DIGITAL MUSIC NEWS

Record Label Coalition Asks Appeals

Court To Uphold Verdict Against Vimeo

 

Gavel      Emboldened by last month’s ruling that SiriusXM was financially liable for playing music recorded prior to 1972, a coalition of record labels now is asking the 2nd Circuit Court of Appeals to uphold a ruling issued earlier this year by U.S. District Court Judge Ronnie Abrams in New York. In that decision Judge Abrams said online music service Vimeo was ineligible for the Digital Millennium Copyright Harbor Act’s safe harbor protections for any user-uploaded clips with pre-1972 music. As reported by MediaPost, the labels this week filed papers asking the 2nd Circuit to uphold Abrams’ ruling, arguing that the “plain language” of the Copyright Act supports the idea that Congress intended for pre-1972 music to be treated differently from music recorded after that date.

Vimeo is appealing Abrams’ ruling, arguing that it has no practical way to distinguish pre-1972 recordings from newer ones. Moreover, the company says the Digital Millennium Copyright Act contains safe harbor provisions that give online companies immunity from infringement liability for material uploaded by users, as long as the companies meet certain requirements – including that they remove infringing material upon request of the copyright owner. However, the Copyright Act of 1976 – which overhauled U.S. copyright law – says it doesn’t annul any “common law” rights that existed before Feb. 15, 1972. Thus, the labels insist the provision preserving pre-1972 common-law rights means that the DMCA’s safe harbors don’t apply to older music.

Different judges have reached different conclusions about this issue, and a number of Silicon Valley companies, including Google, Facebook, and Twitter, have supported Vimeo in the dispute. Additionally, digital rights groups including the Electronic Frontier Foundation have filed papers supporting Vimeo. In a friend-of-the-court brief, the EFF said treating pre-1972 and post-1972 music differently would “create an impossible burden for service providers and would stifle innovation.” 

Apple Says iTunes Store Revenue

Grew, But Overall Music Sales Dropped

 

Increase and Decrease      In an 88-page annual report filed Monday with the Securities and Exchange Commission, Apple Inc. revealed the iTunes Store overall took in more revenue in its 2014 fiscal year – which ended September 27 – than it did last year, despite the fact that music sales have fallen. “The iTunes Store generated a total of $10.2 billion in net sales during 2014 compared to $9.3 billion during 2013,” Apple said. “Growth in net sales from the iTunes Store was driven by increases in revenue from app sales, reflecting continued growth in the installed base of iOS devices and the expanded offerings of iOS Apps and related in-App purchases. This was partially offset by a decline in sales of digital music.”

As noted by CNET, Apple didn’t give specifics on how much digital music sales have declined, but the Wall Street Journal last week cited “people familiar with the matter” who said such sales have skidded 13% to 14% since January 1. In a statement that seems to support this estimate, Apple said, “The company’s digital content services have faced significant competition from other companies promoting their own digital music and content products and services, including those offering free peer-to-peer music and video services.” The Journal pinned the blame on growing competition from cheap music sources, such as free videos and $10-per-month unlimited music subscription plans.

A drop in digital music sales is having an impact on global music sales, as listeners to streaming services are buying fewer digital albums and tracks. Apple took steps earlier this year to counteract this shift by acquiring Beats Music, which the company hopes will help it regain prominence as the #1source for digital music. Rebranding the Beats service and integrating it with iTunes should help do this. 

Music Fans Will Come Back To

Apple For These 3 Reasons

 

Apple      Apple is in danger of losing its music industry dominance. That’s the hypothesis of the analysts at Tech Cheat Sheet, which this week reiterated that the digital music downloads market has been in a steady decline over the past year, as more consumers shift from buying digital music files to subscribing to streaming music services. Citing and Nielsen’s and Billboard‘s 2014 Mid-Year Music Industry Report, they noted that individual digital track sales and digital album sales fell by 13% and 11.6%, respectively, in the first six months of 2014 vs. the same period last year. At the same time, on-demand audio streaming grew by 50.1%.

Although Apple has been able to buck trends in the wider smartphone and PC markets, a recent report from The Wall Street Journal suggested the company has not been as fortunate in the digital music download market. Still, the company is not about to surrender its dominance of the retail music market without a fight, and the Cheat Sheet gurus offer three steps Apple is taking to regain its prominence in the digital music universe:

  1. Integrating Beats Music into iTunes: It appears Apple has plans to fully integrate the music streaming service into its iTunes Radio service; rebranding the newly acquired subscription-based music streaming platform with the iTunes label may help the company garner more users who are familiar with Apple’s iconic brand.
  2. Undercutting the competition. Apple is pushing record labels to give it a discount rate that would allow it to offer Beats Music subscriptions for only $5 per month, instead of the $10 per month standard charged by most other competitors.
  3. Apple may be introducing a new digital music format. There are numerous indications that Apple is working on a digital music format that, according to U2 frontman Bono, “will prove so irresistibly exciting to music fans that it will tempt them again into buying music – whole albums as well as individual tracks.

