Remember when I asked — rhetorically and remixically — whether there were limits to your love for Soundcloud? Well, it took a little over two years, but the super smart sample-sniffers over at Audible Magic have apparently finally decided that one of the two mashups I made by way of commentary / limit-testing should be removed for possible copyright infringement. Here’s the notice I received today:
When one clicks through to options, note that there is no recourse for anyone who does not own the copyright or have permission. In other words, there is NO FAIR USE in this world. Soundcloud does not want to be in the business of adjudicating the lines of transformative use; it wants to be in the business of datamining and other forms of monetizing all the activity on the part of users which makes the site what it is: yet another popular privately-owned public space.
I won’t go into all the lurid details yet again. I’ve said enough about Soundcloud’s practices & policies, as have others. But I promised “to keep you posted” on this little experiment, so I had to share this development here.
I can protest all I want. I can include lines like the following in my description: “I contend, especially for the purposes of critical commentary and educational applications, that this constitutes a ‘fair use’ of all materials.” But the bots won’t care, and I doubt the humans will either. Best I can do, if I really care about this audio residing on Soundcloud (which I don’t), is to upload again, perhaps with a little more sonic camouflage.
No need to bother with that. The limit has been reached. That said, I’ll be curious to see when/whether the “content protection system” (a rather Orwellian ring to it, no?) figures out that the removed mashup’s mirror-image twin, the “Feisty version” — the better/weirder, and the more popular of the two, as it happens — is still just sitting there, brazenly violating copyright–
Plus, I’m happy to note that the Blakey version is still available, with helpful visual tracking, c/o Vimeo:
Finally, my commitment to never paying Soundcloud for their “service” remains strong as ever. We’ll see how long my account lasts over there. Considering that I neither hold the copyright nor have permission for ANY of my uploads (which I suspect is the case for the majority of users), despite all of them bearing rather audible marks of my creative labors, I wouldn’t be surprised to see them disappear one by one. Get em while they’re there, and when they’re not, come get them here.