A New Phase in the Online Piracy Wars

story by William David Jones
image by William Golden & Jay Gentile

Piracy is one of the biggest legal issues surrounding the music industry that our generation or any previous has had to face. However, in a recent attempt to thwart piracy, Sony BMG Music Entertainment (which will now be referred to as Sony for the sake of simplicity) has shown music connoisseurs just how far “too far” is in preventing the theft of their music. The ensuing saga and recently-settled lawsuit against the music giant has also opened up a completely new medley of legal issues in the process.

How It All Got Started

A British Company, by the name of First 4 Internet, developed software known as Extended Copy Protection, or XCP. It became famous after Sony decided to implement the software into their music CDs. The program has been identified as — and is more commonly known as — a rootkit, which is a program typically used to gain access to a computer system. A lot of terms have been thrown around in the media as to what the programs are called, and it can get quite confusing. You may ask, “Is it XCP, or a rootkit, or are those the same thing?” Think of it this way: the flu, by its characteristics, is classified as a virus. The program, XCP, has the characteristics of, and is therefore defined as, a rootkit, which is a more general term for these types of invasive computer programs. MediaMax (version 3.0 and 5.0) is another program, similar to XCP, that Sony has used, for which they have also come under scrutiny. (Again, for the purposes of simplicity, only XCP will be referred to from here on out, but both are involved in the problem, lawsuit, and resolution.) By using this sort of stealth technology, the program is masked so that users do not realize it has been installed on their computers. In doing so, Sony deliberately deceived their consumers, which was the first in a series of mistakes.

What XCP Does, Why Sony Would Do This, and How It Affects You

The XCP does a number of things. First and foremost, it prevents the buyer from using the compact disc in any way other than that provided by the program itself. Upon inserting an XCP-laden album, users are given the option of installing a special player for the disc, which is really their only option. It is the only way the CD will work on the computer, and prevents the user from ripping or burning the tracks in any way, other than those provided specifically by Sony. It won’t work with most media players, and the biggest shot to the consumer is that the albums are then incompatible with Apple’s iPod, which dominates the portable mp3 market and is a direct competitor to Sony. Furthermore, the problem predominantly affects Windows operating systems, and with a few exceptions, Mac and Linux were not subject to this program.

Additionally, the kit installs items which may be problematic to and quickly wear down the life of your CD-ROM drive; then it hides the evidence, much like a computer hacker might. Its cloaking also allows other malware to be hidden from the user’s view. All of this potentially causes more problems to the computer, and trying to manually delete it just makes things worse. The odd thing is that it is attacking those music fans that actually went out and purchased the CD. As stated previously, piracy issues are one of the most critical (in terms of music) to our generation, and major record labels are constantly trying to stay ahead of the consumer’s urge to take free music where they can get it. It is an understandable problem for a company like Sony, but at the same time, the use of rootkits and the deception of their honest customers is not the answer.

Sony’s Solution Worse Than the Problem

“Most people, I think, don’t even know what a rootkit is, so why should they care about it?” These were the words of Sony BMG Music Entertainment President Thomas Hesse, on NPR in November. Aside from the horrid, unethical concept that consumer ignorance is an excuse for this corporation’s actions, the physical responses to the problem have been even worse.

After coming under the scrutiny of computer security experts and consumers alike, Sony offered a “solution.” They released a patch that did not completely uninstall the XCP software, but simply unmasked it. Then a full uninstall was released by Sony, but only after requiring users to submit personal information, which is then potentially made available to third parties. The uninstaller is now known to cause more problems than the original rootkit. Using an ActiveX control marked “Safe for Scripting,” a hole is opened in the user’s computer, which can be used by outsiders to gain access to the PC, and even this uninstall is said to leave traces of the XCP files on the computer.

Opening a Bigger Can of Worms

What this raises are not only issues of piracy and what methods can legally be taken to prevent it, but also what is being done in the name of competition, and how major companies are really hurting their own consumers. For instance, is it logical and/or ethical for Sony to make their CDs incompatible with the popular iPod, and instead only usable with their own devices? In the past, competition usually meant lower prices, but in this new digital age, will consumers be forced to spend more money to get the music they want because certain bands are only available through certain companies, who in turn make their music only playable on their devices? The end result being someone who likes both Neil Diamond and Less Than Jake must buy two different devices, because competing companies prevent their music from being interchangeable?