New Tidal Streaming Platform To Compete

Against Spotify With “Lossless” Digital Music

 

Mobile increase      In a gamble (of sorts) that pits quality against quantity, a new streaming music service known as Tidal launched in the U.S. and U.K. this week in an effort to compete directly with such online platforms as Spotify, Deezer, and Beats Music. Developed by Scandinavian technology company Aspiro, Tidal’s monthly subscription is twice the price of most of those rivals – $19.99 vs. $9.99 – with the firm hoping that its promise of “hifi-quality” music induces music fans to pay the extra cost. The service will stream tracks at “lossless” quality – FLAC/ALAC 44.1kHz / 16 bit files at 1411 kbps, to be specific – with distribution partnerships already signed with a range of hi-fi manufacturers that include Sonos, Denon, and Harman.

As reported by The Guardian, Tidal is betting on more than just high-quality audio. It has 25 million individual tracks in its library, as well as 75,000 music videos and a team of editors writing features and interviews about established and emerging artists. “The music is just one part of the service,” Andy Chen, Tidal’s chief executive, said in a statement. “The expert editorial educates, entertains, and enriches the music experience while the music videos complement the music perfectly. We are sure that Tidal will quickly become the music streaming service of choice for all who appreciate high quality at every level.”

Unlike other subscription-based services, Tidal is not offering a separate “introductory” version supported by advertising. Parent company Aspiro has signed licensing deals with all three major labels, as well as independent labels and collection societies in the U.S. and U.K. According to company information, Tidal’s roots lie in WiMP, the Aspiro-owned service that is a rival to Spotify in Scandinavia, and which has its own double-price WiMP HiFi tier offering lossless-quality streams. At the end of June 2014, WiMP had 580,000 paying users, including 17,000 signed up to its HiFi version. 

Motley Fool: With Audio Cards Twitter

May Have “Done Music Right”

 

Twitter Music     It’s been a tough week so far for Twitter, which reported on Monday that its usage numbers stalled in the third quarter, and the number of new users has slowed dramatically. This news didn’t keep the Motley Fool from noting that the social media giant finally may have gotten its music platform moving in the right direction, following last year’s #Music debacle that shut down less than 12 months later.

As the Fool reported, Twitter is giving music a second chance with its rollout of Audio Cards, which were developed to fix the numerous problems users had with #Music. Audio Cards offer a simple solution for users to share music simply by pressing a play button. Not only can they launch a song in a new window, but they can “dock” it so they can continue browsing their timeline. To do this, Twitter enlisted the help of Soundcloud, which is highly popular with social media users and has been an acquisition target in the past. With a new round of debt funding, Twitter may make another go at Soundcloud soon, Motley Fool says.

Twitter also is partnering with Apple, allowing any song on iTunes to stream through Twitter, ad giving users the choice to easily purchase downloads through their timeline with just a few taps. Apple was quick to join up with Audio Cards as a way to help boost activity in its iTunes store, and the company is hoping its early adoption helps spur digital music sales. 

New Microsoft “Music Deals” App Offers

Select Albums At Heavy Discounts

 

Music Business      Windows Phone, PC, and tablet users can look forward to scoring some new music on the cheap as Microsoft has unveiled an app that offers albums for as little as $0.99. Silicon Republic reports the Microsoft Music Deals app allows 101 albums to be downloaded every Tuesday, with newer records available for $0.99 and older LPs costing $1.99. For instance, some of the albums available for next to nothing this week are Slipknot’s latest album .5: The Gray Chapter, Maroon 5’s V, Prince’s Purple Rain, and Fleetwood Mac’s Rumors.

     Once an album is purchased via the app it’s added to a user’s Xbox Music account, where it can be downloaded for listening. The app is only available within the U.S., with no announced plans for a worldwide rollout.

The news follows recent reports of Apple re-branding its Beats Music platform and integrating it with iTunes Radio, with new licensing arrangements that allow it to undercut the competition. (See story, above.) If this is the case and Apple is able to lower the cost of music streaming (and/or downloads), it would seem the two tech giants might become engaged in a digital music price war.

 

A publication of Bunzel Media Resources © 2014

 

Journalist Matt Richtel’s ‘Deadly Wandering’ tells a harrowing story of technology’s dangers

By Wallace Baine, Santa Cruz Sentinel

Matt Richtel

Matt Richtel

On an early Friday morning in September 2006, a young man named Reggie Shaw climbed into his Chevy Tahoe for his long commute to work in Logan, Utah. Somewhere on a highway east of Logan, with the sky just beginning to lighten, Reggie veered over the yellow line and sideswiped a Saturn coming from the opposite direction. The Saturn spun out and was “T-boned” by a Ford pick-up, killing the two men riding in the Saturn.

From that tragic event comes the story at the center of Matt Richtel’s new book “A Deadly Wandering: A Tale of Tragedy and Redemption in the Age of Attention” (Wm. Morrow).
Reggie Shaw, it was later determined, was texting on his flip phone at the time of the accident, which he initially denied. What followed was the seminal legal case that defined the debate about texting and driving.
Richtel, a reporter at the New York Times, won the Pulitzer Prize in 2010 for his reporting on the risks of distracted driving. In his book, he lays out the narrative of the Shaw case, what happened to Reggie and to the families of the victims, and how the events of that morning led lawmakers to look for a proper legal response to what can be a deadly habit.
At the same time, “Deadly Wandering” probes into the neuroscience of distraction, and the deeply seated neuro-chemical appeal of our ubiquitous hand-held devices.
“I didn’t want to write a book just about texting and driving,” said Richtel, who comes to Bookshop Santa Cruz to discuss his book Nov. 5. “What we’re talking about here goes well beyond what happens in the car. Why are we checking our devices all the time? Why can’t we stand idly in line at the grocery store, or at a stoplight, or with our homework, or with the spouse that sitting right across the table, without feeling that itch to look at our device?”
Chapters on what science is learning about how smart-phone and tablet technology are changing our brains are interspersed within the longer story of Reggie Shaw who later went to jail.
“This is not a screed against technology,” said Richtel of his new book. “It’s a wake-up call to be informed about the power of the neuro-chemical power of these things, in the same way we want to be informed about anything that has lots of power over our lives.”

