As many of you already know, the RIAA has launched a campaign to strong-arm universities across the country to divulge the private information behind their student IP addresses that have been flagged for illegal downloading - and it is working. The RIAA has been sending subpoenas to universities to turn over the information or face litigation, and possibly bad press. Once the student s have been identified, the RIAA sends them to P2PWebsites.com where they can settle their copyright infringement cases for between $3,000 and $4,000.

Most universities have been turning the information over without a fight. Until now - enter the University of Oregon. In a New York Times article today, titled In The Fight Over Piracy, A Rare Stand For Privacy, details of a lawsuit defending the privacy of the U Oregon student body paint a picture of a legal battle that the RIAA was not expecting. With the help of Oregon Attorney General Hardy Myers, the University of Oregon has decided that it will not play the role of police officer for the RIAA. While there is no argument over whether or not the actions of their students are illegal, and legal precedent for such a stand puts the university on shaky ground, it will be very interesting to see how this particular legal battle unfolds. Will the RIAA give up on universities and begin a more widespread subpoena campaign against individual home music pirates? Imagine getting an email from the RIAA sending you to P2PLawsuits.com. That would ruin your day.

I welcome your comments and suggestions.

Have a wonderful New Year!

My good friend Tom Rudolph sent me a link to one of the best technology writers out there, David Pogue. The article does a wonderful job of illustrating differences in perceptions between the generations of what is copyright infringement and what isn’t - not just from aan understanding of the law, but the attitudes about content and its distribution. Very insightful. Below is the full text. Hope you enjoy it.

The Generational Divide in Copyright Morality

by David Pogue - New York Times, December 20, 2007

I’ve been doing a good deal of speaking recently. And in one of my talks, I tell an anecdote about a lesson I learned from my own readers.

It was early in 2005, and a little hackware program called PyMusique was making the rounds of the Internet. PyMusique was written for one reason only: to strip the copy protection off of songs from the iTunes music store.

The program’s existence had triggered an online controversy about the pros, cons and implications of copy protection. But to me, there wasn’t much gray area. “To me, it’s obvious that PyMusique is designed to facilitate illegal song-swapping online,” I wrote. And therefore, it’s wrong to use it.

Readers fired back with an amazingly intelligent array of counterexamples: situations where duplicating a CD or DVD may be illegal, but isn’t necessarily *wrong.* They led me down a garden path of exceptions, proving that what seemed so black-and-white to me is a spectrum of grays.

I was so impressed that I incorporated their examples into a little demonstration in this particular talk. I tell the audience: “I’m going to describe some scenarios to you. Raise your hand if you think what I’m describing is wrong.”

Then I lead them down the same garden path:

“I borrow a CD from the library. Who thinks that’s wrong?” (No hands go up.)

“I own a certain CD, but it got scratched. So I borrow the same CD from the library and rip it to my computer.” (A couple of hands.)

“I have 2,000 vinyl records. So I borrow some of the same albums on CD from the library and rip those.”

“I buy a DVD. But I’m worried about its longevity; I have a three-year-old. So I make a safety copy.”

With each question, more hands go up; more people think what I’m describing is wrong.

Then I try another tack:

“I record a movie off of HBO using my DVD burner. Who thinks that’s wrong?” (No hands go up. Of course not; time-shifting is not only morally O.K., it’s actually legal.)

“I *meant* to record an HBO movie, but my recorder malfunctioned. But my buddy recorded it. Can I copy his DVD?” (A few hands.)

“I meant to record an HBO movie, but my recorder malfunctioned and I don’t have a buddy who recorded it. So I rent the movie from Blockbuster and copy that.” (More hands.)

And so on.

The exercise is intended, of course, to illustrate how many shades of wrongness there are, and how many different opinions. Almost always, there’s a lot of murmuring, raised eyebrows and chuckling.

Recently, however, I spoke at a college. It was the first time I’d ever addressed an audience of 100 percent young people. And the demonstration bombed.

In an auditorium of 500, no matter how far my questions went down that garden path, maybe two hands went up. I just could not find a spot on the spectrum that would trigger these kids’ morality alarm. They listened to each example, looking at me like I was nuts.

Finally, with mock exasperation, I said, “O.K., let’s try one that’s a little less complicated: You want a movie or an album. You don’t want to pay for it. So you download it.”

There it was: the bald-faced, worst-case example, without any nuance or mitigating factors whatsoever.

“Who thinks that might be wrong?”

Two hands out of 500.

Now, maybe there was some peer pressure involved; nobody wants to look like a goody-goody.

Maybe all this is obvious to you, and maybe you could have predicted it. But to see this vivid demonstration of the generational divide, in person, blew me away.

I don’t pretend to know what the solution to the file-sharing issue is. (Although I’m increasingly convinced that copy protection isn’t it.)