The End Result

After a class-action lawsuit was filed against Sony, they have decided to stop production of albums using the XCP software and have recalled those already out on shelves. As part of a settlement brought forth by groups such as the Electronic Frontier Foundation (EFF), if you have already purchased a CD with this software, you have the right to exchange it with Sony for a CD without the copy protection. In addition to this, the EFF has stated that anyone with a CD with XCP is further entitled to free mp3 versions of the music, and either 1) $7.50 cash plus one free download from a list of approximately 200 albums OR 2) three free downloads from the list. MediaMax victims are entitled to different compensation, all of which and more can be found at http://www.eff.org/IP/DRM/Sony-BMG/settlement_faq.php

Corynne McSherry, a staff attorney for the EFF who was involved with the case, told Chicago Innerview that “The settlement helps consumers finally get what they thought they were buying in the first place — music that will play on their computers without invading their privacy or eroding their security.”

Some of the popular albums this included were Neil Diamond’s 12 Songs, A Static Lullaby’s Faso Latido, and Frank Sinatra’s The Great American Songbook. The full list of 52 albums affected by this can be viewed at http://cp.sonybmg.com/xcp/ along with more information on the situation. However, if you have already used one of these titles on a home computer, you may have to sit tight, as there is seemingly no complete solution to the problem at press time. The EFF settlement with Sony BMG does not cover damages to computers, but acceptance of it also does not waive your right to sue over this as well, according to EFF’s Settlement FAQ. Both Microsoft and Sony have promised fixes, but at press time, none have been seen.

When Chicago Innerview attempted to contact Sony for a statement, all that was offered was referral to the website above and http://www.sunncomm.com/support/sonybmg (for MediaMax) regarding any further questions that consumers may have.

CI Special Report #003

On Being A Rock Critic

We’re living in a time when there’s more writing ever about music. I think I’ve seen less good writing than ever about music at the same time.

story by Chris Castaneda

Chicago Tribune rock critic Greg Kot has just suggested to me that I need to take more drugs. Well, at least he’s not giving me the name of a good dealer. He’s merely shocked that I haven’t yet realized the supposed brilliance of My Bloody Valentine’s hailed 1991 classic Loveless. There’s nothing strange here. It’s just one in a million conversations that go on between two people who love their music. Even if we both weren’t rock critics, we would still be having this debate over an album released 15 years ago.

For Kot and his counterpart at the Chicago Sun-Times, Jim DeRogatis, music criticism is their lifeblood. They make their living standing in the back of clubs with their pens and notepads. They fish out albums from their dozens of mail bins that capture their interests as something other people should know about. They pick the brains of fresh faces on the music scene as well as seasoned veterans who have survived the rock and roll life to see past their 20s. They are the ones that Bono will hunt down by cell phone or Ryan Adams will bash over the course of a 2-minute rant left on the answering machine.

And, to the dismay of some, they actually get paid for what they do. It’s all in a day’s work for a rock critic.

Along with their decade-long stint at their respective newspapers, Kot and DeRogatis have been the hosts of the world’s only rock ‘n’ roll talk show known as “Sound Opinions”. After seven years with WXRT, the program left in November 2005 to make a new home at Chicago Public Radio-WBEZ. It was during their residency at WXRT that I came to know the two writers, my soon-to-be mentors.

Simply place any random column of theirs side by side and you’ll see what complete opposites they are; Kot as the calm-minded writer who is as tactful as he is direct and DeRogatis as the lightning in the bottle — the disciple of Lester Bangs — longing to strike down the phonies in his path without hesitation. Their views are their own, but occasionally you can get them to agree on something.

Tackling the matter of the very field they work in brings out not only their differing professional perspectives, but also more of their personalities. “I think most of what I read sucks and very occasionally I’m surprised by something that’s good,” says DeRogatis with a laugh. “I think that’s a disappointing state of affairs, and I couldn’t name a goddamn thing for ya.”

Journalism is only as good as the writers that bring the news to the people. Being original is equally as difficult as is serving up quality content. In the ever-expanding world of music, rock critics serve as the buffer between the industry and its consumers. “We’re living in a time when there’s more writing ever about music,” says Kot. “I think I’ve seen less good writing than ever about music at the same time.”

