer to review uploaded videos to ensure that they do not violate German law.

The BBC article notes that one company has previously taken action as a result of GEMA:

Music streaming site Grooveshark pulled out of Germany claiming licencing rates set by Gema made it impossible to run a profitable business in the country.

Here is what Grooveshark says about the matter:

Due to the excessive cost of operation, Grooveshark discontinued access from Germany on January 18, 2012.

Feel free to write to us if you have any questions. If you are a premium subscriber, please contact our billing team to arrange a refund for any time remaining on your subscription.

If you'd like to help lower the cost of operation for services like Grooveshark, you can contact GEMA:

Email: gema@gema.de

Postal Mail:
Bayreuther Straße 37
10787 Berlin
Postfach 30 12 40
10722 Berlin

Telephone:
+49 30 21245-00


GEMA has a different view:

Contrary to its statements, the provider Grooveshark did not discontinue its services in Germany due to disproportionately high operating expenses.

The fact is, as a service provider Grooveshark fundamentally refuses to pay compensation in any shape or form at all for the service. As of this writing, Grooveshark has also not contacted GEMA in any way.

After detailing the many lawsuits against Grooveshark and other issues, GEMA concludes as follows:

If you as a user of Grooveshark have suffered any monetary damages, please contact the provider of this service directly with your complaints:

http://www.grooveshark.com/about
http://twitter.com/#!/grooveshark

It took me a while to find this statement. I searched the GEMA website, but was told that search was not working.

Perhaps Google can help GEMA with that. Or not.

(empo-utoobd) Enjoying Lena Katina without relying on the service that permanently disabled me

Lena Katina's new song "Never Forget," courtesy PopCrush.

(empo-tymshft) (empo-utoobd) Peaches, Herb, Simon, Nick, the Taylors, and Justin?

I heard Duran Duran's songs when they first came out, but some people weren't around at the time. When THEPRANKCALLERS94 posted "Union of the Snake" to YouTube, commenter HazelEyedEpiphany offered the following observations:

omfg! i remembe the first time i heard this was on the radio a few years before all this justin bieber crap, and i never knew the name of the song! :( yesterday my friend was telling me about her mom's favorite band when she was a tween, i looked them up and...REUNITED AND IT FEELS SO GOOD!!!!

It should be noted that the final phrase is a quote from a 1970s song that predates Duran Duran, but has obviously entered our musical consciousness.

Speaking of Herb (real name Herb Feemster, stage name Herb Fame), he became a court security officer in 1986 and hasn't looked back. Well, not much.

"I come here to work," he says during an interview in an empty courtroom. "I really enjoy coming to the court every day. I enjoy the people here; I smile and laugh with them every day. And I enjoy standing in the court and listening to these trials."

Or:

Some entertainers hire bodyguards; Feemster is more or less working as one, as his duties include judicial personnel protection. He carries a Glock and two extra magazines on his belt, and if you want to make a No. 1-with-a-bullet joke, well, by all means.

I think I'll pass on making that joke. And I won't make that joke with Peaches, either - Francine Barker passed away in 2005.

(empo-utoobd) Q: Are we not Akon YouTube? A: We are AkonVEVO

I was involved in a Facebook conversation about such antiquated concepts as LPs, and in the course of the conversation I referenced my August 12, 2008 post about the Akon song "Lonely." The post includes the following text:

Universal Music has provided the video on YouTube. However, embedding is disabled, so you'll have to go here to see it.

But when I follow the link that I provided in the original post, YouTube presents the message

This video has been removed by the user.

The video, still non-embeddable, has been moved to http://www.youtube.com/watch?v=6EEW-9NDM5k, which is labeled as part of "AkonVEVO."

I mentioned VEVO previously in this blog (in the context of YouTube's 2009 disagreements in Britain and Germany), but I haven't really talked about the WHY of VEVO. Luckily, Mashable posted something in December 2009 that made up for the shortcomings of my coverage:

VEVO will host most of YouTube (YouTube)’s music videos (85 percent of them, actually), including ones from EMI, Sony Music and Universal....

VEVO will manage all ad sales

- The music video site is focusing on getting rid of duplicate videos. If you have ever browsed YouTube, you’ll find that many music videos do, in fact, have duplicates.

- VEVO will not launch with HD. That will come out next year.

- Now this is awesome: VEVO includes synchronized and integrated lyrics.