I do know, though, that the TV, movie and record companies’ problems have only just begun. Right now, the customers who can’t even *see* why file sharing might be wrong are still young. But 10, 20, 30 years from now, that crowd will be *everybody*. What will happen then?

Makes you think, huh?  What has caused this difference in perception?  Are the GenY’s ignorant of the law, or do they feel entitled to content - regardless of how they acquired it?  For those of use a little older, how would we have handled free access to anything - albeit often illegal?  I’m not sure.

I welcome your comments, questions, and suggestions.

A few weeks ago, I was contacted by Kelly Heyboer from the Star Ledger, a newspaper distributed throughout New Jersey. She discovered me after visiting my podcasting site and listening to some of my student work.  I was interviewed over the phone, and a few days later a photographer came and took photos while two of my students and I created the most recent edition of “This Week in Music” - a weekly show that I do with my students.

The article, entitled “Pods Casting a Spell as the Medium of the Masses” was published in the education section of the December 16th Sunday paper. It was wonderful to be recognized for my work with podcasting, and the students got a big thrill out of having a photographer come to our classroom. I strongly urge you to try podcasting with your students as well - maybe your program will be featured too!

I welcome your comments and suggestions.

Yesterday I came across a fantastic posting on Ben Rimes’ The Tech Savvy Educator blog entitled Best Copyright Movie…Ever!  A Fair(y) Use Tale.  It is a hilarious movie, created by Eric Faden, that strings together hundreds of different clips from various Disney movies that explains copyright law.  I strongly recommend downloading the video and showing it to your students.  Ben has actually created a handout for his students that you can download and have them complete after viewing the video.

Thanks Ben for posting the movie!

I welcome your comments and suggestions.

Yesterday I came across an email announcing that the curriculum that comes with Reason, called Teaching Music With Reason, was discontinued as a product. Rather than completely scrapping the document, Propellerheads decided to post the curriculum for free on their website for anyone to download. What a fantastic holiday gift!

Teaching Music with Reason is a stand-alone, entry-level classroom package that focuses on learning about and making music using technology. Principally designed for use in secondary and high school music classes, the package includes material for 21 complete lessons that with the addition of Reason turns each individual classroom computer into a self-contained, easy-to-use music studio, with a realistic rack of equipment that you could expect to see in any professional studio set-up.

If you already own Reason (the curriculum is geared toward Reason 3.0 - not 4.0) I strongly recommend downloading it today. If you don’t own Reason, I would still recommend checking out the curriculum. I’m sure that some of the materials have cross-application uses.

I welcome your comments and suggestions.

AudioScore Professional 3, new from Neuratron, is a fantastic new product that allows users to convert their live performances to notation files.  The software works with both Sibelius and Finale, and just might revolutionize the way musicians notate their parts in the future.  While Pitch-to-MIDI conversion software has been around for some time (SmartMusic is a perfect example), AudioScore Professional 3 makes it possible to accurately record yourself through a microphone and then convert your files to notation files that can be exported to directly into Sibelius, or to Finale, Cubase, and other programs that can convert MusicXML, NIFF, MIDI or WAV files.  You can also import MIDI files and record yourself playing over them.

There is tremendous potential for this software to allow non-music readers to compose.  This is especially useful with younger students.  There is an in-depth tutorial video on the Neuratron site, and I highly recommend checking it out.  As a die-hard Sibelius user myself, I plan on getting AudioScore Professional 3 to record my students improvising - whether in the jazz ensemble setting, or in the general music classroom setting.  What a wonderful assessment tool!

I welcome your comments and suggestions.

The folks at Garritan have produced a wonderful Christmas album that features their sound library for the past three years. I wrote an entry on this blog last year about the 3rd edition, and decided to share with you the 4th edition of the album this year. The album, which is free, has accompanying cover art and a label, and it can be purchased as a physical CD. The album cab either be streamed from the Garritan site, or you can download the tracks and listen to them on your favorite MP3 player. The album features the following songs:

1 ) I Saw Three Ships Medley by John Raybould
2 ) O Little Town of Bethlehem by Dan Kury
3) Christmastime by Gunther Bombe
4) Förunderligt och Märkligt by Ken Weissman
5) God Rest Ye Merry Gentlemen by Randy Bowser
6) Carol of the Birds by Dan Powers
7) Ave Maria by Laurence Harvey
8.) Angels We Have Heard On High by Keith Walls
9) Come, O Come Emmanuel by Karen Peace
10) Silent Night by Tim Cohen
11) Hark! The Herald Angels Sing by Gary Shannon
12) The Shepherds’ Lonely Vigil by Jerry Wickham
13) O Come All Ye Faithful by Michael Bolt
14) Forest Green by Stefan Kristinsson
15) Sleep, O Sleep, My Lovely Child by Jack Cannon
16) Nations Awake by Matej Hrovat
17) Lieti Pastori by Fabio Vicentini
18) Deck the Halls by Toby Bresnahan
19) Christmas Festival Overture by Colton Provias

The album is terrific and it truly highlights the quality of sounds in the Garritan Sound Library. I strongly recommend downloading the album and adding it to your Christmas playlist.

