What is Digg?Warning: The Content in this Article May be Inaccurate
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- say592, on 02/06/2008, -103/+224Yet another reason why Apple is evil.
- zepoldesign, on 02/06/2008, -4/+124Seems like his issue is with his label and the contract he signed which probably gave them rights to distribute his music including digital services. Any money owed from iTunes should be coming from his label anyways and not directly from Apple. Factor in that he may have been given an advance for his recordings and digital sales could be essentially paying the label back. I'm not against the artist or saying the label is in the right but you never really know what is going on in these situations because you are getting only one side of the story. Saying he is being pirated by iTunes is sensationalist at best but it will definitely result in a major spike in traffic for his blog and some great PR (which never hurts). I had never heard of this guy until this popped up on Digg. Artists should really just stay away from labels and diy.
- retral, on 02/06/2008, -7/+107RIAA needs to end. Only giving 13% of sales to the artists themselves, using extortionist tactics on poor college students, suing people for money they don't have for pirating stuff that they (the RIAA) overvalue 10,000%.. obligatory "***** the RIAA!"
- evanstapler, on 02/06/2008, -8/+80Here is the torrent of his album "Soundtrack To A Vacant Life" referenced in the article: http://thepiratebay.org/tor/4006823/The_Flashbulb_ ...
- eridius, on 02/06/2008, -18/+77This is outrageous, the artist is trying to profit by slamming Apple even though the evil guy here is the record label that went behind his back and set up distribution on iTunes without telling him. For some reason, it's now "cool" to claim Apple's being evil even though Apple did absolutely nothing wrong here. But if he tried to get publicity by claiming his label was evil, everybody would just say "yeah, we already know that" and move on.
Stop blaming Apple for someone else's *****. It's pathetic.
And no, I'm not a blind Mac zealot, I'm just someone who's pissed off about misplaced blame. - Butterbean, on 02/06/2008, -14/+70who the hell is The Flashbulb...
- centerblack, on 02/06/2008, -8/+53His label had to give Apple permission to put the material up, so it's his //label// he should be arguing with. He needs to get a lawyer and sort out his contract. Apple isn't going to start pulling labels down at the behest of artists when their contract was negotiated with the label (which is probably negotiated on an annual basis and that's why it "can't be taken down for a year").
Besides, if he has a label, and he's selling his music, he doesn't REALLY want it off of iTunes. He just wants to get properly compensated for it. Trying to pull it off iTunes himself is just his attempt at saying "***** you" to his label. That didn't work so he made a torrent of it.
His label is in the wrong, not Apple. If they took the music down, they'd be breaking their contract w/ the label. Better to just let this guy and his label work it out instead of getting in the middle of it IMO. - signal15, on 02/06/2008, -0/+45I don't know about that. My friend's dad has over 20 albums out since the 70's, and they are being sold on iTunes and he is NOT being compensated for it. I believe he has hired legal counsel.
Artists ARE being screwed, but I don't think it's iTunes that's doing the screwing (at least in most cases). iTunes should be giving money from sales to the labels, who should be paying the artists. But the labels are not paying the artists citing that royalties from internet downloads are not listed in their contracts (many of which were written before anyone even knew what the internet was). - cdawzrd, on 02/06/2008, -11/+56***** THE RIAA
...er... - bobartig, on 02/06/2008, -8/+50What the hell is up with Wendy from Apple?
"Dear Benn,
I understand that you are writing to the iTunes Store because you are upset about finding your own album “The Flashlight” and some of your other album as well on the iTunes Store, and that you feel that you are [b]owned[/b]
royalties for this music that [b]his[/b] being purchased. I am sorry that you [b]have to[/b] found this upsetting. My name is Wendy, and I would be happy to link you [b]to right people[/b] to talk to about this issue"
...for great justice? - gavin422, on 02/06/2008, -7/+43What.cd even got behind his decision by posting his article on their front page and making his album free leech. I'm glad to see this new alliance between artists and trackers, and I hope it leads to a better future for the music industry.
Oh, and if you like the album or the cause behind it, you can drop him a donation at his site here: http://www.alphabasic.com/index2.htm - ChefGroovy, on 02/06/2008, -52/+86apple is teh suck
- moudig, on 02/06/2008, -14/+48The dude is pissed on Apple because he was duped by _his_ label. What a moron...
- Goose31, on 02/06/2008, -1/+34http://thepiratebay.org/tor/4011889/The_Flashbulb_ ...
FLAC version. The above is a V0. - Cronikeys, on 02/06/2008, -28/+55I am a huge fan of Apple... but that reply email he got is embarrassing.