But YouTube and the music companies didn't create VEVO out of an altruistic desire to provide synchronized and integrated lyrics to the people. No, the key words here are "duplicate videos" and "ad sales." Basically, the idea is to centralize videos in a central location so that YouTube and the music companies can control the ad revenue.

And there is also a vevo.com website. However, I don't know if I am allowed to register with it, since YouTube has seen it to permanently disable my account without explanation.

Oh, and you may not be allowed to register with vevo.com, either:

By using the Site, you represent, warrant and covenant that (a) you are 13 years of age or older and (i) reside in the United States of America, its territories and possessions (the “U.S.”) or (ii) reside in Canada and, if you are a minor, you have obtained your parent or guardian’s consent to use the Site in accordance with these Terms of Use; (b) your use of the Site does not violate any applicable law, rule or regulation; and (c) all registration information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. If you provide information that is untrue, inaccurate, not current or incomplete, or VEVO suspects that such information is untrue, inaccurate, not current or incomplete, VEVO has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Site (or any portion thereof), in its sole discretion. If you reside in Canada, you further acknowledge and agree that the Site is operated exclusively from, and is being provided solely in accordance with, the laws of the United States. The laws of the United States may differ from those of Canada. Please ensure that you are comfortable with these differences before accessing and using the Site.

In other words, No Irish Need Apply. Or anyone from most other countries in the world, for that matter.

But if we're going to talk about Akon, we have to talk about Bobby Vinton. Bobby's website includes tour dates; here's what it says for Vinton's future dates:

May 8, 2010 Bryant, IN Bearcreek Farms
May 10 & 11, 2010 Oakbrook Terrace IL. Drury Lane Oakbrook
June 12, 2010 Las Vegas, NV Cannery Casino & Hotel
August 12, 2010 Plantsville CT, Aqua Turf Club The Flyer
August 14, 2010 FOXWOOD Casino & Resort Connecticut
August 26, 2010 Toronto, Canada Bandshell Park
September 25, 2010 Manistee, MI Little River Casino & Resort
November 12 & 13, 2020 Chandler AZ, Wild Horse Pass Resort & Casino

I'm assuming the last one is a typo, but maybe he IS booked for a show ten years from now.

P.S. for those who noticed the significance of the post title - yes, Devo has been "Fresh" on my mind. And doesn't "Akon" look a little bit like "Akron"?

Here's a video of Devo performing "Fresh" at SXSW 2009. It's not on VEVO.

Navigating the new rules and non-rules of online music use

I am featured in a video that is available on YouTube. However, I am not posting the video in this blog post, for two reasons.

First, my link to the video would violate the privacy of the person who uploaded the video.

Second, if you were to view the video, your visions of me as an extremely dignified person would be shattered. You see, the video was filmed this summer at the apartment complex where I grew up. The film shows me walking away from the apartment, crossing the street, and walking to the playground - but when I get to the playground, I jump up and down like a loonybird and run to the playground equipment. (The video closes with a sign noting that the playground is only intended for children age 10 and under.)

The interesting part is that the videographer chose to use Louis Armstrong's "What a Wonderful World" as background music. (Personally, I would have chosen Madonna's "This Used to Be My Playground," but this is the videographer's prerogative.) Within a day of the video being uploaded, YouTube had inserted an Amazon/iTunes advertisement for the song below the video.

This suggests some interesting things that could be done. Should my YouTube rights ever be reinstated, perhaps I should make my own video, but choose the worst possible background music for the video, just so YouTube will advertise the ability to purchase it.

Feelings. Woah woah woah.

Proving someone's point, I guess - "Won't Get Fooled Again" unavailable on MTV website

I just wrote a post in my Empoprise-BI business blog entitled Meet the new boss, same as the old boss - Tara and Steven, the new middlemen may be worse than the old. Most of you will probably recognize the beginning of the post title; it's a quote from the Who song "Won't Get Fooled Again."

In an effort to spice up things, I figured I'd find a video of the song. Because of my troubles with YouTube, I figured I'd check out what MTV had to offer. So I searched and I found a live performance of the song.

Only one problem - when I tried to play the video, I instead got the message

We're sorry, this video isn't available now. We're doing our best to bring it back.

I don't know if the old boss or the new boss is to blame, but it figures that this song would be blocked by somebody.

So, until gawlerpete's account is permanently disabled, let's go to YouTube.