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Why isn’t Tom Petty suing the Peppers?

p2pnet news view | P2P | Music:- Okay, folks, I’ll admit it:

I have no sympathy whatsoever left for the opposition.

I simply cannot bring myself to be THAT stupid, that often.

Check out this link:
http://www.nytimes.com/2008/12/28/weekinreview/28streitfeld.html?_r=2&em=&pagewanted=all

Now, please realise something about the above: here’s an example where the fact that people are acting PERFECTLY “WITHIN THE LAW”, (not to mention, in an economically-sensible fashion), and we STILL hear whimpering from the “content-industry” and their lackeys.

Are you all FINALLY starting to “get” the fact that even when you act “legally”, the professional whiners of the various “content industries” STILL think you’re doing something wrong?

Or how ’bout THIS:

http://www.dmamusic.org/news/000198.php

I for one, am sick of the whining.  Anybody who’s read my last few posts knows I USED to be sympathetic to how scared and uncertain those involved in various “business models” really are, when confronted with the realities of the digital world.

But y’know what? No matter HOW sympathetic I may be, I cannot, in good conscience, fall in line behind the RIAA/MPAA/publishers when they’re being like this.

I can’t take Lars Ulrich seriously anymore, since he’s admitted (nine years late) to “pirating” his own album.  I stopped taking Sonny Bono seriously after his “Copyright is forever minus a day” quote.

I NEVER took Valenti seriously in the first place :)

Looky here, friends:

http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_Term_Extension_Act

Observe the graph very carefully.  Now, down at the one room log-cabin schoolhouse here in Possum Gulch (smirk) they taught us a little bit about how to read graphs and suchlike.  So, uhh — is it just me, or are copyright terms getting longer — and longer — and longer?

Why?

Why does something made now deserve a longer copyright term, than something created in 1790?

It sure as hell can’t be that they figure stuff will still be “profitable” 140 years from now, else why do they continue printing books?  For that matter — and I’ve raised this question before — why do ANYTHING, anymore?

Tell me something: how many books written even thirty years ago, have you read?  Bought any “Sheena Easton” albums lately?

So my next question is: considering how quickly the various “content industries” run through fads, where’s the “incentive” that keeps them lobbying for longer terms and a heavier jackboot, even as you’re reading this now?

Like I said, I don’t get it.

Unless …

(Nah, couldn’t be):

In a truly sane and just society, one where the “public domain” was still vibrant, Joe Satriani probably wouldn’t be able to put the bite on Coldplay because one of their songs has a vaguely-similar riff.

http://www.huffingtonpost.com/2008/12/05/coldplay-sued-for-plagiar_n_148676.html

(Sorry the link sucks, but in a way, it makes the point even more thoroughly, because thanks to our buddies at EMI — YOU CAN NO LONGER COMPARE THE SONGS IN QUESTION.

(And they wonder why we get annoyed.) :)

Oh yeah, and while we’re on the subject of “similar-sounding riffs”, here’s a few links for y’all to chew over:

http://en.wikipedia.org/wiki/Dani_California

http://www.youtube.com/watch?v=H_71j7X76og

htt://en.wikipedia.org/wiki/Mary_Jane’s_Last_Dance

http://www.youtube.com/watch?v=WdTYcnUBADw

Please read the Wikipedia stuff, watch the videos, and ask yourself one question:  “Why isn’t Tom Petty suing the Peppers over this????!!!!”

Like I said, I don’t get it.  I mean, he — or more realistically, his corporate handlers — “own” every aspect of “Mary Jane’s last dance” for AT LEAST 95 years past Petty’s death.

So why aren’t we seeing a “peck of pickled (pilloried) Peppers”?

(Could it be that the “labels” are counting on the fact that most people have short attention spans and are also largely ignorant of how tortuously distorted copy’right’ law has become — THANKS TO THEM????)

I mean, it can’t be that, can it?  We always hear so much from them about the “rights of creators” and suchlike.  SURELY they wouldn’t see any advantage to making IP laws confusing, and almost impossible NOT to violate in some way…..WOULD they?

I honestly can’t help but ask these type of qestions.

Just curious, y’know. I really sincerely want to know how they expect us to take such blatantly absurd laws seriously — much less, passively accept the destruction of the best communications technology the world has ever seen, just so they can CONTINUE being like this.