- Mytzylplyx, on 02/06/2008, -41/+66This guy is a hack and always has been. He is an Aphex Twin rip off through and through. That quoted email was most likely written by him. Who at Apple would send an email about potential legal matters in regards to iTunes with so many errors and misspellings? Further, this is completely one sided seeing as we havent heard the response from his record labels. So whos to say hes not lying about the whole thing?
- worthone, on 02/06/2008, -5/+28Guess what!
"I currently release music with one record label, my own. I own 100% of it and I own 100% of the mechanical, publishing, and performance rights to my music. The same goes for any other album I’ve released in the past, I’ve reacquired all rights back from the labels. As it is possible that some 3rd party had uploaded my music to iTunes, they are still lacking any sort of competence in establishing communications with their artists. If you buy my album on iTunes, there is simply no route in which that money can ever get to me."
Source: http://www.bennjordan.com/blog/. Try reading it, you might wisen up. - 37prime, on 02/06/2008, -1/+23His Publishers should have some answer, no matter how lame it could be.
- uhohzombies, on 02/06/2008, -2/+24The Flashbulb has been around for a looooong time (over 10 years) and just because you've never heard of him doesn't mean he's a hack or out for publicity. He's been doing just fine until now. As for the Aphex Twin ripoff comments, ok, everyone that makes IDM is ripping off Aphex Twin and everyone who makes pop music is ripping off The Beatles? Actually listen to the album he's giving out for *free* and you'll notice that he has a lot more in common with Amon Tobin and Cinematic Orchestra. But hey, I guess Amon Tobin is ripping off R.D. James too, right?
- fkr3, on 02/06/2008, -2/+23I find that a bit suspicious.... I've traded emails with iTunes' support a number of times over the years and they've always been literate and much more prone to resolving an issue.
- HappyScrappy, on 02/06/2008, -4/+24*****. He says that "literally a file cannot be removed from iTunes for a year". Bring a legit lawsuit and you'll see those files disappear in under a day.
And if Apple put his files up, it's because they think they have a legit contract with his label to put them up. If this guy really thinks otherwise, why didn't he respond when Apple's lawyers wanted to discuss it with him?
He's just playing this ***** for publicity. - digitalcamo7, on 07/31/2008, -11/+28This guy is lame... this isn't news. Apple isn't to blame. Do you really think that a multi-billion dollar company thinks to itself, "we have sold BILLIONS of songs, but maybe we could make more money by ripping off this guys that no body knows or cares about!" He has a crappy record label- its that simple. I hope he fades into oblivion just because he is trying to get attention. P.S.- He never said anything about what happened after he got in touch with Wendy at Apple. My guess is that the story becomes a whole lot less juicy.
- Boreras, on 02/06/2008, -3/+19Most artists can't pay much more attention to their contracts, because then they wouldn't have one.
- colincornaby, on 02/06/2008, -6/+22"When I finally got a hold of the digital distributor (I must note that “digital distributor” is the most pathetic job title I’ve ever heard), I was told that once the files are in the iTunes system, it literally couldn’t be removed or taken down for a year. So, either Apple has created a self-aware doomsday machine that cannot be stopped or reasoned with, or everyone involved is just enjoying the gravy train of ripping off artists like myself and using Apple’s backbone of attorneys as an intimidation factor."
This isn't true. I've had Apple email me when I redownload music from iTunes telling me that they can't let me redownload certain tracks because they're no longer available. Also, NBC pulled all their content from iTunes. - herrstabby, on 02/06/2008, -8/+23Simply put, the Flashbulb is good music. ***** you. Besides, we're getting to a point where we don't need the music industry. Down with the middlemen!
- jetcombo15, on 02/06/2008, -3/+16I'm glad he supports BitTorrent, all the albums I have from from him came from OiNK.
- inactive, on 02/06/2008, -12/+25I love how he thinks he owns his music. Not just that he thinks he is legally able to upload it to bit torrent sites, but that "if someone gets caught, I won't press charages."
If he feels that way, he should give back every single penny that his record label spent on making his CD. - pintomp3, on 02/06/2008, -12/+25***** THE RIAAPPLE
- 400zone, on 02/06/2008, -30/+42I love how Apple fans think that the company is so pro-creativity and "different" from the mainstream when its obviously devolved into being another faceless corporate entity. Mind you, I have no problem with big business, but Apple fans seem to think that their unique because Apple is so hip and artsy and cares about its users.
Examples like this and the botched iPhone launch (bricking, rebate fiasco, etc.) show that Apple is nothing like its purveyors want it to be. Its slowly turned into the being that it was trying to separate itself from. In an ironic twist, Apple is the new Microsoft; where suspect tactics are employed to become the leader in the market. - shark72, on 02/06/2008, -6/+18So the secret is:
1. Get a record label to fund the recording and production of your music
2. Distribute it for free and collect donations. Keep the money for yourself.
3. Steal underpants.
4. Profit! - inactive, on 02/06/2008, -3/+15A *****? Really?
- thatsmyaibo, on 02/06/2008, -18/+30I was a total Apple fanboy until they charged me for a firmware update for my Touch. The apps were already developed for the iPhone so they decided to tap early adopters for more money.
