Vimeo feels the pressure of being second; record labels double down on copyright claims

Vimeo feels the pressure of being second; record labels double down on copyright claims

Vimeo, also known as the site you find yourself on whenever a video isn’t immediately available on YouTube, has recently found itself embroiled in a copyright dispute brought about by the Digital Millennium Copyright Act and some of it its record label enforcers.

Last Friday, according to The Hollywood Reporter, Capitol Records, Caroline Records, and Virgin Records America asked a judge for a “summary judgement win” in a joint lawsuit first filed three years ago in New York federal court. For those with less than a marginal knowledge of legalese, asking for a summary judgement is the equivalent of asking for an end to a case without trial, given the undisputed nature of the facts. Thank you, Internet.

Since the case had been delayed pending an appellate court ruling in Viacom v. YouTube, it’s worth summarizing what it’s all about, as if you couldn’t have guessed: the record labels are accusing Vimeo of “copying, performing, and distributing” sound recordings from artists such as The Beatles, Coldplay, Norah Jones, Nat King Cole, and The Beach Boys. Going even further, in its motion for summary judgement, the record labels essentially dub Vimeo the negligent parent of copyright-infringing, user-generated content websites. Here’s an excerpt:

YouTube, Veoh, and other websites do not create and consistently upload their own infringing videos; do not expressly tell users it is permissible to use infringing music in their videos and instruct their users how to do so; do not have a team of employees monitoring to ‘curate’ their content and a set of technological tools to accomplish that task; do not actively participate in the website ‘community’ to define and delimit the content on their website; do not at their sole discretion delete and ‘bury’ content that they believe does not reflect the image or brand they want to establish; and do not refuse to obtain licenses from music copyright owners or to deploy available technologies to filter copyrighted music. As described below, Vimeo does all of these things and more.

The entire motion attempts to demonstrate that Vimeo encourages (and makes a point to ignore) uploads that use copyrighted music.

For what it’s worth, Vimeo filed their own motion for summary judgement last September, in which they stated, “Vimeo does not—and cannot—view every video uploaded by its users to attempt to determine whether it infringes a copyright or otherwise violates Vimeo’s terms of service. Instead, Vimeo relies upon copyright holders to inform it if a user has uploaded an infringing video. This is exactly what Congress envisioned when it enacted the DMCA.”

My perspective: if someone wants to upload a video of themselves dancing sexily to Nat King Cole’s rendition of “O Tannenbaum,” while wearing a Santa hat over their nether region, shouldn’t that be their right? Shouldn’t it?!

• Vimeo:

The Flaming Lips are reissuing Zaireeka on vinyl for Record Store Day, and this time you’ll need four turntables!

Remember a few days ago when we told you about some sketchy lo-fi dudes who call themselves The Flaming Lips? Well, according to our pals over at Consequence of Sound, it seems like The Flaming Lips have scrounged up some old material to reissue for Record Store Day, which falls on April 20 this year. Just a few tunes they recorded in Wayne Coyne’s backyard and handed out to their friends and moms sometime in 1997. It’s got some weird name, like Zaireeka, I think. Somebody over here might have listened to it once or twice? Originally, you’d get four discs that you’d play at the same time on different stereos for some crazy, spacey effects, so maybe you’ll get a whole stack of records this time around too? (Yes, this is being reissued on VINYL.) Hopefully a few people will pick up this Zaireeka thing, and maybe The Flaming Lips will finally garner some sort of following and be able to stop playing in shitty basements without lights.

I think they’d really appreciate it if you listened to one of their songs:

• The Flaming Lips:

Ende Tymes Noise Festival 2013: Aaron Dilloway, Pulse Emitter, Zaimph, Work/Death, lots more

With the presumed end of the world behind us, the onslaught of 2013’s many festival lineup announcements is underway. If you’re looking to give your ears a particularly brutal beating this spring and want to hang on to the apocalypse-themed year that was 2012, then look no further than the Ende Tymes Festival of Noise and Experimental Liberation, a three-day marathon of auditory assault sure to leave your drums a-ringing and your optimism about the future in tatters. Shows will take place May 24-26 at Brooklyn’s Silent Barn space.

In the past, the festival has also offered a wide range of video screenings, talks, and art installations to accompany the music, and while full details are not available yet, expect more of the same in 2013. The massive lineup of noise luminaries (Aaron Dilloway of Wolf Eyes fame) and up and comers (tons of other folks from every corner of the US and beyond) is below. Plan on investing in some industrial-strength earplugs for your ear holes, or risk having your hearing face its own special ende tymes.


