Tuesday, January 29, 2008

The New and Improved Bearshare? (A Open letter to the maker's of the New Bearshare File Sharing Software and the Music Industry)


Okay, hears the jest of it. I download all my music from my laptop and transfer it to my music computer at home. It has no internet access, so I do a file transfer. Guess what after spending (wasting rather) several (over 8) hours downloading some music the only thing it will play on is my laptop. I even went as far as hooking up my old computer to a phone line and loading bearshare on it and nothin' and I mean nothing at all. None of these files will play, media player cannot load the license, they won't even play through bearshare's media player. I can't even use my laptop to burn them as regular audio so I could play them in my car. This even after purchasing the license for the music. (And unfortunately, though I agreed to pay for the license they still tried to charge me a fee for things I didn't download incl. the over-price Pro version. Now that they had my CC no. I was forced to put a stop on all charges from them.
Bottom line, The New and improved Bearshare SUCKS. I have since removed all traces of it. I myself am a musician, and I firmly believe that if someone purchases a cd it's their property and they can do with it what ever they want. Since it seems that my old bearshare for some reason will no longer work since having this loaded, I can only hope you pusses will grow a pair before handing over that 30 million and realize the more you give in, the more control the government and greedy companys will take over you and all of us. Yes I download free music. Why? I personally know that it cost less than a buck 50 to record, produce, package, market, and sell any music cd and less than 2 for a double cd set. The average royalties earn by all involved from the writers, musicians, and production to point of purchase(including profits) is less than 3 bucks. So where does that money go? You guessed it right in to the filthy fat pockets of the record label companies. Oh, AND no some of that does not go into touring promotions and the like,even though the record company's foot the bill for most of it, they charge it back to the musicians. Yes, I can read a contract. And those advances; yep you guessed it, that's all they are. They must be paid back before you receive a penny from that first album.
Do the math idiots. Average Cd price paid today at a music store, around 25.00. Average price at a discount or dept. store; around 20.00. Taking an average of 23.00 less costs (incld, royalties, Prod. etc.) that leaves over 18.00 going directly into the fat record company's piggy's' pockets. Basically, though millions could be made off that first album, for the musician or band it was nothing more than a freeby they did for the music company. And let's not forget ASCAP or BMI of which will shut down us poor musicians if we don't join their unions and pay out ridiculous fees annually. There is no such thing as a independent artist. From the lowly studio musician to the arena filling superstar; if your not a member, you don't get to play professionally or even semi-pro. So now the lowly musician must give back over 1/3 of their music income to these jokers. It's all these fools who should be charged with a crime, of robbing us all. And of course let's not forget the lovely radio stations who also to play music must annually pay upwards of 30 to 90 thousand dollars (and that is just the small to semi medium markets) in fees. Guess we know why talk radio has become so popular now. Who's next? Well, let's try the satellite radio market who have tried to get past paying out a fortune in fees by broadcasting multiple genres into their own media players. Not for long if Ascap and BMI has their way. They are already starting to implement changes as to how their fees are applied to this new market in a way that will fatten their pockets even more. And just who benefits from their so-called union(s)? They do of course. Who does not benefit? Not the artist's whom they claim to be protecting their rights. Unless, a good majority files a complaint, they do little more than protect their rights by seeing that more money flows into their unions pockets. Think mafia and protection money. Just who where these guys protecting, the lowly shopkeep from? Answer; their own thugs.
And don't think that you can escape their clutches. My drummer who just left us to join a Progressive Christian rock band though we advised him to have a attorney look over it he didn't. He was told after he signed the contract with the record company, that before he could perform, he must now join one of these unions and that since he had already signed a contract with them, he would be in breech of contract if he didn't. This is because, they cannot allow him to record or perform any of their music unless he was a union member.
Ever wonder why you don't see as many jukeboxes now? Yep, Both ASCAP and BMI filed a suit in the 1980's to collect fees from those who had these machines in their place of business so that the supposed "artists" could collect their fair share of royalties. The court shot this down initially but, after a few months of lobbying the right people (a little cash here, a little there), a bill was passed that in affect made it a law for them to collect fees. Now the average cost of a jukebox then (1980's) was around $2,000. The average take on one of these machine (say in a small club for an example) in a year was about $800.00. Average maintenance and repair costs as well as new record replacements a year was around $300.00+ a year. Average union fees charged $3,000.00 to $8,000.00 a year. Once again do the math; they were just not worth it. Oh, and yes, don't we just love these professional DJ's in the clubs? Guess what, they too are required if they act as a contracted professional to pay usage fees to these unions or face the possibly of being fined big money. And for those of you "DJ's" out their who say you've never heard of such a thing; ask your boss at the club especially