BN LP 5004 | Fats Navarro - Fats Navarro Memorial Album

Fats Navarro Memorial Album



The Squirel
52nd Street Theme
Lady Bird
The Chase

Double Talk
Dameronia
Our Delight

This 10" collects tracks from four different sessions (one from 1947, two from 1948, one from 1949), I guess probably from his time in New York as part of Tadd Dameron's group. Side Two opens with 'Double Talk' which actually comes from a Bud Powell session in 1949 (he was near the end of his career at this point and plays without the usual power and range - but still beautifully), the side concludes with 'Dameronia' and 'Our Delight' - taken from the 1947 session.

For specific tracklistings, have a look at the excellent Jazz Discography Project

BN LP 5003 | Bud Powell - The Amazing Bud Powell

The Amazing Bud Powell



Un Poco Loco
Over The Rainbow
Ornithology
Wail

A Night In Tunisia
It Could Happen To You
You Go To My Head
Bouncing With Bud

For specific tracklistings, have a look at the excellent Jazz Discography Project

More Nonsense...

It is really evident that the RIAA is incapable of identifying and communicating the issues here.
They keep shooting themselves in the foot by harping on about money, money, money...yes, loss of earnings.

This is a question of law and people breaking the personal use license.

Judge Tomas Nördstrom compromised?

Regardless of whether Judge Tomas Nördstrom should have excluded himself.

The judgement has set the stage and in combination with the IPRED law also now in place - the Film and Record companies are going to capitalise on the situation, until any appeal says otherwise.
Should Judge Tomas Nördstrom disclosed his interest, absolutely. Should the defence team researched and raised the issue - absolutely.

But do not get diverted from the issue that IPRED has been passed into law - the piratebay case is only of interest to parties supplying search engine services. Whether it is illegal to provide links to copyrighted material.

This has clearly been a 2 stage strategy, from a Governmental level. They have been lobbied by industry, undoubtedly aided by US Government and diplomatic agencies (you have to give them credit, the US are very aggressive in aiding and promoting their country's interests).
The Swedish Government and therefore the judiciary were/are under intense international scrutiny regarding our copyright laws. At a state level, it was obviously felt that a message needed to sent, it has been.

Until the judgement is formally appealed and considered, then processed and finally heard - until then you have a clear set of rulings.
Criminal intent if you supply information which aids the discovery of copyrighted material, Criminal intent if you share copyrighted material.

Over the last 15 years, it has been clear that law makers internationally have demonstrated an inability to understand the technology and specifically how legislation can be used to regulate it. In combination with lobbing and factual manipulation for commercial gain, the film/music industries have also muddied the issues.
Just look at the IPRED and DMCA.
This has not helped a solution to evolve.

But no law will ever be sufficient, if the citizens cannot understand what is morally right or wrong.

To clarify, in the past when we bought an LP or CD - we bought a personal license to play that music, for personal use (e.g. not public performance, like in a mall or pub.)
Pubs, libraries, etc were covered by different licenses.

Regardless of the fact that consumers want a portable digital archive of the film/music they have bought. It does not excuse the fact that downloading copyrighted material, which you have no intention of paying for - is a crime - pure and simple.

We as individuals have shown that we cannot regulate ourselves, we are unwilling to exercise a sensible self-judgement - we know what is right and wrong.

Sweden had a similar problem with alcohol - people could not regulate their consumption - therefore the government provided us with regulation and controlled our consumption.

In the tradition of Sweden - it is logical that the Government would provide a moral framework, however draconian - where we have shown ourselves incapable of exercising personal ethics.

We got an intervention. How we got it is a mute point, collectively as citizens, we brought this upon ourselves.

BN LP 5002 | Thelonious Monk - Genius Of Modern Music

Thelonious
Idrees Sulieman (tp) Danny Quebec West (as) Billy Smith (ts) Thelonious Monk (p) Gene Ramey (b) Art Blakey (d)
WOR Studios, NYC, October 15, 1947

Ruby, My Dear
Well, You Needn't
Off Minor
Thelonious Monk (p) Gene Ramey (b) Art Blakey (d)
WOR Studios, NYC, October 24, 1947

'Round About Midnight
George Taitt (tp) Sahib Shihab (as) Thelonious Monk (p) Bob Paige (b) Art Blakey (d)
WOR Studios, NYC, November 21, 1947

Misterioso
I Mean You
Milt Jackson (vib) Thelonious Monk (p) John Simmons (b) Shadow Wilson (d)
Apex Studios, NYC, July 2, 1948

For specific tracklistings, have a look at the excellent Jazz Discography Project

Attempts to lace CDs with Digital Rights Management have failed

Nice overview of the "Real Story of the Rogue Rootkit" - read here

Re-using and Re-purposing Copyrighted Material

Good overview of the implications of the DMCA and it's impact on YouTube and content uploaders using other people's copyrighted material here - it is a wired.com article.
It touches upon the idea of 'fair use' and the necessity of the copyright holder to consider these before implementing claims.