One example posed to Kot is Ryan Schreiber’s successful music website Pitchfork, whose reputation has exploded in recent years as a forum where music fans and industry insiders go to discover the latest trends in music. Says Kot, “I think those guys [Pitchfork] do a great job of building their empire from basically the grassroots into something that’s really a tastemaker, but I found most of the writing on that website very difficult to read and not very good. They’ve got so much stuff to write about and so many writers. In some ways, they might be better served by sort of narrowing their focus a little bit and focusing on a few writers that are really talented rather than spreading themselves so thin. I’m singling out Pitchfork only because they’ve done better than most.”

According to DeRogatis, the tastemakers in music should watch the very thin line they walk between providing insight and providing flashy predictions. “Anybody who says where anything is going is an idiot,” says DeRogatis. “Anybody who says they knew Nevermind was going to sell three million albums in three months, it’s like ‘who are you fucking kidding?’ Nobody knows. I think that when you think you do know, it’s time to get out of the way because you’re not paying attention to what’s actually happening.”

From Kot’s viewpoint, “The distribution model has changed radically, not just for music itself but also for how we talk about music, how we discuss it as an art form, and how we critique it. All of that stuff is in flux right now.”

The emergence of music journalism on the internet and the seemingly unstoppable growth of file-sharing could make some in print media nervous about trying to keep up. Some writers that are possibly not quite with the times would consider file-sharing as a blockade placed in their way from reaching the reader. Rather then reading a 500- or 5,000-word piece on an album, someone could just go online and download the album in minutes.

Both Kot and DeRogatis would disagree with the traditionalists who fear the change. “I think that’s fantastic,” says Kot about this ability to download albums. “The whole idea of democratizing the process is a real plus.” DeRogatis isn’t shaken either by technology that is here to stay: “I don’t see how that’s a bad thing,” he says of file-sharing and modern digital music transmission, “but I don’t think it’s a substitute for music journalism.”

Three years ago, Kot described music journalism to me as “a noble, if frequently misunderstood profession that could always use a few more dedicated and conscientious souls.” Where there are opinions, there are critics following right behind. That may never change. What can only get better are the writers who defend their words with great depth and passion.

Editor’s Note: Chris Castaneda was a research assistant for Greg Kot’s book Wilco: Learning How To Die and Jim DeRogatis’ upcoming book Staring At Sound: The True Story Of Oklahoma’s Fabulous Flaming Lips. He is also a moderator for the “Sound Opinions” website message board.

CI Special Report #004

Lollapalooza 2010 In Review

story by Jay Gentile, Angie Martin, Justine Reisinger and Ariel Sundel
photo by Dave Mead © Lollapalooza

With 240,000 people over three days, 2010 saw the biggest Lollapalooza over. But it was not a sell-out due to Lollapalooza’s expansion this year, as the festival’s footprint jumped from 80 acres in past years to 110 acres this year. Most notable was the closing of Columbus Drive to the west of Buckingham Fountain, which made the long trek in between Lollapalooza’s main north and south stages much less congested. The previous two years saw sell-out crowds of 225,000 people over three days but with the new expanded format, Lolla would need to attract 270,000 people over three days (or 90,000 a day versus 80,000 a day this year) to be at full capacity.

In addition to the extra breathing room, this year was also notable for its excellent weather, with Friday and Saturday’s 80-and-sunny days in particular being among the nicest in Lollapalooza’s 6-year Chicago history. But the big story of this year’s festival has to be Perry’s stage, which has transformed itself from a small, poorly ventilated tent in Lolla’s early years into hands-down the place to be at Lollapalooza. Under the guidance of electronic music fan and festival organizer Perry Farrell, Lolla has beefed up its roster of world-class DJs and electronic music acts to the point where it now could be considered a rival to larger, more established electronic music festivals from Detroit to Miami. This year saw more DJs and dance acts at Perry’s than ever on a full stage atop a small hill in the trees, and there was no place more fun, more sweaty, or with better-looking eye candy at this year’s Lolla. The electronic bent of the festival seems to be the direction that future Lollapaloozas are heading in and, if so, all we can say is we can’t wait until next year…

Here is our annual rundown of notable acts, from the good to the bad to everything in between:

Erol Alkan: Now I understand why his slogan is “E.R.O.L Keeps Kids Dancing” — because that’s all that was going on at Perry’s. What more do you want?

