Spotify's Beta Used 'Pirate' MP3 Files, Some from Pirate Bay (2017)
torrentfreak.com
torrentfreak.com
Don't worry about "regulatory." If your product matters, then you will be able to afford to solve the problem. If your product doesn't matter, then "regulatory" will not be an issue. Just ignore it.
I personally find this concept pretty darn offensive, but it is exactly how the world works. It's a really important lesson that I really wish I had learned earlier.
https://news.ycombinator.com/item?id=42677087 (see top reply)
Same with LLMs and copyright, I suppose.
What was the difference? Did not have the correct investors? Did not have a unique enough product?
I would assume the latter. However, this is an interesting topic for discussion.
The file lockers that pirates use today operate under the radar. The owners don't do interviews and they use crypto.
Regulatory does not matter if your product does not matter. Megaupload did matter, and did not solve the regulatory problem or change the business model.
Maybe it came too early for the solution or alternative business models to become apparent.
I like to think that early exposure helped immunize me against some other self aggrandizing grifters over the decades.
https://www.theregister.com/2002/01/22/kimble_schmitz_deport...
Theranos was also a fraud. I am not talking about outright fraud.
I am just some shmoe, so I would love someone else to put this more clearly. Is what I originally posted intellectual property/regulatory arbitrage, vs. fraud?
Is there a better way to state this difference?
Theranos was completely fraudulent and there was no way to tell.
What a time to be alive!
This is generative AI music, aka the future of music?
For example, Grooveshark was a direct competitor for Spotify with similar apps and features around the same time[0]. It got sued out of existence by the music industry, and back then quite a lot of music on both had that bootleg audio quality that sure points to piracy.
I remember going to Europe from the USA around 2012, and everyone was already using Spotify. Their music experience was vastly superior to ours. IIRC, they were based/avail in countries with really loose music copyright laws. Was that what made the difference? They grew huge where they could, before the hammer came down? Then too big to fail?
Again, IIRC, when the US music labels wanted to shut them down, they instead said: "hey, why don't you just buy a big piece of Spotify. We are already your distro. F the artists." I remember thinking that this was a gangster move. (btw, I still refuse to subscribe to Spotify.)
As a personal philosophy, please, someone help me avoid nihilism.
Between 2006 and 2016, no one in the Nordics and Eastern Europe cared about piracy. By the time Spotify became prominent enough in the West to compete with music sales, it had already mainly been legalized.
Grooveshark was in the US, which has a very litigious business climate and is world-leading in copyright enforcement.
I can't think of a more plausible explanation. But I will say that breaking laws to later legalize is still only a successful strategy if one doesn't get caught. If anyone thinks this is a good strategy, I'd say there's survivorship bias going on.
> I'd say there's survivorship bias going on.
I agree that there is definitely survivorship bias happening here. However, what exactly is the punishment for failure? Is it worth the risk for the founders?
I also agree with your assessment, by the way.
Which cultures are we talking about? I assume not the US.
Look at Sean Parker - Napster got sued to oblivion, he became first president of Facebook and made literal billions.
His cofounder (Shawn Fanning) didn’t make it quite as big, but still sold a company to Blizzard for $30m. Plus whatever he made out of HNT.
Neither seemed to suffer any kind of stigma for their involvement in arguably the highest profile piracy startup.
imo the difference is that spotify at least tried to hide it
when you searched for songs on grooveshark you'd get names back like "Tame Impala - The Slow Rush (2020) Mp3 (320kbps) [Hunter]"
also IIRC grooveshark never even tried to set up revenue share with labels/artists
Spotify cheated behind the scenes and a veneer of following the rules, which eventually transitioned into actually following the rules and paying out artists
> Speaking of industry incestuousness, I suggest you read more about Tencent’s 9.1 percent stakeholding in Spotify, which is awe-inspiring in its spider’s web of vested interests. The short version: Tencent Holdings is about to own 10 percent of Universal, which in turns owns around 3.5 percent in Spotify, which in turn owns around nine percent in Tencent Music Entertainment, which in turn is part-owned by Universal’s two main rivals (Warner and Sony), but remains majority owned by Tencent Holdings, which in turn owns 9.1 percent of Spotify. (And, yes, no kidding, that’s the short version.)
Sorry for the tangent, but I've always wondered: does Tencent's partial ownership of Reddit give them any access to Reddit's internal data? Is that how that generally works, or am I making uninformed assumptions?
The answer is probably a bit more nuanced, but broadly, you're making uninformed assumptions. Blackrock own about 5% of Apple, Nvidia, Microsoft, and we don't see people throwing around accusations that they're fiddling with their runnings.
I used to work for a company that Tencent had a minority (but significantly larger than 9%) share in, and they approximately 0 influence in our operations. Some places will be different, but if you've ever worked anywhere with a parent company you'll be familiar with just how untrusting the subisidiaries are. Honestly, I think the best way of thinking about it is the Larry Ellison Lawnmower joke - they're not out to get you, they don't care.