Ever since attending a concert by PLOrk a few years ago, I have been thinking of ways to get alternative music ensembles - specifically electronic ensembles - integrated into the music culture of public schools. At my upcoming concert I will have a group called “Boom” perform using trash cans, hub caps, recycling bins, and milk crates. I am also going to incorporate a Theremin into the ensemble. The last time I had the group perform it was a huge hit, and I am looking forward to their performance.

As far as electronic ensembles are concerned, I have always been impressed by the Capital University MIDI Band, run by Rocky Reuter. They use many different types of MIDI instruments, including synthesizers, EWIs, electronic drumsets, and other instruments with MIDI triggers. Running an ensemble like this in the public school setting is possible, but expensive. I am also hesitant to breakdown my music technology lab for a performance. I am a huge fan of SoundBeam, but again, the cost is prohibitive at the public school level - at least for me.

Yesterday, I was introduced to a product through a video I found online that will be available in the US in the coming months. It’s called the Kaossilator from Korg, and it might just be the perfect way to get an alternative ensemble off the ground at the public school level. While I’m not sure what the price of the unit will be, if it is anything like the Korg mini KP or the awesome KAOSS pad - both priced in the $200 - $300 range - it will certainly be an affordable way to introduce students (and administrators) to the alternative music ensemble concept. I am looking forward to the release of the Kaossilator in early 2008!

Yesterday I read one of the most interesting articles on the New York Times website titled A Ring Tone Meant To Fall On Deaf Ears written by Paul Vitiello in June of 2006 about a ring tone for cell phones that is out of the typical hearing range of people over the age of 30. The tone is at 17kHz, way above the highest note on a piano, but not quite as high as a dog whistle. The article includes a link to an MP3 of the ring tone that you can play back to experiment whether or not you are able to hear it. Me being a musician with a trained ear, especially when it comes to audio fidelity, I was absolutely horrified when I realized that I could not hear it at all. I actually thought it was a joke at first. I played it over and over in my empty classroom hoping to hear something. But there was nothing. When my students came in the room, I decided to try a little experiment with them. Without saying anything at all (and with my computer audio coming through the classroom speakers) I played the tone for the students. They instantly put their hands over their ears and yelled “Stop It!”. I said “Stop what?” “That annoying high note” they replied. It was incredible. For the first time in my life, I felt old and left out. I played it for my colleague (who is around 30 years old) and she did the same thing. Amazing. I put my ear up to the speaker and played it at a very high volume - nothing. The human ear is an amazing thing, and mine is getting older. I can’t hear certain parts of the audio spectrum.

So what are students doing with this? Plenty apparently. They are setting their cell phone ring tones for text messages to a tone called “Mosquito” that the majority of their teachers (myself included) cannot hear. Brilliant. The article details a teacher on Long Island who can hear the tones, and one who cannot. Many of my own students told me that they’ve been doing this for a long time and that they play games with the new teachers in class setting off each other’s ring tones just to “mess with them”. Whatever happened to humming in class or tapping? What will they think of next?

I urge you to listen to the MP3 and see whether you can hear it or not. Play it for your friends, or your students.

I welcome your comments and suggestions.

I came across an incredible article on TechDirt.com the other day detailing an effort by some well-known musicians’ managers to create a surcharge on concert ticket resales. What this means is concert tickets that are purchased from 2nd-party ticket resellers (StubHub for example) would be charged an additional amount on the resale. Are they kidding? No.

Imagine finding tickets to a concert on CraigsList. You buy the tickets and see the concert. Managers are asking for money from that second sale, believing that the musicians are entitled to that additional revenue based on a similar “right of first sale” in the copyright world. I believe that once a ticket to a concert is sold, the transaction is finished. It doesn’t matter who bought the original ticket, there will still be only one person in that seat at concert time. I am not a fan of scalpers by any means, but if someone is willing to pay someone for the ticket that they legally acquired, what business is it to the band? What’s next? Every time I sell a used CD on Amazon.com I need to pay the original artist for the right? It seems to me that this is a simple case of greed in it’s ugliest form. While the intention of the managers might be to curb scalping, it certainly seems that the motivation is simply to make more money. Ticket prices are already high enough. When fans show up to a live concert, be thankful you sold the tickets in the first place - whoever bought them.

I welcome your comments and suggestions.