- Mike89, on 02/06/2008, -2/+13Sorry to comment jack, but a lot of people posting in here seem to be missing this (quoted from "Read First", it came with the torrent):
"So, now what?
Like the album? About to go "support the artist" on iTunes?
Well, don't.
Alphabasic is currently in a legal battle against Apple because NONE of our material (Sublight Records included) receives a dime of royalty from the vast amount of sales iTunes has generated using our material."
It's not a miscommunication with his record label.. Aplle aren't paying the record label at all! - domness, on 02/06/2008, -1/+12I agree with you here. It is actually the labels who distribute the artists music to other things such as iTunes.
- centerblack, on 02/06/2008, -8/+19The label entered into an agreement with Apple to distribute the album on iTunes for 1 year. If they are breaking a contract with their client by doing so, then it's the labels responsibility to either compensate the artist properly as per their contract or to negotiate a withdrawal from their agreement with Apple.
Trying to involve Apple in this is senseless. The label may be at fault, or this guy just signed a ***** contract. Either way, it's not Apples problem or business until he sorts it out with the label. - ndelc, on 02/06/2008, -0/+11No one here seems to understand how iTunes works. Apple doesn't sign with artists, they sign with record labels. If his music is being sold through iTunes, he has a beef with his label, not Apple. My guess is that he didn't look too closely at the contract (specifically the digital distribution) when he signed it. If the label controls the rights to the music, they're free to sell it anywhere they want.
Regardless, his best bet is to get a lawyer and go after the record company. Apple wouldn't remove the music at his request because he probably doesn't own the rights to it. The music industry is a complicated beast. I'm a musician. I believe that if you write it, it should be yours. It sucks, but that's what happens if you're not careful. Many musicians are just so happy to have a record company take interest that they sign all their rights away.
The bottom line is, Apple doesn't just go out and grab music to put on iTunes, it has to be given to them. There sure have been a lot of Apple/iTunes hit pieces circulating lately. Perhaps the competition is behind it. - JeffD, on 02/06/2008, -0/+11Yes. He is a bundle of wood.
- Niightwitch, on 02/06/2008, -5/+16I think he's being hypocritical....it was fine him downloading music and someone else losing money, but now that iTunes is selling his music and it's him losing money, it becomes a problem for him.
- weareglass, on 02/06/2008, -1/+11Alright, so I investigated more, which suggests you need to take your own advice.
Simply cruise on down to http://en.wikipedia.org/wiki/The_Flashbulb and you will see he *CURRENTLY* releases music on Alphabasic, which is most likely his own label, but in the past, the majority of his albums were released on Sublight Records, the label with which the offenses seem to be committed.
Further researching, we can find that both his albums on iTunes were released by Bohnerwachs Tontraeger ( http://www.discogs.com/label/Bohnerwachs+Tontraege ... ), a label based out of Germany. So, pretty effing unlikely that the German-based label is his own since he's based in America. - daihard, on 02/06/2008, -1/+11Your explanations sound most sensible of all the comments I've read here so far. :)
- SumguyTwentyOne, on 02/06/2008, -1/+11Eh, I'll post the response he gave on his blog.
I came home from a night of bowling to find a hundred Myspace messages about all the torrent-uploading-hoopla. A few of them were really nasty and accusatory, but I realize that some of these accusations are due to the Torrentfreak.com interview, which I didn’t really elaborate certain things all that much… (my bad, the write-up is really well done compared to how quickly the interview was done)
1. I currently release music with one record label, my own. I own 100% of it and I own 100% of the mechanical, publishing, and performance rights to my music. The same goes for any other album I’ve released in the past, I’ve reacquired all rights back from the labels. As it is possible that some 3rd party had uploaded my music to iTunes, they are still lacking any sort of competence in establishing communications with their artists. If you buy my album on iTunes, there is simply no route in which that money can ever get to me.
2. This all started from a private tracker putting freeleech status on my album after I uploaded it. Within 48 hours it became the most grabbed album on the site. Then the word started spreading outside of the network. While I’m extraordinarily grateful for it, please understand that there is no way I could’ve orchestrated this publicity.