if your in their employment and not contracted, if they are paying a fee to ASCAP and BMI for you to spin your records. If they hire live bands they must pay as well, even if the band's not unionized. I had the lovely experience in 1993 of having my band shut down one night because the owner of the club had not paid up his annual usage fees to ASCAP & BMI. He had missed his $18,000.00 yaerly payment. Yes if your a cover band who plays for pay, you are supposed to pay for the use of those songs or the businesses that hire you are. The only loophole thus far is if you perform for free or do your own works. My current band only does free outdoor family oriented summer shows. This is the only thing that has saved us from the possibility of a fine so far. But, that loop is about to be sewed shut as the Union is lobbying for congress to further restrict the laws so that even guys like us will have to join up. To all you guys out there on myspace music, get ready. You may enjoy the new found free publicity your getting but, it's about to cost you. And we're not talking a flat rate for dues. No, no, dues are based on money earned unless your a recording artist. (That's when it get really complicated). You will pay roughly around 30% of that to them or more. And soon if you play any tunes other than you own works you'll have to pay a royalty fee to them. So if that video or recording you've got posted on myspace isn't you own work you may get shut down, and for damn sure give credit to the original artist and writers when posting cause, all these sites are now required to remove any content that doesn't give credit to the original owners.
Oh, and P.S. - don't forget if you do your own works be sure and have it copyrighted before performing it. And if your an independent don't think you can record, produce, manufacture, and distribute your own CD's to any radio or other "Broadcasting" company without being a member of the union, and under contract to a record label as they have adjusted the laws over the last two decades to stop any of these companies from playing independent works. And if you did copyright it, remember, before you can get a recording artist to do it you will either have to sell it and give up all rights including copyrights and any titles to the recording label including as the author unless you are a member of one of these music unions. Of course then if you are a member they must pay you royalties which, you give a hefty percentage of back to the union.
I know some joker from the recording industry, ASCAP or a other member/person is whining and crying right now telling me I'm full of horse hockey, and that their dues are not that ridiculous. And you know what, you're right. Their not, until you start adding up all the different dues together (ASCAP, BMI, AFM, etc.)And though I myself am basically bitching too, I find it very unfair that my small town who has our band perform during the summer twice a month in our downtown park is telling us that they may have to stop due to the fact that they may be required to start paying fees to the industry unions if they continue to allow us to perform since we are going beyond what is usually allowed for open shows by non professional artists. Basically all we do is get several of the area bands together and put on live free shows to entertain and help to keep the youths off the streets and hopefully away from predominant drug scene in the area. It also gives the people here somewhere to go for fun with the family without having to drive 50 miles away.
So here's to the entire music industry giants and their unions, there's an old saying about getting blood from a turnip around here. Well, turnips don't bleed.
Also you wusses can keep your new and dis-approved Bearshare. Theres no point in it wasting up space on my computer if I can't use what I download. And to any musicians who think these Big business's and union's are looking out for their best interests, wake up and smell the coffee, if you can still afford it! It's not your pockets their worried about. It's their profits cause the more they collect from all of us, the less we musicians will gain. They will just up the percentages in their favor and you'll still be poor and and in bondage to them. And unless, I am a complete idiot myself, isn't that what the copyright protection laws were meant for to begin with; To protect the published works of an artist(s)? So now just what exactly is the union's protecting me from? Maybe it's to keep me from having any money in my wallet? Or how about to keep me from purchasing anymore music equipment? I know!!!! It to help keep those evil bill collectors at bay (haha)!! NOT!!!!
And P.S. Though they claim that this new Bearshare is adware, spyware, and hitchhiker, and virus free, I found it to be loaded with it, even more so than it was before.
And for one more tidbit of information check out this website I will be posting up. It's from the Gnunella forums at Bearshare's own website. This was posted by the Angry Pirate: "As part of the agreement between RIAA and MusicLabs, BearShare will become a legal P2P service by being purchased by iMesh. This new version will be version 6.0 and will be free for the first 30 days and then will cost money. Here are the links I found this story reported at".

http://today.reuters.com/news/Articl...A-IMESH-DC.XML

(Since, I sent a copy of this letter to Bearshare before publishing it here, this site has suddenly drop the article. It basically blasted Bearshare really good).

(The other site below now has the article written in a more favorable attitude towards Bearshare but, if you'll now notice it now states that it is an advertisement for Bearshare rather than the news article it once was.)

http://news.digitaltrends.com/article11122.html

IN other words they can keep their new software. I have had enough of being screwed up the arse!
And I have ask them to remove me from their email lists. I will report any new emails as phishing scam spams and to the proper authorities!

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