A concert, censored lyrics and a cautionary tale

Photo of a Rock en Seine poster in a Paris metro station. The original poster designed for the event was removed, because of a printing error: Amy Winehouse was spelled "Amy Whinehouse." If you're in the city August 24-26, check out the annual concert at Saint Cloud.

Telecommunications giant AT&T is denying it censored lyrics criticizing George Bush during a Pearl Jam performance, blaming the omission on a technical glitch. On Thursday AT&T spokesman Michael Coe said, "Those lyrics in no way, shape or form, are something that should have been edited." But Pearl Jam has a different take on the matter, as reported on their website:

After concluding our Sunday night show at Lollapalooza, fans informed us that portions of that performance were missing and may have been censored by AT&T during the "Blue Room" Live Lollapalooza Webcast. When asked about the missing performance, AT&T informed Lollapalooza that portions of the show were in fact missing from the webcast, and that their content monitor had made a mistake in cutting them.

During the performance of "Daughter" the following lyrics were sung to the tune of Pink Floyd's "Another Brick in the Wall" but were cut from the webcast:

- "George Bush, leave this world alone." (the second time it was sung) and

- "George Bush find yourself another home."

This, of course, troubles us as artists but also as citizens concerned with the issue of censorship and the increasingly consolidated control of the media. AT&T's actions strike at the heart of the public's concerns over the power that corporations have when it comes to determining what the public sees and hears through communications media.

Aspects of censorship, consolidation, and preferential treatment of the internet are now being debated under the umbrella of "NetNeutrality." Check out The Future of Music or Save the Internet for more information on this issue.

Most telecommunications companies oppose "net neutrality" and argue that the public can trust them not to censor. Even the ex-head of AT&T, CEO Edward Whitacre, whose company sponsored our troubled webcast, stated just last March that fears his company and other big network providers would block traffic on their networks are overblown.

"Any provider that blocks access to content is inviting customers to find another provider." (Marguerite Reardon, Staff Writer, CNET News.com Published: March 21, 2006, 2:23 PM PST).

But what if there is only one provider from which to choose? If a company that is controlling a webcast is cutting out bits of our performance -not based on laws, but on their own preferences and interpretations - fans have little choice but to watch the censored version.

What happened to us this weekend was a wake up call, and it's about something much bigger than the censorship of a rock band.

To see the video of the Pearl Jam performance, go here.

eBay music sellers beware

Remember how Universal had a video of a child dancing to a Prince song taken down from You-Tube, claiming copyright infringement? Now Universal is being sued by an eBay seller is taking on Universal Music after the record industry giant targeted his online music sales with false claims of copyright infringement.

The Electronic Frontier Foundation (EFF) and the San Francisco law firm of Keker & Van Nest LLP are representing Troy Augusto, whose online auctions included sales of promotional CDs distributed by Universal. Augusto does business on eBay under the name Roast Beast Music and specializes in sales of rare and collectible music.

Copyright law's "first sale" doctrine makes it clear that the owner of a CD is entitled to resell it without the permission of the copyright holder. Nevertheless, Universal demanded eBay take down Augusto's auctions, claiming CDs marked as "promotional use only" remain the property of Universal and thus can never be resold.

"When a consumer buys a CD, he gets certain rights, including the right to resell it. Universal is mistaken if it thinks that it can trump these rights simply by putting a label on a CD," said Fred von Lohmann, EFF Senior Intellectual Property Attorney. "Universal is trying to unilaterally rewrite copyright law to the detriment of Augusto's legitimate business and the public. Unless this effort is blocked, it could jeopardize not only sales of used CDs, but also libraries, used bookstores and businesses that rent movies and video games."

In May, Universal filed a copyright infringement lawsuit against Augusto. EFF has filed papers in federal court in Los Angeles answering Universal's claims and counter-suing the company for sending bogus "takedown notices" to eBay that resulted in the unwarranted suspension of Augusto's auctions.

Besides pulling the YouTube video because a snippet of a Prince song could be heard in the background, Universal also has made baseless copyright complaints about a video podcast by political blogger Michelle Malkin. Surely Universal has better things to do with its time than chase individuals with baseless copyright infringement charges?

Hooray! Some good news

The day before adjourning for August recess, the Senate unanimously approved S.849, the OPEN Government Act, a bipartisan bill that is the first significant update to the Freedom of Information Act (FOIA) in more than a decade. When Congress returns after is summer recess, a conference will reconcile differences between this bill and similar legislation passed in March by the House of Representatives.

Revelations about the FBI's misuse of a key PATRIOT Act power and other privacy-invasive initiatives clearly demonstrate the importance of government transparency. This law will make it easier for EFF's Freedom of Information Act Litigation for Accountable Government (FLAG) project and other FOIA requesters to keep government accountable to the people.

Comments

[Sylvie]

Wow, what a line-up for that Rock en Seine. Thanks for all of the great work that you do.

Christine may be interested to read this article titled "The Truth About The Red Cross"
http://www.socialistworker.org/2005-2/562/562_04_RedCross.shtml

[Gillian@ Indigo Blue]

I guess "the opinions expressed onstage are not necessarily the opinions of telecommunications giant AT&T" therefore, you're not entitled to hear it!
This has sparked my interest now in Net Neutrality, I am going off to Google...I love stuff like this Tara, thanks.
I agree, the colours and imagery of the poster are delightful!
xo
Blue

[Joy]

What a gorgeous poster!
p.s love your blog btw!

[Tammy]

I always know I'll be kept in the loop at your blog Tara. :) What are those balcony flowers? Who is the mystery man?

Hope you're having fun? XXOO

[Christine]

Just wanted to mention that today I read Johnson & Johnson has a lawsuit on the Red Cross over their symbol. Johnson & Johnson claims to have created in the late 1800s. I thought the Red Cross symbol originated in Switzerland, which was originally blue and changed to red when the American Red Cross started. Personally, I think Johnson & Johnson is nuts. How can a company sue an organization that assists people? The world is spinning out of control.

[Delia]

Very interesting...I hadn't heard about this Pearl Jam incident. You always seem to catch me up on things--so glad I've found your blog! (Though this isn't the only reason...the writing and photos keep me coming back).
Love,
D.

[Kristen Robinson]

I have very distinct feelings about At&T none of which are apporpriate to share....however a always I am eternally grateful for your voice!!!!!

XOX
Kristen

[Rose Dewy Knickers]

Hi Tara,

The interesting debates I find raging in censorship deal with the points you raise here. Many times it is companies that restrict information and censor content, not governments. Even many free-speech advocates are uncomfortable with content that is hateful, racist or inflammatory. If Pearl Jam had changed the lyrics to support Iran or North Korea, would we still be defending them?

Who determines what we should hear and see? The phrase, 'community standards' has always been used as a base on which to structure content, but what happens when your community now stretches around the world?

Time was the local newspaper printed what the citizens wanted to hear. Today, all we hear is what they want us to hear. In other words, nothing has changed. The loudest voices and the deepest pockets are the ones that are heard. Information has become entertainment. Entertainment has become the classroom. We learn facts from celebrities not books.

We are living in a 'Punch and Judy' world Tara and the strings are being pulled in many different directions.

Rose

xo

[rochambeau]

Nice poster. Not nice att.
Thanks for keeping us abreast.

[chiefbiscuit]

As always, a meander through your posts is a veritable, visual treat. Love the photos of the mannequins. The words are good too - very thought provoking and informative stuff.