After all these years of being a musician/composer, I’ve slowly learned how the spread of mainstream information works. It seems like when you’re dealing with a controversial story, people don’t learn all that much. The unknown information becomes assumed facts and it just gets spun into whatever directions supports their previous opinions. For example, any of these headlines could fit this situation (and while not verbatim, you can do a quick search to find actual similar blog and article posts):
-THE FLASHBULB PROMOTES STEALING MUSIC, THINKS MUSIC SHOULD BE FREE
-DUE TO PIRACY LOSSES, ARTIST RESORTS TO BEGGING FOR TIPS INSIDE ILLEGAL DOWNLOAD FILE
-THE FLASHBULB RELEASES NEW ALBUM FOR FREE
All of these are true, in their own weird spin. At the same time they’re all misleading to support the writer’s opinion. You’ve heard my opinion in the interview and on this blog. I simply like the idea of NOT ignoring or criminalizing the percentage of my listeners that pirate my music. While they don’t literally buy my CDs, they certainly do help a lot by spreading the word about songs they like and coming out to shows. This is common sense, and I’m embarrassed that I’m even typing it. The only reason I’m typing it is because some labels and artists can’t seem to grasp the concept.
Finally, Apple is a sociopathic, greedy, deceitful, environmentally-unfriendly corporation. You know how I know this? Because they’re a corporation…a really giant one. It doesn’t matter what their ad-campaigning or hip president has to say, if they do anything other than make the most shareholder profit as they possibly can, it is ILLEGAL. That includes leading you into a crappy cellphone contract, refusing to replace your defective 1-month old battery, or hiring representatives to deal with artist issues that are competent and paid a living wage.
Apple has one goal, to make their shareholders money. If you’re so dedicated to this computer company that this information hurts you, then remember that Microsoft and Ikea and every other public corporation in the world is the exact same sociopathic entity. My quest isn’t about bashing Apple, it is about exploring and testing the music industry in an attempt to find a place where both the artists and listeners are happy. It doesn’t go any further than that.
Anyways, most importantly, I’d like to thank all of those who have spread the word and sent their support. I’m so very happy that this is getting publicity, because it is steering other artists into this direction. Speaking of, Braindance legend and my good friend Cylob has released his new EP under the same “Buy it if you like it” distribution plan. And more ahead, I’ve been having meetings with other artists, labels, and even site admins about furthering this movement! - inactive, on 02/06/2008, -9/+19Whats the use to the artist if apple only drm's it, makes money off of it, doesn't let him have any say in its use ans doesn't give any money back to the artist.
- ZeDJS, on 02/06/2008, -3/+13if anything, here's some free advertisement =)
- neio, on 02/06/2008, -0/+10Did he name his label in the piece or did he singly out Apple for being the bad apple (sorry about the pun) in the bunch?
- borez, on 02/06/2008, -4/+13I agree with centrblack, his label had every right to put his music up on Itunes.
FYI: As a UK artist I formed a my own shell record label and when I finish a tune I use this company ( this is not spam by the way )
http://state51.com/
Who basically upload my track to virtually every digital site going. Therefore any label who I sign tracks to will basically do the same thing without actually knowing the track is already up there ( It usually appears on the labels specific page, away from my own uploads anyway ) So a search for my track will usually go to me, not them. Because I do this before signing to the label, it's perfectly legal ( i.e. their problem for not doing the research )
I get most of the money, I've never been caught yet.
Either swim fast, or get eaten by sharks in the music industry. - centerblack, on 02/06/2008, -2/+11IMO:
His label may have negotiated a deal to distribute the album for a year. Apple can't take it down while they are contractually obligated to distribute it.
Anyway, his beef is with the label, not apple. - pintomp3, on 02/06/2008, -8/+17wendy should have included "We also feel you are getting paid too much for the music you create. You should only get 4%"
- acomj, on 02/06/2008, -0/+9Actually they do it due to some obscure new accounting rule. My friend whos an accountant tried to explain it to me, but it has to do with costs associated with ongoing maintenance for revenue they're already booked or some such thing. They have to charge enough to pay for the development or they've "deceived" in there previous financial statements about revenue (or some such thing), especially since it adds functionality. I think apple got bit by a lawsuit before, other companies will probably start doing the same.
Its stupid, but it is what it is.
Computer business accounting is wierd. - DeathJux, on 02/06/2008, -5/+14The Flashbulb is, simply put, the best electronic artist that I've ever heard, and my favorite artist of all-time. His music is in the same vein as Aphex Twin/Squarepusher/Venetian Snares (drill and bass type stuff) but there's a thread of consistency through all of his songs.
I can't stand a lot of songs by the aforementioned artists, due to the chaos, but The Flashbulb's stuff wraps that chaos around a consistent thread of order, taking it to heights I've never before experienced. - SigmaDraconis, on 02/06/2008, -1/+9http://digg.com/users/Bigmrj/history/comments
A pathetic attempt at spamming self-submitted articles. -
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