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Burkart - Music and cyberliberties

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Musicians and music fans are at the forefront of cyberliberties activism, a movement that has tried to correct the imbalances that imperil the communal and ritualistic sharing and distribution of music. In Music and Cyberliberties, Patrick Burkart tracks the migration of music advocacy and anti-major label activism since the court defeat of Napster and the ascendancy of the so-called Celestial Jukebox model of music e-commerce, which sells licensed access to music.
Music and Cyberliberties identifies the groups--alternative and radical media activists, culture jammers, hackers, netlabels, and critical legal scholars--who are pushing back against the copyright grab by major labels for the rights and privileges that were once enjoyed by artists and fans. Burkart reflects on the emergence of peer-to-peer networking as a cause celebre that helped spark the movement, and also lays out the next stages of development for the Celestial Jukebox that would quash it. By placing the musical activist groups into the larger context of technology and new social movement theory, Music and Cyberliberties offers an exciting new way of understanding the technological and social changes we confront daily.

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Music and Cyberliberties

Celestial Jukebox by Rob Sussman PATRICK BURKART Music and Cyberliberties - photo 1

Celestial Jukebox by Rob Sussman

PATRICK BURKART

Music and Cyberliberties Published by Wesleyan University Press - photo 2

Music and Cyberliberties

Published by Wesleyan University Press Middletown CT 06459 - photo 3

Published by Wesleyan University Press Middletown CT 06459 - photo 4

Published by Wesleyan University Press,

Middletown, CT 06459

www.wesleyan.edu/wespress

2010 by Patrick Burkart

All rights reserved

Printed in the United States of America

5 4 3 2 1

Library of Congress Cataloging-in-Publication Data

Burkart, Patrick, 1969

Music and cyberliberties / Patrick Burkart.

p. cm. (Music/culture)

Includes bibliographical references and index.

ISBN 978-0-8195-6917-2 (cloth : alk. paper)

ISBN 978-0-8195-6918-9 (pbk. : alk. paper)

1. Music and the Internet. 2. Sound recording

industry. 3. InternetSocial aspects. I. Title.

ML3790.B847 2009

306.4842-dc22 2009036025

Wesleyan University Press is a member of the Green

Press Initiative. The paper used in this book meets their

minimum requirement for recycled paper.

Contents

Picture 5

Acknowledgments

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I am grateful to Vinny Mosco, who provided inspiration for this project. Encouragement and considerable assistance came from my friends and colleagues, including Tom McCourt, Eric Rothenbuhler, John Downing, Harris M. Berger, Kembrew McLeod, Jim Aune, Linda Putnam, and Charley Conrad. Joel Schalit, Brock Craft, and Joseph Lopez provided feedback at all stages of this project, and Mike Godwin, Gwen Hinze, Wendy Seltzer, and Fred von Lohmann made themselves accessible for my many questions. Thanks to Kip Keller for preparing my manuscript, and to the Melbern G. Glasscock Center for Humanities Research, the Ford Foundation Program on Media, Arts, and Culture, and the Texas A&M University European Union Center for providing support for this research.

Abbreviations

Picture 7

AAC

advanced audio coding

AAIM

American Association of Independent Music

ACLU

American Civil Liberties Union

ACME

Action Coalition for Media Education

ALA

American Library Association

A&R

artist and repertoire

ARPANET

Advanced Research Projects Agency Network

ASCAP

American Society of Composers, Authors, and Publishers

AT&T

American Telephone and Telegraph

A2K

Access to Knowledge

BBS

bulletin board system

BLO

Barbie Liberation Organization

BMI

Broadcast Music Inc.

BMG

Bertelsmann Music Group

CDD

Center for Digital Democracy

CFP

Computers, Freedom, and Privacy

CIMA

Center for International Media Action

CODEC

coder-decoder language

COO

chief operating officer

CPSR

Computer Professionals for Social Responsibility

CRIS

Communication Rights in the Information Society

CRM

customer relationship management

CSS

content-scrambling system

CVS

concurrent versions system

DDoS

distributed denial of service

DIY

do-it-yourself

DMCA

Digital Millenium Copyright Act

DMCRA

Digital Media Consumer Rights Act

DRA

Digital Rights Agency

DRM

digital-rights management

DR-CAFTA

Dominican RepublicCentral American Free Trade Agreement

EFF

Electronic Frontier Foundation

EMI

Electrical and Musical Industries (EMI record company)

EPIC

Electronic Privacy Information Clearinghouse

EULA

end user license agreement

EULAAA

End User License Agreement Activist Amendment

FCC

Federal Communications Commission

FFII

Foundation for a Free Information Infrastructure

FOMC

Future of Music Coalition

FOSS

free and open source software

FSF

Free Software Society

FTA

free trade agreement

GLBT

gay, lesbian, bisexual, and transgender

GUI

graphical user interface

ICT

information and communication technology

IFPI

International Federation of the Phonographic Industry

IODA

International Online Distribution Alliance

IP

intellectual property

IPR

intellectual property rights

ISP

Internet service provider

MAIN

Mountain Area Information Network

MOO

MUD object-oriented

MPAA

Motion Picture Association of America

MUD

multi-user dungeon

NCMR

National Conference for Media Reform

NGO

nongovernmental organization

NSM

new social movement

P2P

peer to peer

RAIN

Radio and Internet Newsletter

RIAA

Recording Industry Association of America

RM

resource mobilization

SDMI

Secure Digital Music Initiative

SMS

wireless short message service

TCA

theory of communicative action

TOR

The Onion Router

UCITA

Uniform Computer Information Transactions Act

USCO

the Company of Us (media-art collective)

US-PIRG

U.S. Public interest Research Group

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