Grizzly Bear: One big yawn. I left for Perry’s after two songs. I needed some stimuli.

Edward Sharpe and The Magentic Zeros: Although Edward Sharpe looks as if he might drop off the stage at any minute from a drug overdose, the band puts on a magnificent show. People were climbing trees, sitting on branches, and jockeying for a view throughout this magical set, during which there was a sense of love and community that could not be denied.

Yeasayer: I highly praise both of their albums, but their live performance at Lollapalooza lacked awe and amazement.

Arcade Fire: Anyone who was there knows how enlightening, powerful, and moving their performance was, at which thousands of us sang to every single song. Arcade Fire has that special quality of making you feel completely human and accepting of the good, the bad, and everything in between. Words can’t conjure the experience. Best performance of the weekend. Hands down.

Devo: While “Whip It” is their most recognizable tune, they played many other singles, like “Girl You Want,” “Jocko Homo,” and their newer hits, “Don’t Shoot (I’m a Man)” and “Fresh.” Playing everything in the robotic de-evolutionary characters they created over 30 years ago, they even underwent several costume changes (grey suits with masks, black Devo t-shirts, yellow jumpsuits) to show us all they’ve still got it.

Chromeo: It’s nice to see a band not taking itself too seriously. Chromeo is all about the fun, not about standing around looking cool. If you let your guard down long enough to participate in their happy disco mayhem, that’s all that matters.

Lady Gaga: What can be said about Lady Gaga? At least she’s entertaining. But besides the innumerable wardrobe changes and predictably over-the-top background bullshit, a softer, more human Gaga revealed herself this year — remarking about how no one cared about her the last time she played Lollapalooza in 2007 and turning it into a message of hope, telling the crowd that “anything is possible.” While I’d like to see more of Stefani Germanotta and less of her Gaga persona, her “little monsters” come out for the spectacle — and their lady did not disappoint.

Skybox: Speaking of Gaga, Chicago indie-poppers Skybox get the award for creativity when frontman Tim Ellis broke out a handmade replica of the sequence bra that Gaga wore the last time she was at Lolla, when she played on the same small BMI stage during the same time slot as Skybox this year. If that wasn’t cool enough, Ellis got so into the band’s closing jam “In A Dream” that he dropped his pants, literally — but kept on playing without missing a beat.

Blues Traveler: Oh how the mighty have fallen, but their cover of Radiohead’s “Creep” was definitely a highlight.

Gogol Bordello: Aside from having to explain pit fundamentals to a few obnoxious people who didn’t belong there, their set was as inexplicably awesome as it always is. The band is so energetic that their gypsy/punk/reggae/dub assault really gets people going in weird new ways. Bonus points: charismatic frontman Eugene Hutz easily wins “best mustache” award at the fest.

The Strokes: All of the old favorites, delivered with that same raw energy and attitude. It was like a time warp to 2003. It’s good to know that we’ve got something other than another Julian Casablancas or Albert Hammond Jr. solo record to look forward to.

Cypress Hill: You’ve got to commend these guys for keeping it real. They took the stage and rapped about smoking blunts…while smoking them.

Soundgarden: Once again, total time warp. Amazingly, Chris Cornell’s superhuman voice hasn’t changed a lick. I felt like I was 16 again cruising to school at 80 miles an hour in my mom’s beat-up old station wagon while blasting Superunknown through the tape deck.

The New Pornographers: Bo-ring.

Joachim Garraud: I walked up to Perry’s stage anticipating Wolfgang Gartner. I waited 15, 20, 30 minutes. No Wolfgang. I was vexed. I began walking away. Then some invisible force pulled me back — and whatever it was, I thank it. A French DJ named Joachim Garraud took the stage and started spinning. A rowdy, sweaty dance party immediately erupted. Once his remix of Kid Cudi’s “Pursuit of Happiness’ dropped, the crowd was unrestrained and everyone was just so damn happy.

Hot Chip: When did Hot Chip go from being one of the best bands I’ve ever seen — multiple times — to something so…unbreathtaking? I wish I could blame their latest weak album, with snooze-inducing sentimental charades like “Brothers.” Maybe a little of the magic is gone.