Research suggests that checking in on your smart phone may release a dose of dopamine, the neurotransmitter that regulates the pleasure centers of the brain. “Ninety-six percent of people say that you shouldn’t text and drive, and yet, 30 percent do it anyway,” said Richtel. “The only other disconnect I can find that is that stark is with cigarettes. Every smoker says it’s bad for you, yet they keep doing it. Why do these devices have such a lure over us.”

Today, Shaw is a crusader against texting while driving. “Deadly Wandering” is an often harrowing chronicle of how Shaw got to the point where he could admit his wrongdoing and atone for causing the death of two fathers and husbands.

“The Reggie story is so compelling because we can connect to him easily,” said Richtel. “The battle that happened after his deadly wreck is a metaphor for our own internal battle about how to pay attention, particularly on the roads.”

This is not, however, a morality tale. Instead of talking about the problem of texting while driving as an issue of responsibility and willpower, Richtel asserts that our powerful and appealing technological devises are changing our behaviors on a neurological level.

“People are getting in their cars every single day, people who are not malicious, who are not bad people, and yet they’re winding up in these deadly wrecks. Driving feels boring a lot of the time. And with every passing moment, we are becoming less tolerant of boredom than we’ve ever been. This thing is constantly beckoning us.”

Matt Richtel

http://www.mercurynews.com/entertainment/ci_26823138/journalist-matt-richtels-deadly-wandering-tells-harrowing-story?source=rss

 

Bill Maher under fire: UC Berkeley students petitioning against comedian’s commencement address

More than 1,700 people have signed the Change.org petition

Bill Maher under fire: UC Berkeley students petitioning against comedian's commencement address
Bill Maher in “Real Time with Bill Maher” (Credit: HBO/Janet Van Ham)

Due to Bill Maher’s recent controversial comments about Islam, students at University of California, Berkeley, are petitioning to have the university rescind his invitation to speak at a December graduation ceremony.

The Change.org petition, which had more than 1,700 signatures as of Monday afternoon, calls for U.C. Berkeley to stop the comedian and host of HBO’s “Real Time With Bill Maher” from delivering a commencement speech. “Bill Maher is a blatant bigot and racist who has no respect for the values UC Berkeley students and administration stand for,” the petition reads.

The petition was authored by ASUC Senator Marium Navid, according to Berkeley’s student paper the Daily Californian. Navid is supported by the Middle Eastern, Muslim and South Asian Coalition (MEMSA). The Change.org petition appears under the name of Khwaja Ahmed, who according to the Daily Californian is a member of MEMSA. From the Daily Californian:

“‘It’s not an issue of freedom of speech, it’s a matter of campus climate,’ Navid said. ‘The First Amendment gives him the right to speak his mind, but it doesn’t give him the right to speak at such an elevated platform as the commencement. That’s a privilege his racist and bigoted remarks don’t give him.’”



The controversial comments in question are from a now-infamous debate on “Real Time” between Maher and atheist author Sam Harris and actor Ben Affleck about radical Islam. At one point Affleck called Maher’s comments “gross” and “racist,” and the comments have sparked a wider conversation about religion and liberalism, and a response from author and professor Reza Aslan (among others).

Maher is not the only proposed commencement speaker to be petitioned against. In May 2014 alone there was a boom of campus protests that led to the declining of invitations by several invited speakers including former U.C. Berkeley chancellor Robert Birgeneau.

According to the Daily Californian, University Relations has the final say on confirming Maher as the commencement speaker.

Sarah Gray is an assistant editor at Salon, focusing on innovation. Follow @sarahhhgray or email sgray@salon.com.

https://kielarowski.wordpress.com/wp-admin/post-new.php

The dangerous American myth of corporate spirituality

How invocations of “karma” and Zen are being used to justify deeply unequal systems of power

The dangerous American myth of corporate spirituality
Steve Jobs, Satya Nadalla (Credit: AP/Paul Sakuma/Brendan McDermid/rnl, Kaveryn Kiryl via Shutterstock/Salon)

Recently, Microsoft CEO Satya Nadella gave some shocking advice to a young businesswoman who was concerned that her male peers were passing her up for promotions: Don’t question the systemic sexism of corporate America, just trust in “good karma” to get you ahead. While his attitude made waves in the blogosphere, in fact it accurately represents a form of spirituality that is becoming popular in the West.

You know what I’m talking about. When I go to yoga, I’m often surrounded by wealthy white women who can afford expensive classes and Lululemon threads. When I scroll through my Facebook feed, I see exclamations of bourgeois spirituality (“Staying at the Waldorf tonight! #gratitude #blessed #100happydays #livelife”). Moreover, my actor friends seem to use karma and positivity as tools to help them achieve commercial success.

