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How Apple Influenced The Labels To Shut Down My Music Streaming Startup

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Re: How Apple Influenced The Labels To Shut Down My Music Streaming Startup

#81
post #70

Earlier quoted context omitted.

Even if you can show the intention of the developer was to aid the user in taking a certain action, if that action can be legal in some cases, how can that be held against the developer? Is a gun scope illegal because it helps a shooter hit their targets where sometimes shooting those targets is an illegal action? Should torrenting be banned because it is often used to transfer illegal files even though there are a l…

The beauty of law being a human institution is you get to look past such fig leaves. Here, the fact that the author billed SeeqPod as a "streaming music startup" tells you all you need to know about whether his service just incidentally facilitated copyright infringement, or was designed to profit from its users' copyright infringement on a mass scale.

I don't think "streaming music startup" implies copyright infringement. There are certainly mp3s on websites that are not infringing on any copyright.

I think this situation might be similar to google/images rather than youtube as others have suggested. Google certainly indexes tons of images which infringe on someone's copyright. Furthermore you can view them directly in google/images.

Re: How Apple Influenced The Labels To Shut Down My Music Streaming Startup

#82
post #70

Earlier quoted context omitted.

The beauty of law being a human institution is you get to look past such fig leaves. Here, the fact that the author billed SeeqPod as a "streaming music startup" tells you all you need to know about whether his service just incidentally facilitated copyright infringement, or was designed to profit from its users' copyright infringement on a mass scale.

I don't think "streaming music startup" implies copyright infringement. There are certainly mp3s on websites that are not infringing on any copyright. I think this situation might be similar to google/images rather than youtube as others have suggested. Google certainly indexes tons of images which infringe on someone's copyright. Furthermore you can view them directly in google/images.

> There are certainly mp3s on websites that are not infringing on any copyright.

When you bill your service as a "streaming music service" 99.5% of your users will use it to listen to Taylor Swift, and by billing it as such single apparent inference is that you intend for them to do that. The non-infringing uses are just a fig leaf--something you point to trying to cover up the obvious.

Google Image search is different. People don't primarily use GIS to find images that are hosted on the internet without the copyright owner's permission, nor does Google do anything to market to that use.

Re: How Apple Influenced The Labels To Shut Down My Music Streaming Startup

#83

Can somebody with background on the law please explain how this is or isn't an anti-competitive practice? i.e., Warner Bros sues Apple's rival at Apple's request.

For one, there's no actual evidence that actually happened.

Re: How Apple Influenced The Labels To Shut Down My Music Streaming Startup

#84

Can somebody with background on the law please explain how this is or isn't an anti-competitive practice? i.e., Warner Bros sues Apple's rival at Apple's request.

Because in America its only anti-competitive if you can't pay off the people who decide if it is.

Care to point out where this guy's startup was paying royalties for the music streamed?

Re: How Apple Influenced The Labels To Shut Down My Music Streaming Startup

#85
post #82

Earlier quoted context omitted.

I don't think "streaming music startup" implies copyright infringement. There are certainly mp3s on websites that are not infringing on any copyright. I think this situation might be similar to google/images rather than youtube as others have suggested. Google certainly indexes tons of images which infringe on someone's copyright. Furthermore you can view them directly in google/images.

> There are certainly mp3s on websites that are not infringing on any copyright. When you bill your service as a "streaming music service" 99.5% of your users will use it to listen to Taylor Swift, and by billing it as such single apparent inference is that you intend for them to do that. The non-infringing uses are just a fig leaf--something you point to trying to cover up the obvious. Google Image search is differe…

> Google Image search is different. People don't primarily use GIS to find images that are hosted on the internet without the copyright owner's permission, nor does Google do anything to market to that use.

I agree with your general interpretation of the case here, but I wouldn't be surprised if the primary use case of GIS actually is copyright infringement: finding images to paste into your Web site, PowerPoint presentation, Word document, or what have you. Google is, interestingly enough, rather silent about what GIS is actually for.

Related is YouTube, which even post-lawsuit-and-Content-ID gets a huge amount of use for music piracy. But it's probably easier for them to argue post-Content-ID that they've done a lot to actively discourage that use.

Re: How Apple Influenced The Labels To Shut Down My Music Streaming Startup

#86
Being a search engine for independents seems like a good idea. It's another area where eliminating anonymity can help. The problem for someone in that business is people putting stuff they don't own into the system and getting them sued. By making people more accountable that problem should go away.

People on the web today are not really anonymous and not really identifiable either. I think we need to fix both of those problems.

Re: How Apple Influenced The Labels To Shut Down My Music Streaming Startup

#87
post #67

Apple knows that they can't compete in the market, so they try to compete in the courtroom instead. It's the same reason they tried suing Samsung for such frivolous stuff as "icons with rounded rectangles" and "over-scroll rubber banding". That said, HN is pretty much an echo chamber of Apple fans, so you're unlikely to get many here to admit that they do anything wrong.

> Apple knows that they can't compete in the market

Have you been paying attention at all the past 10+ years? Please explain they success they have had and how it came from their courtroom escapades.

Re: How Apple Influenced The Labels To Shut Down My Music Streaming Startup

#88
post #21

Earlier quoted context omitted.

I built a third party app using their API, I always wondered the reasons for shutting down the site as it just went down one day with along with its API and a vague message on their homepage. They had a web crawler indexing all publicly accessible songs or mp3 files which made up their search, the API let you query this database including a cached version of the song hosted on their servers. They weren't just a searc…

So they were like a "jukebox" for playing the copyrighted content, streaming it themselves, just like Google's YouTube does. The conceptual difference is that the users themselves upload the material to YouTube, whereas SeeqPod cached the content of other sites (like Google search does, albeit not with music and videos). I'm not surprised that they were on the list of "problematic" companies of record companies. It's…

May be it matches more to Bing Video search? It allows users to play them inside Bing.

Re: How Apple Influenced The Labels To Shut Down My Music Streaming Startup

#89
post #21

Earlier quoted context omitted.

I built a third party app using their API, I always wondered the reasons for shutting down the site as it just went down one day with along with its API and a vague message on their homepage. They had a web crawler indexing all publicly accessible songs or mp3 files which made up their search, the API let you query this database including a cached version of the song hosted on their servers. They weren't just a searc…

So they were like a "jukebox" for playing the copyrighted content, streaming it themselves, just like Google's YouTube does. The conceptual difference is that the users themselves upload the material to YouTube, whereas SeeqPod cached the content of other sites (like Google search does, albeit not with music and videos). I'm not surprised that they were on the list of "problematic" companies of record companies. It's…

[deleted]

Re: How Apple Influenced The Labels To Shut Down My Music Streaming Startup

#90
post #72

Earlier quoted context omitted.

I was under the impression that the UI was pretty incidental in most judges' interpretations that platforms used mainly to locate copyrighted material were on shakier ground than platforms which incidentally, and despite ostensibly significant efforts on the part of developers to limit it, could be used to locate copyright material. It's not like Google doesn't get hit by content-provider lawsuits either, it's just t…

When people think of "copyrighted" material they usually think Songs, Movies etc. However if you stop and think about it most content on the web is copyrighted, from the news articles you search for to images and websites themselves. With that in mind Google also is used "mainly to locate copyrighted material"

Hosted by the copyright holder. A crucial distinction!
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