Whether or not that remains to be true going forwards who knows, but that's the same of any organisation anywhere in the world, and as someone who lives in Europe I'm far more concerned about what the US is doing right now.
Tencent, despite being a for-profit company, may still have political motives pushed onto them from the very top. This is true for all chinese companies (because if they don't "comply", the very public example of jack ma is the answer).
Now, of course, it doesn't mean this power is utilized all the time or everywhere. It simply means that the opportunity exists for such power to be weld if the state calls for it. Just because it hasn't happened so far doesn't mean it can't. It's different from Ellison Lawnmower, because the political differences between the countries.
Thats not true, at all.
They have donated millions in the 2024 election alone to a number of politicians[0]. They definitely have political motives
[0]: https://dallasexpress.com/uncategorized/blackrock-giving-big...
How do you figure?
Please paste this above all future comments you post to save HN readers’ time.
Seriously? You can say that with a straight face?
> Tencent, despite being a for-profit company, may still have political motives pushed onto them from the very top. This is true for all chinese companies
And that definitely won't happen in the US [0].
The fact that the US is now voting in the UN with Russia, Iran, NK, which mindlessly pushes the EU towards China is mind-blowing, and entirely understandable.
source: EU born, lived most of my life in the USA, then back in the EU for the last 10 years. I will truly miss the century of Pax Americana, and I hope for the coming century of Pax Europa.
The name "Tencent" is based on its Chinese name Tengxun (Chinese: 腾讯), which incorporates part of Pony Ma's Chinese name (Ma Huateng; 马化「腾」) and literally means "galloping fast information".
So maybe it's just concidence? Their first product was also a messenger software so I don't see why they would name themselves "ten percent". The investing thing came later.
A different context for the proverb "I don't have to outrun the bear, I only have to outrun YOU!"
If Spotify was really the wolf they wouldn't have to pay Universal billions. Not that much has changed really.
They were already the teacher's pet. Grooveshark was the one that was always getting suspended, before ultimately being expelled.
Survivorship bias is when two cases face the same selection process, not when one fails for taking an opposite approach.
The sounds in Windows XP were created in a pirated version of Sony SoundForge, and were only detected because of the metadata in the .wav files.
I guess companies can get "too big to sue".
Cryptocurrency is another horrific example, where the value-add is avoiding KYC = tax and sanctions evasion! I knew this over a decade ago, and decided to sit it out for moral reasons. ¯\_(ツ)_/¯
edit: to be honest, not just moral reasons. I just could not imagine that in a just world, this illegality would be allowed to continue. So little did I know.
But the other company that Uber reacted to was Wingz, Inc, not Lyft.
I would argue it was not even so much that they were doing "things the right way", they were optimizing black car service and pivoted because it was not as lucrative.
Are you recommending to break the law or are you being sarcastic? I sincerely do not know anymore.
In the ~ 2005-2008 time frame, many monthly services sprang up to offer play any song from their catalog on demand, along with limited downloading, based on Microsoft's PlaysForSure DRM program. Services included Yahoo Music Unlimited, Napster to Go (lol), (Real) Rhapsody, MSN Music and a bunch more. Afaik, this was all legal, but Microsoft shut down the DRM program with, I think, very little discussion as to why (but probably had to do with lack of market share in portable players)
I do recall some issues with the catalog on Yahoo Music Unlimited where the non-interactive catalog was bigger than the interactive catalog, because non-interactive has mechanical licensing and interactive play requires an intetactive licensing exercise between the rightsholders and the service provider.
1. You do all government certifications like FCC, recycling, pollution, security, backed with scientific research that your chip is ok. This will cost a lot of money and time and might prevent you from reaching the market quickly.
2. You start selling asap as a Prototype. You make money and you can start the whole certification process. (or not).
The concept of Prototype is legal in many countries, there's often an official threshold of product sold at which your product is not a prototype anymore.
Does it have to be either of those?
They're just summarizing the lesson they see.
Unless you live in a country where copyright or other regulations can lead to actual jail time.
IMHO, companies intentionally breaking the law should be held accountable by going after executives - even if they left the company.
There's a list of cases here [1]. The case against Github Copilot was already mostly dismissed despite it producing identical samples to license-restricted code. The cat is so far out of the bag now anyways with many open models and datasets containing the stolen data - there is nothing anyone can do about it now.
[1]https://www.bakerlaw.com/services/artificial-intelligence-ai...
Spotify only got away with it after the fact because they pivoted to a model that gives money to the people who wanted to put them in prison before. And Facebook got away with it becau it's big.
Well this is the interesting thing. Have there been any, aside from the Mega example?
When rights holders use a pirated version of their work it may be embarrassing, but it certainly doesn't violate copyright law. (Assuming the pirates didn't transform the work in a substantive way)
I'm more offended by the idea that we should sit quiet and not do anything just because the status quo set up the rules in their favor.
The immoral part here is not using pirated content to build the initial catalog. The immoral part is that their success came by aligning with the exploiters (the labels) and not the exploited artists.