It really is clear that the DMCA was already outdated in 1998 and drafted in a way that left it unable to deal and evolve with the constantly changing occurrence and use of content on the internet and digital communication protocols.

The situation has not gotten any better in the intervening years.

MPAA vs Real Networks

How can the DVD and CD be treated so differently? Answer: The Digital Millennium Copyright Act, which protects the DVD but not the CD.
wired.com article link here

DVD guy has a good summary of the case here

BN LP 5001 | Mellow the Mood - Jazz in a Mellow Mood

Various Artists - Mellow The Mood: Jazz In A Mellow Mood

Recorded during various sessions dated between 1941 and 1946, this 10" compiles various tracks previously issued by the label on the 78 format - it showcases the label's brief flirtation with the Small Group Swing scene.



Side 1

I Surrender Dear

Sweet And Lovely

If I Had You
Profoundly Blue

Side 2

She's funny that Way
My Old Flame
Blue Harlem

For specific tracklistings, have a look at the excellent Jazz Discography Project

I'm going to start posting my whole 5000 series of 10" recordings, (one-a-week), quality is pretty good, remember they were on vinyl, I've tried not to interfere, just reduce the clicks, etc..

New Posts soon...

I'm going to start posting my whole Blue Note 5000 series of 10" recordings, (one-a-week), quality is pretty good, remember they were on vinyl, I've tried not to interfere, just reduce the clicks, etc..

These are fantastic recordings of historic importance - unfortunately they are out of print and the copies that are available for sale or auction are highly sought after by collectors (myself included).

They were recorded between 1941 and 1954 - so ideal candidates for the 50 year copyright expiration theme of this blog.

So I'm going to share the recordings, so the larger jazz public, get to hear them and enjoy them. So starting Monday..

Sweden | IPRED

Interesting debates going on in Sweden, with a court ruling which does not clarify the situation - see here

Whether you agree with IPRED and specifically the Swedish governments implementation of it - it does seem appropriate that it would be Sweden who would implement it in this way.

Sweden has a history of state implemented regulation, where the general population has been incapable of regulating itself, a good example of this is the state operated alcohol monopoly 'systembolaget', you can access their history and remit here.

Now we can question the motivations of the implementation of the new IPRED laws, whether commercial pressure or social altruism - but the direction the Swedish Government has taken is historically not unexpected.

Even with major objections spread across all age groups, the law was implemented - the overriding concern is that there are strong possibilities for using the collected data in an abusive and/or draconian way.

The Political Battle for Online Content in the European Union

Monica Horten has been working on a phd based upon 'The Political Battle for Online Content in the European Union' see link

Interview with Creed Taylor

I just found an interesting interview with Creed Taylor, by Marc Myers over on his blog from last year - worth a read.

Attitudes to Copyright | Part 6 - mediafire

"You agree while using MediaFire Services, that you may not:
Use the Services for any illegal purpose;

.....

Promote an illegal or unauthorized copy of another person's copyrighted work;"

There is a simple e-mail address to report suspected copyright abuse.

Attitudes to Copyright | Part 5 - fileden

"Illegal Usage
File Den servers may not be used for hosting any form of illegal content, File Den have the right to allow legal authorities / damaged 3rd parties to lead investigations into any illegal doing."

.........

"Infringement of Copyright, Intellectual Property Right, Trademark, Patent or Trade Secret
Uploading / distributing any files which break any of the above mentioned will result in instant termination of account and contact with the correct authorities will be made."

Attitudes to Copyright | Part 4 - filefactory

FileFactory.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). FileFactory.com respects the legitimate rights of copyright owners, and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide webmasters in restoring access to websites that are disabled due to mistake.

Notice to Owners of Copyrighted Works

The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to FileFactory.com's Designated Agent.

How to Write a Proper DMCA Notice

A Proper DMCA Notice will notify FileFactory.com of particular facts in a document signed under penalty of perjury. We refer to this as a "Proper DMCA Notice." To Write a Proper DMCA notice, please provide the following information:

1. Identify yourself as either:

a. The owner of a copyrighted work(s), or

b. A person "authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

2. State your contact information, including your TRUE NAME, street address, telephone number, and email address.

3. Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works.

4. Identify the material that you claim is infringing your copyrighted work, to which you are requesting that FileFactory.com disable access over the World Wide Web.

5. Identify the location of the material on the World Wide Web by providing "information reasonably sufficient to permit FileFactory.com to locate the material."

6. State that you have "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law."

7. State that the information in the notice is accurate, under penalty of perjury.

Sign the notice with either a physical or electronic signature.

Sending The Proper DMCA Notice to the Designated Agent

To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by FileFactory.com (the "Designated Agent".) The contact information for FileFactory.com's Designated Agent is:

Email: dmca@filefactory.com

What We Do When We Receive A Proper DMCA Notice

FileFactory.com will follow the procedures provided in the DCMA, which prescribed a notice and takedown procedure, subject to the webmaster's right to submit a Counter-notification claiming lawful use of the disabled works.