We might call this a belief in spiritual meritocracy. The implicit idea here is that our professional and financial growth depends on our spiritual merit, not on the presence or absence of social structures and biases. We are told that if we are grateful enough, if we put enough happy energy into the universe, then we will be rewarded with material wealth and earthly pleasures. (Think “The Secret.”) We are told that we actually can have it all: a rich spiritual life, leading to a rich material life.

Of course, this is just the new-agey equivalent of the same old meritocracy myth that’s been floating around America since at least the 19th century; that in the land of the free, anyone can become rich if they just work hard enough, if they use the right brand of elbow grease.

Unless you are a rich Republican, decades of widening economic inequality should tell you how faulty this story is. While it is true that most successful people work hard, the meritocracy myth works more to justify an existing social hierarchy than to inspire us to make positive social changes.

So, for the same reason we look suspiciously on Horatio Alger-esque theories of social mobility, we ought to also be skeptical of their spiritual version, which says that underserved groups can get ahead not by standing up to power, but by focusing on love and positivity.



It’s times like these when I am reminded of Slavoj Zizek’s summary dismissal of “Western Buddhism.” Zizek cautions that while meditation may seem to come from an edgy counterculture, in fact Americans practice it in a way that is often consistent with consumerist capitalism:

“… although ‘Western Buddhism’ presents itself as the remedy against the stressful tension of capitalist dynamics, allowing us to uncouple and retain inner peace and Gelassenheit, it actually functions as its perfect ideological supplement … One is almost tempted to resuscitate the old infamous Marxist cliché of religion as the ‘opium of the people,’ as the imaginary supplement to terrestrial misery. The ‘Western Buddhist’ meditative stance is arguably the most efficient way for us to fully participate in capitalist dynamics while retaining the appearance of mental sanity … ”

In other words, rather than helping yogis become more socially conscious spiritual warriors, Buddhist meditation can get hijacked by the status quo. It only brings us a shallow peace that makes us less likely to question what counts as normal.

For the last seven years I have dedicated myself to a Buddhist meditation practice, and I believe that there is some truth to Zizek’s harsh critique. As I have become more skilled, I have enjoyed moments of sublime bliss. And the more mindfulness I developed, the better I got at daily activities. I got a little better at surfing, playing poker, driving; the truth is, meditation helps me achieve whatever goals I set for myself, whether that’s being kinder to my friends and family, or earning more money.

One problem with a capitalist-inflected Buddhism is that it can lead us to a kind of spiritual cul de sac. I found that my practice was in an uneasy tension with my leftist politics. I found myself attracted to a glamorous Santa Barbara lifestyle that left me feeling unfulfilled and disappointed. I found that it became easy to deal with disturbing images in the news by dismissing the suffering of others as the karmic products of their own poor decisions. (They’re just not being positive enough!)

Yes, I found myself tempted by tales of spiritual meritocracy.

Overall, I am happy that my Facebook friends and yoga moms are finding spiritual enrichment. But I believe that focusing only on the joyful aspects of spirituality can get us into trouble, if we aren’t careful. Every religion can get appropriated by the West’s consumerist ideology, and Buddhism is no exception. When we cultivate gratitude for our material wealth and ignore compassion for those less fortunate, comments like those of Nadella are a natural consequence.

In traditional forms of Buddhism, there are bits and pieces of teachings on karma that capitalism loves to pick up on. Our society emphasizes an interpretation of Eastern spirituality that does not threaten its own internal logic. It’s true, for example, that the Buddha taught that money was a blessing, and that one effect of an ethical way of life would be material prosperity. But it is hard for me to believe the Buddha would say that wealth inequality is solely the result of karmic patterns, and that we should ignore its hidden histories of slavery, colonialism and patriarchy.

The good news is that there may be a spiritual antidote for what Tibetan teacher Trungpa Rinpoche called “spiritual materialism.” And I’m not talking about intermittent bouts of Catholic guilt. I’m suggesting that if we work to complement our gratitude with mercy and compassion for those who are less fortunate, we can move away from the surface-level spirituality that is really just materialism in disguise. And this may be what the world needs more than ever.

There are plenty of opportunities for us to be compassionate. For example, as scientists’ long-term projections of the effects of climate change become more and more dire, somehow American denial of anthropogenic global warming is on the rise. This kind of denial is only possible if it is not met with compassion for those who are already facing the extreme weather of hurricanes like Sandy and Katrina, like the hard-hit women who are struggling to survive after flash floods destroy their communities. Cultivating compassion for those we usually ignore — whether that’s women in the global south who are facing the ugly end of natural disasters, inmates of American prisons, or businesswomen who make 20 percent less than men who do in the same job — is therefore both a spiritual and political imperative.

The point is not that we give up on Western spirituality, as Zizek seems to suggest. The teachings of Eastern religions are becoming more mainstream in America, but this is an opportunity as well as a cautionary tale. As we develop a more conscious lifestyle, let’s ask ourselves if we are deepening our spirituality, or just falling for the myth of spiritual meritocracy. May all beings be free from pain and suffering.

http://www.salon.com/2014/10/26/the_dangerous_american_myth_of_corporate_spirituality/?utm_source=facebook&utm_medium=socialflow

 

U.S. companies are cozier with the NSA than previously thought

Newly disclosed documents reveal the agency has “under cover” spies working at some corporations

and , ProPublica

U.S. companies are cozier with the NSA than previously thought
This originally appeared on ProPublica.

ProPublica Newly disclosed National Security Agency documents suggest a closer relationship between American companies and the spy agency than has been previously disclosed.

