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Google shuts down music blogs without warning
Chinita Date: Sunday, 14/Feb/10, 3:08 PM | Message # 1

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Google shuts down music blogs without warning
Bloggers told they have violated terms without further explanation, as years of archives are wiped off the internet

In what critics are calling "musicblogocide 2010", Google has deleted at least six popular music blogs that it claims violated copyright law. These sites, hosted by Google's Blogger and Blogspot services, received notices only after their sites – and years of archives – were wiped from the internet.

"We'd like to inform you that we've received another complaint regarding your blog," begins the cheerful letter received by each of the owners of Pop Tarts, Masala, I Rock Cleveland, To Die By Your Side, It's a Rap and Living Ears. All of these are music-blogs – sites that write about music and post MP3s of what they are discussing. "Upon review of your account, we've noted that your blog has repeatedly violated Blogger's Terms of Service ... [and] we've been forced to remove your blog. Thank you for your understanding."

Jolly as Google may be, none of the bloggers who received these notices are "understanding" in the least. Although such sites once operated on the internet's fringes, almost exclusively posting songs without permission, many blogs are now wined, dined and even paid (via advertising) by record labels. After the success of blog-buzzy acts such as Arcade Fire, Lily Allen and Vampire Weekend, entire PR firms are dedicated to courting armchair DJs and amateur critics.

Despite the de facto alliance between labels and blogs, not all of the record companies' legal teams have received the message. In a complaint posted to Google Support, Bill Lipold, the owner of I Rock Cleveland, cited four cases in the past year when he had received copyright violation notices for songs he was legally entitled to post. Tracks by Jay Reatard, Nadja, BLK JKS and Spindrift all attracted complaints under the USA's Digital Millennium Copyright Act, even when the respective MP3s were official promo tracks. As a publicist for BLK JKS' label, Secretly Canadian, told Lipold: "Apparently DMCA operate on their own set of odd rules, as they even requested that the BLK JKS' official blog remove the song." It's not clear who "DMCA" is in this case, as the act does not defend itself.

"I assure you that everything I've posted for, let's say, the past two years, has either been provided by a promotional company, came directly from the record label, or came directly from the artist," Lipold wrote to Google.
The company's first official response came only late yesterday, as #Musicblogocide2k10 sped up Twitter's trending charts. "When we receive multiple DMCA complaints about the same blog, and have no indication that the offending content is being used in an authorised manner, we will remove the blog," explained product manager Rick Klau. "[If] this is the result of miscommunication by staff at the record label, or confusion over which MP3s are 'official' ... it is imperative that you file a DMCA counter-claim so we know you have the right to the music in question."

The trouble with filing a formal, legal DMCA counter-claim is, that most bloggers don't know how. What's more, many of Blogger's DMCA notices allegedly omit the name of the offending song. Bloggers aren't even sure what they are denying.
Take the case of Masala, co-founded by Guillaume Decouflet in mid-2005. Together with his partners, Decouflet has introduced hundreds of thousands of readers to underground genres such as kuduro and funk carioca. Masala's writers weren't typical music bloggers, waxing lyrical about Neon Indian and the new Phoenix remix: mostly DJs, they shared South African electronica, Japanese dancehall, UK funky and Senegalese hip-hop. "We haven't been posting any Whitney Houston or anything," Decouflet explained. He only recalls receiving one DMCA notice – ever – from Blogger. As this email did not name the offending song, he says he doesn't know what caused the complaint. Masala's bloggers responded to Google's email, Decouflet insists, but never heard back. That is, until their entire site – and more than four years of archives – were deleted this week.

"It's just sad because we were documenting young people's music from all around the globe," Decouflet said. "For a lot of people, it was music they wouldn't have been able to discover elsewhere." Decouflet is now trying to "salvage" the Masala archive, using Google's own Reader tool to dig up old posts. Other banished blogs have taken similar steps. Living Ears, It's a Rap and Pop Tarts have relaunched at new URLs, generally without any older material.

Not all music blogs are as innocent as I Love Cleveland and Masala. Although the majority of bloggers share only single songs, showing particular affection for the obscure and out of print, some blogs are the most banal sort of pirates – offering links to download entire new releases. However, these sites are ostracised by the blogging mainstream, left off aggregators such as the Hype Machine. No one protests when Google quietly removes their Blogspot accounts and yet ironically, amid the "musicblogocide", dozens of these still remain online.

The two largest Blogspot-hosted music blogs, Gorilla vs Bear and My Old Kentucky Home, show no sign of being affected, although they will still find these developments alarming. "I don't post anything that's not approved, and obviously nothing on major labels," said Gorilla vs Bear's Chris Cantalini. "But apparently that doesn't matter in some of these cases."

In a press release last year, Google seemed to recognise this distinction, announcing a new policy vis-a-vis music bloggers. From now on, it wrote, DMCA notices would not result in the instant deletion of offending blogs. Instead, individual posts would be temporarily removed, with a prominent notice to help bloggers respond to the allegations. "Music bloggers are a large segment of our users – and we know that for those who've received one or more DMCA complaints in the past, this may have been a frustrating experience," Klau wrote in August. Almost six months later, the experience doesn't appear to have become any less frustrating.

Decouflet sounds weary. "Google is treating bloggers like Big Brother," he said. "Shoot first, ask questions after."