Notice and Takedown Procedure

It is expected that all users of any part of the FileFactory.com system will comply with applicable copyright laws. However, if FileFactory.com is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. FileFactory.com will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Notice to Users of FileFactory.com Systems

Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become a System User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there. FileFactory.com also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint.

Your System Use privileges will also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below.

Writing and Submitting a Counter-notification

If access to your website is disabled due to operation of the FileFactory.com notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification.

Writing a Counter-notification

To Write a Proper Counter-notification, please provide the following information:

1. State that access to your website was disabled due to operation of the notice and takedown procedure.

2. Identify the material that has been removed and designate its URL prior to removal.

3. State, under penalty of perjury:

Your name, address, and telephone number,
That you "have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material,"
That you "consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located."
Sending the Counter-notification

To exercise your DMCA rights, you must send your Counter-notification to the "Designated Agent" for FileFactory.com, whose contact information is:

Email: dmca@filefactory.com

Repeat Infringers

If a customer is violating the Company's DMCA Policy or any of the Terms & Conditions, they will be subject to immediate termination. Furthermore, repeat infringers will not be tolerated.

Accommodation of Standard Technical Measures

It is FileFactory.com's policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.

Policy With Regard To Non-Compliant Communications

FileFactory.com has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.

Submission of Misleading Information

The submission of misleading information of any sort in a notification or counter-notification submitted to FileFactory.com voids any claim of right made by the submitting party.

Attitudes to Copyright | Part 3 - Megaupload

Part 3 - megaupload

We take abuse of our service very seriously. If you wish to report a copyright infringement, we need you to send us a proper notification. A proper notification MUST have at least the following information, or it may be IGNORED:

1: Identify yourself as either:
a: The owner of a copyrighted work(s), or
b: A person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2: State your contact information, including your TRUE NAME, street address, telephone number, and email address.

3: Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works.

4: Identify the material that you claim is infringing your copyrighted work, to which you are requesting that Megaupload disable access over the World Wide Web.

5: Identify the material by its URL(s).

6: State that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law.

7: State that the information in the notice is accurate, under penalty of perjury.

Attitudes to Copyright | Part 2 - Rapidshare

Part 2 - Rapidshare

If you have reason to believe that one of our users is violating your copyrights or is using RapidShare to publish illegal contents, please send an e-mail to

Required information

Please note that we only follow up messages that meet the following requirements: abuse@rapidshare.com.

Please provide us with your name, address and telephone number.
Explain which copyrighted material is affected.
If it a case of files with illegal contents, please describe the contents briefly in two or three points.
Please provide the exact and complete RapidShare download link of the file
Give details of the address of the webpage that published the link.
If there are several RapidShare links, please include all links with complete details in your message. Please do not send any attachments. Simply insert the details in text format into the message.
(Example: http://rapidshare.com/files/123456/beispiel.jpg).
Please ensure that you can receive further enquiries from us at the e-mail address you are writing from.
Please only write to us in English or German.
Notice

Anonymous or incomplete messages will not be dealt with.
Thank you for your understanding.

Different Kinds of Copyright | Creative Commons

Creative Commons was founded in 2001

In December 2002, Creative Commons released its first set of copyright licenses for free to the public. Creative Commons developed its licenses — inspired in part by the Free Software Foundation’s GNU General Public License (GNU GPL) — alongside a Web application platform to help you license your works freely for certain uses, on certain conditions; or dedicate your works to the public domain.

In the years following the initial release, Creative Commons and its licenses have grown at an exponential rate around the world. The licenses have been further improved, and ported to over 45 international jurisdictions.

Attitudes to Copyright | Part 1 - youtube

With the recent discussion about Youtube introducing an algorithim to detect copyrighted material - it was interesting to came across a "homemade video", which was basically just a splicing of different music videos interspersed with maybe 5% genuine self-made footage - with a pop song soundtracked on top, Erik Pryde's "Call on me".

It set me thinking about how different sites deal with such blatant copyright infringement, so taking; youtube, rapidshare and megaupload as examples.

I'll post their varying procedures with regard to dealing with policing the content on their sites.

Part 1 - youtube

This is a screenshot of how youtube deals with copyright infringement. I'm going to post the different approaches and then present an overview - to try and deduce a pseudo barometer with regard to copyright support and compliance amongst content host'ers and providers.

With the following text;

Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal advisor or see Section 512(c)(3) of the US Copyright Act to confirm these requirements):

A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:

DMCA Complaints
YouTube, Inc.
901 Cherry Ave.
Second Floor
San Bruno, CA 94066
Fax: 650.872.8513
Email: copyright@youtube.com

To expedite our ability to process your request, complaints may now also be submitted online at http://www.youtube.com/copyright_complaint_form. You will need a YouTube account to use this tool.

Please note that, under Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Claimant information will be published on the YouTube site in place of disabled content.

If there are many videos to be removed, or you expect to have an ongoing need to remove potentially infringing content from YouTube, we suggest that you sign up for our Content Verification Program, which electronically notifies us, removing any room for error, and significantly increases the speed at which we are able to remove any infringing content.