The documents, published last week by The Intercept, describe “contractual relationships” between the NSA and U.S. companies, as well as the fact that the NSA has “under cover” spies working at or with some U.S. companies.

While not conclusive, the material includes some clear suggestions that at least some American companies are quite willing to help the agency conduct its massive surveillance programs.

The precise role of U.S. companies in the NSA’s global surveillance operations remains unclear. Documents obtained by Edward Snowden and published by various news organizations show that companies have turned over their customers’ email, phone calling records and other data under court orders. But the level of cooperation beyond those court orders has been an open question, with several leading companies, such as Apple, Google, Microsoft and Facebook, asserting that they only turn over customer information that is “targeted and specific” in response to legal demands.

The documents do not identify any specific companies as collaborating with the NSA. The references are part of an inventory of operations, of which the very “fact that” they exist is classified information. These include the:

 

“SIGINT” in NSA jargon is signals intelligence, the intercepting of data and voice communications. According to the document, “contractual relationships” can mean that U.S. companies deliberately insert “backdoors” or other vulnerabilities that the NSA then uses to access communications. The existence of deals to build these backdoors is secret:



 

The NSA’s efforts to break encryption and establish backdoors were disclosed last year, but left open the possibility that the companies didn’t know about the activities. This new disclosure makes clear that some of those relationships are cooperative.

The documents also describe a program codenamed Whipgenie. Its purpose is to safeguard one of the NSA’s most important secrets, the “relationships” between “U.S. Corporate partners” and the agency division that taps fiber optic cables. It refers to the dealings with U.S. companies as ECI — exceptionally controlled information: It says:

 

The Whipgenie document details one company’s involvement in “domestic wire access collection” – an apparent reference to eavesdropping inside the United States. Under current law, such surveillance is only allowed after the government obtains a court order. But the document said that at least one “Corporate Partner” was involved in a “cooperative effort” to break into U.S. communications. This information, it says, is itself classified and should be closely guarded:

 

The Whipgenie document makes clear that the program being shielded from public view involves data that moves through the United States. (Emails and other information from one foreign address to another frequently hopscotch across international borders as companies use the cheapest routing for traffic.) The document tells NSA officials that they should protect:

 

In 2008, Congress authorized the agency to collect information that traveled through the United States. But the agency is supposed to discard entirely domestic communications that it picks up “incidentally.”

A draft document indicates that the NSA targets U.S. manufacturers of commercial equipment used for communications. The document obliquely refers to covert operations by NSA agents aimed at what is termed “specific commercial entities.” Those companies are identified in the document only by the letters: A, B, and C.

 

Sentry Owl, the program that protects this particular bit of spying, is among the most closely guarded secrets in the intelligence community. Documents describe it as “Exceptionally Controlled Information” that can only be disclosed to “a very few select” people in government.

 

Sen. Dianne Feinstein and Rep. Mike Rogers, who head the congressional intelligence oversight committees, did not respond to requests for comment on whether they had been briefed on the program. Sen. Ron Wyden, an outspoken critic of NSA activities that impact U.S. residents, also declined to comment.

In a statement, NSA spokeswoman Vanee Vines said NSA surveillance is authorized by law and subject to multiple layers of oversight. She added: “It should come as no surprise that NSA conducts targeted operations to counter increasingly agile adversaries.”

 

http://www.salon.com/2014/10/19/u_s_companies_have_cozier_relationship_with_nsa_than_we_thought_partner/?source=newsletter

Google makes us all dumber

…the neuroscience of search engines

As search engines get better, we become lazier. We’re hooked on easy answers and undervalue asking good questions

Google makes us all dumber: The neuroscience of search engines
(Credit: Ollyy via Shutterstock)

In 1964, Pablo Picasso was asked by an interviewer about the new electronic calculating machines, soon to become known as computers. He replied, “But they are useless. They can only give you answers.”

We live in the age of answers. The ancient library at Alexandria was believed to hold the world’s entire store of knowledge. Today, there is enough information in the world for every person alive to be given three times as much as was held in Alexandria’s entire collection —and nearly all of it is available to anyone with an internet connection.

This library accompanies us everywhere, and Google, chief librarian, fields our inquiries with stunning efficiency. Dinner table disputes are resolved by smartphone; undergraduates stitch together a patchwork of Wikipedia entries into an essay. In a remarkably short period of time, we have become habituated to an endless supply of easy answers. You might even say dependent.

Google is known as a search engine, yet there is barely any searching involved anymore. The gap between a question crystallizing in your mind and an answer appearing at the top of your screen is shrinking all the time. As a consequence, our ability to ask questions is atrophying. Google’s head of search, Amit Singhal, asked if people are getting better at articulating their search queries, sighed and said: “The more accurate the machine gets, the lazier the questions become.”

Google’s strategy for dealing with our slapdash questioning is to make the question superfluous. Singhal is focused on eliminating “every possible friction point between [users], their thoughts and the information they want to find.” Larry Page has talked of a day when a Google search chip is implanted in people’s brains: “When you think about something you don’t really know much about, you will automatically get information.” One day, the gap between question and answer will disappear.

I believe we should strive to keep it open. That gap is where our curiosity lives. We undervalue it at our peril.