Aaron Dilloway
Andy Ortmann
Bhob Rainey and Witchbeam
Breached Hull
Clang Quartet
Collapsed Arc
Crank Sturgeon
Dried Up Corpse
Francisco Meirino
Ghost Taco
Hans Grusel’s Krankenkabinet
IDM Theftable
ISA Christ
Jason Crumer
Jason Soliday
Jean-Sébastien Truchy
Justin Marc Lloyd
Long Distance Poison
Maria Chavez
Mister Matthews
Oscillating Innards
Penny Royale
Peter J Woods
Plague Mother
Pod Blotz
Pulse Emitter
Skin Graft
Tahnee Udero
Werewolf Jerusalem

• Ende Tymes Festival:

Rick Ross announces new album, Maybac… Mastermind

Maybach Music.

It’s only been about six months since Rick Ross put out his last record, the awesomely-titled, not-as-awesome-sounding God Forgives, I Don’t. Rick Ross is a man living his life in the fast lane, though, so it’s about time for him to announce a new album. Maybach Music. As Consequence of Sound reports, his next album will be called Mastermind and will be out later in 2013.

How do I know this? Am I one of Rick Ross’s close confidantes? Maybach Music. No, no, no, the answer is simpler than that. I just watched the album’s trailer, which you can view below. I learned a lot from that video, though none of those things really had anything to do with the album itself. But from what I can tell, Rick Ross has an enormous amount of money, which he uses to purchase mansions, jewelry, and baby mountain lions. Maybach Music. Sometimes beautiful, scantily clad women and Rick Ross hang out together. Rick Ross owns albums by Michael Jackson, Marvin Gaye, and Curtis Mayfield, along with many magazines that feature Rick Ross on the cover. The video cuts between the classic albums and the magazine covers, perhaps in an effort to say something that nobody else is trying to say.

Maybach Music.

• Rick Ross:
• Maybach Music:

Kitty Pryde releasing D.A.I.S.Y. Rage EP on January 31 #stoked #pumped #psyched #sparkles #unicorns #thundercats

I’m obsessed with Kitty, formerly known as Kitty Pryde. I like that she raps about watching Jimmy Neutron and playing The Sims and hating people on the internet and feeling uncool. I like the quintessentially teenage self-awareness of her 2012 releases, the lizzie mcguire experience and haha im sorry. I like the awkward moments and the experimental vibe and the possibility that it all might be a joke.

However, on “Dead Island,” a track from her upcoming D.A.I.S.Y. rage EP, Kitty proves that she is absolutely not a joke. She’s got sparkles, a rad beat, and a badass attitude. She doesn’t care who hates her. She could probably fight them.

D.A.I.S.Y. Rage drops on January 31. I can’t fucking wait.

• Kitty:

Amazon unveils AutoRip feature for CD purchases; CDs are all, “Yo, bro, thanks for the shout-out.”

As I touched upon recently, CDs are going out of style quicker than… [insert humorous analogy here]. The point is, despite the fact that CDs still comprise the majority of overall music sales, their novelty has quickly worn off, and that’s almost entirely due to the ever-burgeoning popularity of digital sources.

It need not be emphasized that the undisputed king of those digital music sources is Apple’s iTunes Store, which last year claimed roughly 64% of the digital music market and close to 30% of all music sold, regardless of the format. Prior to the launching of the store in 2003 (as well as the more general popularization of digital music throughout the decade), Amazon was quickly becoming the go-to source for physical music, as it siphoned away customers from traditional retail stores like Best Buy and Tower Records. Now that digital sources are slowly diluting the relevance of CDs, what’s Amazon to do if they want to realize their ultimate goal of world dom… I mean, retail monopolization? After all, Amazon MP3 isn’t close to achieving the success that the iTunes Store has.

Enter AutoRip — an appeal to those reluctant to relinquish their plastic discs, but technophilic enough to take advantage of the cloud. Launched officially on January 10, AutoRip does exactly that: when you purchase a designated AutoRip CD on Amazon, you’ll have the option to have it automatically ripped (der) to your Amazon Cloud Player for free, as 256 kbps MP3 files. In other words, it saves you the hassle of having to rip and upload the CD yourself.

Additionally, if you purchased CDs from Amazon since 1998, “AutoRip eligible songs” will be added to your Cloud Player library as well, supposedly, like… right now.

All of this sounds very interesting, but of course there are a few lingering questions. First, will the selection of CDs qualifying for AutoRip improve in the future? Reportedly, the current catalog consists of over 50,000 albums, but a search of some relatively popular artists (Animal Collective, Kanye West, Four Tet, etc.) suggests that it’s not yet comprehensive. Second, in the future, will we have any control over the resulting file type ripped to the cloud? True, most people probably don’t care, but a sub-feature like that might be a draw for some people (including myself).

• Amazon:


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