Chinita Date: Sunday, 14/Feb/10, 3:11 PM | Message # 2

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kevn nothingham's site was shut this morning...here is what he posted on his site after he was able to recover it

There’s been a lot of shit going around in the blogosphere this past week in regards to websites getting shut down and/or deleted. What’s being dubbed as “Musicblogocide 2010,” those sites that run on Google’s blogger (or blogspot) platform are being deleted without warning [full details here]. Thomas and I actually had a discussion about this last week when he asked me if we should be worried. Since I’m the “techie” guy on the site, I knew that Google could not delete our account because we do not use blogspot. I told Thomas that if anyone wanted to shut our site down, they would have to find out who our hosting provider is and contact them directly. In addition, I was not worried anyway because we do not post illegal content on our site (at least illegal in the sense that I am aware of). This site is built off of promoting hip hop and we would never take any money away from any artist or a label by posting something that is available for purchase elsewhere.

And here’s where it gets interesting…

This morning I receive the following email from our web hosting provider:

We have received a formal DMCA (Digital Millennium Copyright Act) notice
regarding allegedly infringing content hosted on your site. The specific
content in question is as follows:
(from DMCA notification)

Your website is distributing works by, or under
license
of Stones Throw Records LLC. The following pages must be removed
immediately:

j-dilla-soulful-genius-library-of-a-le
j-dilla-instrumental-beats/

The works include MOVE, MOVE PT 2, THANK YOU JAY DEE, each published at
www.stonesthrow.com, as well as various untitled works by artist J DILLA.

The party making the complaint (Raymond Bell, e-mail:
info@stonesthrow.com ), claims under penalty of perjury to be or represent
the copyright owner of this content. Pursuant to 17 U.S.C. § 512©, we
have removed access to the content in question.

http://www.loc.gov/copyright/title17/92chap5.html#512

NOTE: Since your site was a dynamic site, we had to move the entire site
offline by renaming it’s web folder by adding “_DISABLED..” to the end of
it. We need to ensure that the specific content in question is not back
online. Please do not re-enable the site until you are ready to
immediately remove the allegedly infringing content in question.

If you believe that these works belong to you and that the copyright
ownership claims of this party are false, you may file a DMCA
counter-notification in the form described by the DMCA, asking that the
content in question be reinstated. Unless we receive notice from the
complaining party that a lawsuit has been filed to restrain you from
posting the content, we will reinstate the content in question within
10-14 days after receiving your counter-notification (which will also be
forwarded on to the party making the complaint).

In the meantime, we ask that you do not replace the content in question,
or in any other way distribute it in conjunction with our services.
Please also be advised that copyright violation is strictly against our
Terms and Conditions, and such offenses risk resulting in immediate
disablement of your account should you not cooperate (not to mention the
legal risk to you if they are true).

So yeah, I woke up to the site being disabled this morning. Of course I immediately deleted the posts in question so that we could get the site back online.

Am I surprised? No. We’ve had our share of run-in’s with Stones Throw in the past. But this takes the cake. A simple email to myself from Stones Throw would have sufficed. When they contacted me about the Madlib situation a couple of years ago, I complied without hesitation. Why wouldn’t I do the same now? To cowardly go behind my back and have the site shut down, as opposed to talking with me directly has me a bit ticked off.

Ironically, we received a Cease & Desist email from Ali Shaheed Muhammad’s manager (A Tribe Called Quest) last night as well. This email came straight to us, in reference to some Tribe instrumentals we posted on Instrumental Tuesday a while back. It was a warning; one that I had no problem complying with:

Please be advised that your in possession of and are illegally distributing digital copy written material belonging to A Tribe Called Quest from your web site. Be further advised that A Tribe Called Quest has not given you consent to use its name, likeness, logo, trademark or other identification including its copy written material and its use constitutes an infringement of my client?s rights.

Demand is hereby made that you immediately cease and desist from any further activity, which in any way infringes or violates our client?s rights.

If we do not receive written confirmation that you have complied with the foregoing by, Monday February 15, 2010, my client shall have no alternative but to take any and all necessary steps to prevent any such further activity, and to seek all appropriate damages as a result of your unauthorized conduct. Also be advised that you shall be held solely liable for all damages incurred as result of your wrongful actions.

All rights reserved.

I do not have any beef with ATCQ and I fully respect their wishes. As for Stones Throw, they WILL NOT receive any future support from us in regards to promotion or reviews. Do I think they care? Probably not. This is just my stance on the situation. I will be scrubbing the site today of all Stones Throw related articles and disposing of them.

I’m sure I will receive comments and emails saying, “I told you so.” I honestly didn’t think we did anything wrong. But it is what it is and we’re moving on.


Chinita Date: Sunday, 14/Feb/10, 3:59 PM | Message # 3

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wow this is why we don't have illegal downloads on this site, imagine coming to the site and finding it was deleted? i think i will be putting the mixtapes thread links on "hide" only for members although most mixtapes i'm hoping are free to download.. also noticed a few other sites are gone like 5mics and others i forget the names.

NtG Date: Sunday, 14/Feb/10, 8:06 PM | Message # 4

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ALL mixtapes are free, theres no need to hide them.

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Chinita Date: Monday, 15/Feb/10, 0:45 AM | Message # 5

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Quote (NtG)
ALL mixtapes are free, theres no need to hide them.

ok thanks ntg


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