PerryEtty vs. Chris Cox: It’s fun to see Perry Farrell on stage, it being his festival and all, even if all he does is shout a few token Janes lines over some semi-whack remixing. His fist pumping is quite entertaining, though I was a bit disappointed when I misread Chris Cox and though it was Carl Cox. My bad.

Cut Copy: Too mellow, and hardly loud enough. I coaxed some friends who had never seen them away from Perry’s with promises of a great show, but was left embarrassed. Come on Cut Copy, you’re better than that.

Green Day: Yes, we know we’re in Chicago. You don’t have to tell us 50 times. Points for fan participation though, and you can never go wrong with a fireworks show. Other highlights included a cover of “Sweet Child O’ Mine” and bringing a young fan on stage to sing “Longview.” That was classy.

Empire of the Sun: Was pretty disappointed at this. I’m all for weird outfits on stage, but at least play some music deserving of such extravagant attire. Still a good time though, and a great late-night ambience.

Mavis Staples: Bringing Wilco’s Jeff Tweedy on stage was a nice touch, but the 71-year-old R&B/soul songstress more than held her own on stage — while reminding us all that the civil rights struggles she dedicated her life to are not over, not by a long shot.

The Black Keys: How many times can one use the word “awesome” when describing a Black Keys show? Apparently there is no limit, because Akron’s finest continue to flat-out nail it each and every time.

Jimmy Cliff: Good to see this legend get his due by playing positive songs and not trying to look cool. Cliff’s summery reggae jams also provided a nice change of pace from all of the rock and electronic acts erupting all over the park.

Wild Beasts: Pleasant surprise of the fest. Expect big things from these Domino Records art rockers, although a name change wouldn’t be out of the question.

Erykah Badu: She spent the first 20 minutes of her 1-hour set with a DJ spinning a variety of rap from the past 10 or 15 years. Who doesn’t love “Blow the Whistle” by Too $hort? But where the hell was Badu? Erykah didn’t come on stage until almost halfway through her set. I didn’t care what came next, or how cool her blonde mohawk was. I was over it.

MGMT: Warning: If you hear MGMT preface a song with, “We’re going to really jam out on this one,” it’s about time to get the hell out of there.

CI Special Report #020

The State of Chicago Music

story by Ariel Sundel
image by Zarah Delrosario

As a live music enthusiast and writer for Chicago Innerview, I am fully aware that Chicago is a music metropolis. And I’m sure you know that too, as a reader of a magazine that month after month publishes a comprehensive list of the hundreds of concerts, occurring on every single day, spreading over several pages. Concert-goers like us know that touring bands would be foolish not to spend at least one night in the country’s center city. We know that on any given night we can go see anything from rock, house, blues, reggae, hip-hop, indie, jazz, classical, and anything in between.

So why then are some people surprised to learn that Chicago ranks third in the country in many metrics measured in a recent music business economic impact study? When I read the results of this unprecedented comprehensive report initiated by the Chicago Music Commission (CMC), it not only confirmed what we already know: Chicago rocks! But it also addressed the notion that not everyone knows this, making Chicago a “music city in hiding.”

The study “Chicago: Music City,” conducted by the renowned Cultural Policy Center at the University of Chicago’s Harris School of Public Policy, attempted to determine the size and quality of the music scenes in the 50 most-populated cities in the United States. The report highlights the strengths and weaknesses of the Chicago music scene, which the CMC decided would be beneficial to discuss with experts involved in the community. So this past January, they held a panel discussion open to the public at Millennium Park called “Chicago: The New Mu$ic Capitol?,” with many professionals involved in various aspects of the Chicago music community, co-authors of the study, and city officials, to discuss the report and initiate action to address issues that the study raised.

Chicago, as the third-largest metropolitan city in the country, ranked third in many metrics measuring the size of the music industry (using data from 2004) such as number of jobs in the music industry, number of concerts, and revenue of the music industry — behind New York City and Los Angeles. But while New York may have had more concerts, Chicago had more seats in large and small live music venues, pulling up to second place in that category with over 400,000 seats. However, we drop down to fifth place in the amount of revenue generated from those concerts, behind Las Vegas, Boston, L.A., and NYC, which would suggest that Chicago has lower concert ticket prices.