I’m also curious to hear their reasoning as to why, when confronted with stuff like this on almost a daily basis, we shouldn’t start trying to learn more about these laws that are rapidly strangling everything in thei reach.

I mean, hey, come on now — if a law’s important enough to sue a DEAD GUY for violating it, then (to in the words of Encyclopedia Dramatica) it must be “serious bizzness!” (smirk)

http://www.theregister.co.uk/2005/02/05/riaa_sues_the_dead/

(Is it just me, or does the above look kinda familiar?)

http://en.wikipedia.org/wiki/Posthumous_execution

Well, y’all — back to the woodshed I go.  :)

Henry Emrich – p2pnet
[Ermich says he's, "just some guy," sometime musician, wannabe writer, sporadic blogger, and (hopefully) good-natured person.  He and his wife live in Pennsylvania with two cats, and, "entirely too many record albums".]


March, 2009


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5 Responses to “Why isn’t Tom Petty suing the Peppers?”

  1. Jakykong Says:

    @hackers
    “heck 30 years for software is a joke
    no computer would run stuff that old”

    That really misses the core issue. Computers don’t usually directly run 30-year-old code. But 30-year-old code is regularly updated to run on modern computers. Take, for example, Maxima (google it ;) ), it’s a computer algebra system descended directly from an older program — Maxsyma — created at MIT about 30 years ago. So, while I wouldn’t use the original maxsyma, since it’s definitely too old, if they hadn’t managed to get the source code released, instead of having an excellent CAS today, it would simply have vanished.

    Almost every product of the human mind can fall under the same reasoning: patents (the invention will have to be re-invented in a different way by someone else), music copyrights (remixing older music to make new music, enjoying the classics, whatever), books (how long does a book have to be copyrighted before you can download it from Project Gutenberg?).

    I was recently informed of a book I think everyone would do well to read: The Public Domain http://www.publicdomain.org You can buy it as a hard copy or download it as a PDF; either way, it goes in to depth about the importance of public domain works. Hope you find it interesting :) .

  2. Henry Emrich Says:

    Jaykong:
    We are MOST definitely kindred spirits :)
    Thanks for the link — every little bit more information helps. It also highlights the fact what at first appear to be “different issues” — everything from the impact of corporate lobbying on government policy, to how to respond if a riff kinda sounds like yours — are related.

    It’s a sad day when our culture decides that creativity, innovation, art, human lives etc. are to be destroyed simply to enhance somebody’s “business model”. (We all know what I mean).

    But yeah, thanks for the link.

  3. Gr8oldies Says:

    Why isn’t Tom Petty suing the Peppers over this????!!!!”

    Like I said, I don’t get it. I mean, he — or more realistically, his corporate handlers — “own” every aspect of “Mary Jane’s last dance” for AT LEAST 95 years past Petty’s death.

    hey I always thought Mary Janes last dance ripped off the riffs from Lynyard Skynyrds “Sweet Home Alabama” but then that’s just me.

    You know it’s funny I can remember when people used to call that an “Influence” now it’s copyright stealing but I digress

  4. Dreddsnik Says:

    ” Why isn’t Tom Petty suing the Peppers over this????!!!!”

    Like I said, I don’t get it. I mean, he — or more realistically, his corporate handlers — “own” every aspect of “Mary Jane’s last dance” for AT LEAST 95 years past Petty’s death. ”

    I’m just guessing, but i’m willing to bet that the same label entity that owns the rights to
    ‘Mary Jane’ ( pretty sure Petty doesn’t even own his own stuff ) owns the rights to
    the peppers stuff too.
    It would be like suing yourself.

  5. nopi Says:

    Tom Petty is not suing the Peppers because he would lose. Although both songs has almost the same groove and harmony, grooves and harmonies are not protected by copyright. Lyrics and melodies are. That’s why people can make “sound-a-likes” (copying a song’s groove, harmony, tempo and changing just a little bit of the lyrics and melody) and profit from them without getting in trouble.

    Furthermore, the reprise of Tom Petty’s song and the Pepper’s song are completely different.

    In the case of Coldplay vs Satriani, its the melody of the reprise which is almost identical, which is the most important part of the whole song.

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