The Internet can make us feel omniscient. But it’s the feeling of not knowing which inspires the desire to learn. The psychologist George Loewenstein gave us the simplest and most powerful definition of curiosity, describing it as the response to an “information gap.” When you know just enough to know that you don’t know everything, you experience the itch to know more. Loewenstein pointed out that a person who knows the capitals of three out of 50 American states is likely to think of herself as knowing something (“I know three state capitals”). But a person who has learned the names of 47 state capitals is likely to think of herself as not knowing three state capitals, and thus more likely to make the effort to learn those other three.



That word “effort” is important. It’s hardly surprising that we love the ease and fluency of the modern web: our brains are designed to avoid anything that seems like hard work. The psychologists Susan Fiske and Shelley Taylor coined the term “cognitive miser” to describe the stinginess with which the brain allocates limited attention, and its in-built propensity to seek mental short-cuts. The easier it is for us to acquire information, however, the less likely it is to stick. Difficulty and frustration — the very friction that Google aims to eliminate — ensure that our brain integrates new information more securely. Robert Bjork, of the University of California, uses the phrase “desirable difficulties” to describe the counterintuitive notion that we learn better when the learning is hard. Bjork recommends, for instance, spacing teaching sessions further apart so that students have to make more effort to recall what they learned last time.

A great question should launch a journey of exploration. Instant answers can leave us idling at base camp. When a question is given time to incubate, it can take us to places we hadn’t planned to visit. Left unanswered, it acts like a searchlight ranging across the landscape of different possibilities, the very consideration of which makes our thinking deeper and broader. Searching for an answer in a printed book is inefficient, and takes longer than in its digital counterpart. But while flicking through those pages your eye may alight on information that you didn’t even know you wanted to know.

The gap between question and answer is where creativity thrives and scientific progress is made. When we celebrate our greatest thinkers, we usually focus on their ingenious answers. But the thinkers themselves tend to see it the other way around. “Looking back,” said Charles Darwin, “I think it was more difficult to see what the problems were than to solve them.” The writer Anton Chekhov declared, “The role of the artist is to ask questions, not answer them.” The very definition of a bad work of art is one that insists on telling its audience the answers, and a scientist who believes she has all the answers is not a scientist.

According to the great physicist James Clerk Maxwell, “thoroughly conscious ignorance is the prelude to every real advance in science.” Good questions induce this state of conscious ignorance, focusing our attention on what we don’t know. The neuroscientist Stuart Firestein teaches a course on ignorance at Columbia University, because, he says, “science produces ignorance at a faster rate than it produces knowledge.” Raising a toast to Einstein, George Bernard Shaw remarked, “Science is always wrong. It never solves a problem without creating ten more.”

Humans are born consciously ignorant. Compared to other mammals, we are pushed out into the world prematurely, and stay dependent on elders for much longer. Endowed with so few answers at birth, children are driven to question everything. In 2007, Michelle Chouinard, a psychology professor at the University of California, analyzed recordings of four children interacting with their respective caregivers for two hours at a time, for a total of more than two hundred hours. She found that, on average, the children posed more than a hundred questions every hour.

Very small children use questions to elicit information — “What is this called?” But as they grow older, their questions become more probing. They start looking for explanations and insight, to ask “Why?” and “How?”. Extrapolating from Chouinard’s data, the Harvard professor Paul Harris estimates that between the ages of 3 and 5, children ask 40,000 such questions. The numbers are impressive, but what’s really amazing is the ability to ask such a question at all. Somehow, children instinctively know there is a vast amount they don’t know, and they need to dig beneath the world of appearances.

In a 1984 study by British researchers Barbara Tizard and Martin Hughes, four-year-old girls were recorded talking to their mothers at home. When the researchers analyzed the tapes, they found that some children asked more “How” and “Why” questions than others, and engaged in longer passages of “intellectual search” — a series of linked questions, each following from the other. (In one such conversation, four-year-old Rosy engaged her mother in a long exchange about why the window cleaner was given money.) The more confident questioners weren’t necessarily the children who got more answers from their parents, but the ones who got more questions. Parents who threw questions back to their children — “I don’t know, what do you think?” — raised children who asked more questions of them. Questioning, it turn out, is contagious.

Childish curiosity only gets us so far, however. To ask good questions, it helps if you have built your own library of answers. It’s been proposed that the Internet relieves us of the onerous burden of memorizing information. Why cram our heads with facts, like the date of the French revolution, when they can be summoned up in a swipe and a couple of clicks? But knowledge doesn’t just fill the brain up; it makes it work better. To see what I mean, try memorizing the following string of fourteen digits in five seconds:

74830582894062

Hard, isn’t it? Virtually impossible. Now try memorizing this string of fourteen letters:

lucy in the sky with diamonds

This time, you barely needed a second. The contrast is so striking that it seems like a completely different problem, but fundamentally, it’s the same. The only difference is that one string of symbols triggers a set of associations with knowledge you have stored deep in your memory. Without thinking, you can group the letters into words, the words into a sentence you understand as grammatical — and the sentence is one you recognize as the title of a song by the Beatles. The knowledge you’ve gathered over years has made your brain’s central processing unit more powerful.

This tells us something about the idea we should outsource our memories to the web: it’s a short-cut to stupidity. The less we know, the worse we are at processing new information, and the slower we are to arrive at pertinent inquiry. You’re unlikely to ask a truly penetrating question about the presidency of Richard Nixon if you have just had to look up who he is. According to researchers who study innovation, the average age at which scientists and inventors make breakthroughs is increasing over time. As knowledge accumulates across generations, it takes longer for individuals to acquire it, and thus longer to be in a position to ask the questions which, in Susan Sontag’s phrase, “destroy the answers”.