But these were not the only measurements. The report also measured quality by looking at the popular success, critical acclaim, and diversity of the bands performing in the cities, and also attempted to measure the grassroots scene. Researchers looked at the number of performances from Billboard magazine’s “Top 100 Artists” and the “Top 100 Artists” from the Village Voice Critics Poll and found that in 2004, Chicago had about 10 more such concerts than New York City. “There’s no other city where those critically acclaimed shows make up a bigger percentage of the total revenue generated,” the study’s co-author Dan Silver states. “So Chicago is really the center of high critical taste.”

To measure the grassroots scene, researchers turned to the Internet. Cleverly, they were able to sort through all the Myspace.com pages to find the bands on the site that associate themselves with a certain city. Of these 150,000 sites, Chicago had just shy of 11,000, behind only NYC and Boston, but a lot more than Seattle, New Orleans, and Nashville. “That’s a sign that there’s a pretty vibrant below the ground scene here in Chicago,” Silver concluded.

After co-authors of the report Dan Silver and Sarah Lee presented these findings during the panel discussion, the faculty director of the Cultural
Policy Center, Lawrence Rothfield, addressed the panelists. “So now that you know who you are: you’re the third-largest music industry of any American metropolitan area and you have a live music scene that is at least as good, or better than in many ways, than Seattle, Boston, etc., what are you gonna do? It’s up to you.”

One challenge that was discussed is the problem of branding Chicago as the music city it is. As was determined at this panel, it is time that we as a city stand up and claim the title of “Music Metropolis”, as other less-deserving cities have. For example, Chicago ranked higher in live music metrics than the commonly-known “Live Music Capitol” of Austin, Texas. As long as we’re on the subject of misplaced branding, Chicago music is often strongly associated with blues music. While the blues scene is a large and important part of Chicago music, this study actually found that Chicago has one of the most diverse and specialized music scenes in the country. Unlike Nashville, whose music scene is primarily known for country music and is actually made up primarily of country music, Chicago has strong scenes in many different genres other than blues, according to the study. But how do you market Chicago as the diverse music scene that it is?

One idea of presenting Chicago music in our airports has already begun. As music photographer Paul Natkin and CMC board member explained, “[CMC] worked a deal with the airport commission and starting around February 1, all the music that is programmed into both of the airports will be either by Chicago artists or labels based in Chicago.” The airports will also open stores to sell Chicago music, and the CMC website will make the playlist available with links to the artists and/or record company websites.

Not only does the Windy City provide a broad range of music genres, we do it much cheaper than the other large cities. Ticket prices in Chicago resemble that of a small town more than that of a bustling city. During the panel discussion, Silver pointed out that low-end ticket prices for concerts of Billboard’s “Top 100 Artists” and the “Top 100 Artists” from the Village Voice Critics Poll in Chicago tend to be lower than in comparably-sized cities like NYC and L.A., and they’re about the same as Nashville, Seattle, and Austin. “So it’s a big city with kinda a small town access,” he said.

Although the study sheds light on the size, quality, and power of Chicago music, it is hardly complete. As the weather begins to feel a lot more like spring, promises of the plethora of free summer music festivals starts to creep back into everyone’s mind. But this integral aspect of Chicago as a city wasn’t even captured in the study. Neither were non-profit music venues and organizations like symphonies, operas, and places like the Old Town School of Folk Music and HotHouse (which has recently held concerts in conjunction with The Viaduct Theater). Music in schools and places of worship were also left out.

As Julie Burros from the Chicago Department of Cultural Affairs said: “We have a very long history of giving away more free music programs than any other city probably in the whole world, and it would be great to count that, to measure that, include that in your thinking and measurement of the music industry.” Rothfield did express interest in expanding the study to include more than just commercial music. As he told the panel, “this is a first cut, and we’d love to do a follow-up, a fuller one” to include these missed aspects of the music industry — and also one “that could also track the growth of the business in Chicago.”

So Chicagoans, sleep easy tonight (after you see that concert!) Although the study shows that our music scene is healthy and in a good place compared to other U.S. cities, that’s not enough for the folks at the CMC and countless other individuals involved in the industry. These dedicated people in the community are willing to fight to keep improving it. And they won’t stop until Chicago is synonymous with the term “Music City”.

CI Special Report #019