My argument isn’t with technology, but the way we use it. It’s not that the Internet is making us stupid or incurious. Only we can do that. It’s that we will only realize the potential of technology and humans working together when each is focused on its strengths — and that means we need to consciously cultivate effortful curiosity. Smart machines are taking over more and more of the tasks assumed to be the preserve of humans. But no machine, however sophisticated, can yet be said to be curious. The technology visionary Kevin Kelly succinctly defines the appropriate division of labor: “Machines are for answers; humans are for questions.”

The practice of asking perceptive, informed, curious questions is a cultural habit we should inculcate at every level of society. In school, students are generally expected to answer questions rather than ask them. But educational researchers have found that students learn better when they’re gently directed towards the lacunae in their knowledge, allowing their questions bubble up through the gaps. Wikipedia and Google are best treated as starting points rather than destinations, and we should recognize that human interaction will always play a vital role in fueling the quest for knowledge. After all, Google never says, “I don’t know — what do you think?”

The Internet has the potential to be the greatest tool for intellectual exploration ever invented, but only if it is treated as a complement to our talent for inquiry rather than a replacement for it. In a world awash in ready-made answers, the ability to pose difficult, even unanswerable questions is more important than ever.

Picasso was half-right: computers are useless without truly curious humans.

Ian Leslie is the author of “Curious: The Desire To Know and Why Your Future Depends On It.” He writes on psychology, trends and politics for The Economist, The Guardian, Slate and Granta. He lives in London. Follow him on Twitter at @mrianleslie.

http://www.salon.com/2014/10/12/google_makes_us_all_dumber_the_neuroscience_of_search_engines/?source=newsletter

DIGITAL MUSIC NEWS

Judge Slashes $48 Million Verdict Against

MP3Tunes Founder Michael Robertson

 

     A federal judge this week slashed record label EMI’s $48 million jury verdict against defunct music storage service MP3Tunes and its founder by about $33 million, ruling many of EMI’s claims were “just too big to succeed” and were backed by very little actual evidence. U.S. District Judge William H. Pauley III tossed out most of the jury’s findings of secondary infringement against MP3Tunes and founder Michael Robertson under the Digital Millennium Copyright Act. The judge also cut common law punitive damages from $7.5 million to $750,000, and additional elements of the ruling could reduce the total amount to just over $10 million.

Earlier this year a Manhattan jury found MP3tunes and Robertson liable for copyright infringement and awarded $48.1 million in damages. EMI Group Ltd originally contended in its 2007 lawsuit that MP3tunes and another website known as Sideload.com enabled the infringement of copyrights in sound recordings, musical compositions, and cover art. Since that suit was filed EMI was split up, with Vivendi SA’s Universal Music Group acquiring its recording music business and a consortium led by Sony Corp purchasing its publishing arm in 2012.

In his ruling, Judge Pauley excoriated attorneys on both sides of the case. Slamming EMI’s lawyers, he wrote, “Despite this Court’s efforts to winnow the issues, the parties insisted on an 82-page verdict sheet on liability and a 331-page verdict sheet on damages that included dense Excel tables, necessitating at least one juror’s use of a magnifying glass. While the jury did its best, their assignment was beyond all reasonable scale.” Judge Pauley then turned his attention to Robertson, noting that he “created a business model designed to operate at the very periphery of copyright law.”

The plaintiffs now can either accept the decision or embark on a new trial on punitive damages, the judge said. He gave both sides until Oct. 17 to submit proposals for a final judgment. [Read more: Global Post Hollywood Reporter

Judge Hits Grooveshark In

Federal Copyright Infringement Case

 

Gavel      A federal judge in New York this week ruled that Grooveshark, an online music service long vilified by the major record companies, infringed on thousands of their copyrights. Judge Thomas P. Griesa of United States District Court in Manhattan said the digital music platform was liable for copyright infringement because its own employees and officers – including Samuel Tarantino, the chief executive, and Joshua Greenberg, the chief technology officer – uploaded a total of 5,977 of the labels’ songs without permission. Those uploads are not subject to the “safe harbor” provisions of the Digital Millennium Copyright Act.

The case stems from Grooveshark’s claim that the Digital Millennium Copyright Act protects websites that host third-party material (content posted by users and not company employees) if they comply with takedown notices issued copyright holders. Grooveshark and its parent company, Escape Media Group, insisted in court documents and testimony that all of the music files on its servers had been uploaded by its users.

But Judge Griesa didn’t buy that argument, and on Monday said, “Each time Escape streamed one of plaintiffs’  recordings, it directly infringed upon plaintiffs’ exclusive performance rights.” He also found the company destroyed important evidence in the case, including lists of files that Mr. Greenberg and others uploaded to the service.

As reported by The New York Times, the next step of the case will be to set damages, and the possibility of a multimillion-dollar ruling against Grooveshark puts the service’s future in doubt. When asked for a comment about the summary judgment decision, John J. Rosenberg, a lawyer for Grooveshark, said, “The company respectfully disagrees with the court’s decision and is currently assessing its next steps, including the possibility of an appeal.” 

Judge Rules Expert Testimony In Apple’s

Alleged “Monopoly” Case Can Be Included

 

Monopoly man      Unbelievably, the class action suit that claims Apple Inc. is guilty of monopolistic practices because of an iTunes update continues to move through the court system. According to Courthouse News Service, a federal judge has ruled the Cupertino, CA-based tech giant cannot exclude a key expert for the plaintiffs who are accusing it of monopolizing digital music and music players between 2006 and 2009.

The lawsuit, filed in 2005, alleges Apple illegally acquired a digital music player monopoly with an iTunes update that made it impossible for iPods to play songs purchased from another online music store. As part of their case, the plaintiffs asked Stanford economist Roger Noll to testify that the update made it more costly for an iPod user to switch media players because it would be harder to collect music that could be played on all devices. Noll said the update also encouraged iPod owners to only buy music from iTunes.

The resulting monopoly allowed Apple to charge more for iPods, causing $305 million in damages to the class, Noll told the court. Apple had asked the judge to exclude Noll’s testimony in December 2013, but U.S. District Judge Yvonne Rogers last week denied that motion. She also denied a motion by Apple for summary judgment. 

Digital Streaming Revenue Grew In First

Half While Overall Revenues Slipped 4.9%

 

     U.S. music revenues slipped to $3.2 billion in the first half of 2014, a 4.9% drop from the $3.35 billion the industry tallied in the first half of 2013. According to the latest figures released by the Recording Industry Association Of America (RIAA), digital music revenue declined about 0.5% to $2.203 billion, from $2.214 billion in the first half of 2013. Meanwhile, subscription revenue jumped 23.2%, to $371.4 million from $301.4 million, and ad-supported streaming jumped 56.5% to $164.7 million from $105.2 million. CD sales fell 19.1% to $715.6 million from $994.1 million, while the sale of vinyl product – an infinitesimal line item – jumped 41% to $6.5 million, from $4.8 million in the same period last year.

The RIAA says paid subscription services averaged 7.8 million U.S. subscribers in the first six months of the year, up from an average of 5.5 million subscribers in the first half of 2013. Download sales of albums and tracks fell 11.8% to nearly $1.3 billion from $1.47 billion. Distribution of performance royalties collected by SoundExchange grew 21.3% during the same period, from $266.5 million in the first half of 2013 2013 to $323.4 million in H1 2014.

As noted by Billboard, the RIAA for the first time also provided an overall market volume for wholesale. Typically, the RIAA numbers add up the value of units for each album by that album’s list price, not the wholesale price that the labels receive when they ship the albums to retailers. But converting their data to wholesale values for downloads and the physical formats, RIAA estimates the U.S. music marketplace at $2.2 billion, down from $2.3 million at mid-year 2013.

 

Spanish Broadcasting System, 7digital

Launch Digital Content Partnership

 

Handshake      Spanish Broadcasting System has entered into a partnership with 7digital to provide SBS’ LaMusica.com with secure content management technology and a royalty reporting system to support additional music products beyond the site’s current streaming content. LaMusica.com currently streams 14 of the broadcasting company’s Spanish-language radio stations, and also provides a variety of entertainment, news, and cultural offerings leveraged from SBS’ radio network, television, and live entertainment properties.

“We continue to invest in strengthening our LaMusica.com portal and extending the robust content offerings we provide to the nation’s Latino music fans,” SBS Chairman/CEO Raul Alarcón, Jr. said in a statement. “Our agreement with 7digital will provide us with additional tools to maximize the LaMusica.com experience, further building on our momentum as we seek to fully capitalize on our strong media brands and close ties to the vibrant Latino music community.”

“We are pleased to partner with fast-growing entertainment services such as LaMusica.com to enhance the infrastructure that is required to deliver comprehensive and seamless digital entertainment offerings,” Simon Cole, 7digital’s CEO, commented in the same statement. “SBS has an exceptional history in creating top-ranked media brands attracting large and loyal audiences in the nation’s biggest Hispanic media markets, and we look forward to playing a role in expanding LaMusica.com’s operating platform.”

 

Yes, eMusic Is Still Around…And

It’s Returning To Its Indie Roots

 

     For years eMusic – one of the first MP3 download services on the web – positioned itself as specializing in independent label content and, in fact, thrived (somewhat) as a music subscription service, whereby users paid a set fee each month to download a set number of tracks.

Over the years, however, the company grdually aligned itself with the major labels in order to survive, but iTunes and Amazon eventually cornered the mainstream download market, leaving eMusic to languish in the nether regions between major and indies. In fact, most industry execs more or less forgot eMusic still existed, except when it popped up as a sponsor at various industry events.

So imagine the surprise of eMusic’s small but loyal user base this week when they received an announcing the service was ending its partnerships with the majors, and returning to its roots as a hub of indie label content. In fact, the email said that beginning today (Oct. 1, the start of the fourth quarter), eMusic “will be exiting the mainstream music business and exclusively offering independent music. The company’s goal is to build the most extensive catalogue of independent music in the world.” While Complete Music Update calls that an admirable goal, it does raise the question of whether it’s too little, too late, for two reasons: 1) Much of eMusic’s small user base has drifted to the subscription streaming services, and 2) The indie labels that 10 years ago would have applauded this move are now focused on trying to get a piece of that same streaming revenue.

 

A publication of Bunzel Media Resources © 2014

Follow

Get every new post delivered to your Inbox.

Join 1,594 other followers