Let's do something then. You lead the way and I'll follow.
If anyone else could share any other radio stations who still have living human disc jockeys, I would love to check them out. DJs are an amazing resource which should be cherished.
I mean come on, this is all amazing. Forget the music recommendation machine algos:
https://www.kcrw.com/music/articles/pachyman-samia-steel-woo...
The next logical step is for one of us to make a Spotify clone which leverages these human DJs, and gives credit with links to station and artist Bandcamp.
https://claude.ai/share/7c277bf6-eb65-4148-979d-f76ee6027fb0
[0] : https://blog.communick.com/communick-collective-a-zero-commi...
Let's build it and get a bunch of people using it and show the world that the pirates are willing to pay the artists more than Spotify is. At such a point, why wouldn't everyone avast payments to Spotify and hoist the jolly roger in the name of paying artists more?
If someone lead in that direction, would you follow? Would you use the player that made the payments happen? Would you seed the torrents that made the player work?
We can make this super simple: we can still keep the subscription model, we just need to change the revenue sharing system. Let's just charge a base monthly fee for the streaming service itself (say $1/month) and let's add a monthly "pay what you want" amount where 100% of the value goes specifically to the artists you choose.
So, let's say that I pledge to give $10/month, and I spread that around some 10-15 artists, This means that 90% of the money I am putting into the system is going to the artists. Someone wants to give $20/month, it would mean 95% of the money going to the "right" hands. We wouldn't have to argue about what the "right" hands are because that is defined directly by the people voting with their wallets.
I'm just saying that paying the artist and handling the bits are totally separate things and if we want to challenge the existing model we should use something that decouples them in a way that demonstrates that the bad deal that artists are getting from Spotify is not the only option.
I have setup this system where people can set up how much they want to pay each artist per month (out of a fixed budget), and anyone that signs up to my service [0] gets an account on our Funkwhale server [1] where they can upload and promote their work. I take zero commission from these payouts, the only thing I need is to have content creators who prefer to pay a flat $29/year to have this instead of giving out 8%-12% of their earnings to Patreon.
Tidal pays them more.
Bandcamp pays them even more and lets them run their own storefront.
Not Spotify's fault that artists sign bad deals.
bruh...
Having been in industry for over a decade now, the opposite is true. Big mega corp has a huge legal team and is always looking to stop any law breaking. They don't need to break the law and doing so will only incur huge fines and huge negative public outcray. They pay compliance people to walk around and breath down managers necks.
Small corps on the other hand...it's basically a free for all of "do whatever it takes to get this over the line and keep it alive, and if it fails just walk away and let the public deal with it".
Unfortunately, there are many many more people that don't care and/or don't know about the decisions made by company leadership, so voting with my wallet makes no difference to the company. I just keep adding to my soapbox collection. Starry eyed world would have more people making similar decisions so that asshat companies do not succeed so that regulations would not be necessary. To bad that world doesn't exist
[1]: https://news.ycombinator.com/item?id=33556181
Many of the early core developers were my seniors at university and the story I heard was that the early Spotify music collection was the superset of the staff's personal music collections. It was great, but once they went legit I lost half of the content in my playlists and learned a valuable lesson about the superiority of files on disk and have not used Spotify since.
One anecdote that I have not stated before. In the early days FreeBSD support via Wine was great due to one of the core developers being a fellow FreeBSD user. Not sure how remarkable this is these days with Wine becoming so much more powerful, but it absolutely was in 2008.
I also remember sitting in the university staff lounge with some of said seniors and trying to mentally reverse engineer their implementation. Got most of it right; it was great fun and I owe said seniors a lot for "uplifting" me intellectually back in those days. Truly great people.
I've had a similar experience where Spotify lost the license for some of the music I was listening the most at the time. That definitely broke the spell early on.
The price list is missing in English.
https://de.wikipedia.org/wiki/Pauschalabgabe#Aktuelle_S%C3%A...
I'm not the only person I know with a considerable storage array hooked up to a homelab powering services for family & friends.
I suppose the more 'normie' zoomers might not, but almost every IT/CS/Cyber/Engineering student I know has at least one self-hosted service they run.
Some even still collect CDs!
Home, business, workshop.
I used a bit later on linux via Wine and it was working just fine. One of the best Wine experiences I had back then.
I still remember my confusion when native linux client came out and crashed, produced choppy output or had issues to start at all... Weird times.
https://news.ycombinator.com/item?id=16057725
Thinking about it I also remember a client I can't remember the name of that was mainly an indexer/file explorer on top of samba shares that just traversed everyone on the same subnet on SUNET that many used as a pseudo extension of their own library, sort of proto-cloud storage.
When it went public most of my playlists got emptied.
In ~2009 everyone in Sweden pirated music. Using The Pirate Bay was considered mainstream and the cool kids in my high school were using more sophisticated sites. We thought Spotify was interesting because of the streaming. It was also free back then as there were no ads yet. No one even knew what IP rights were.
This was early 2000s and almost all kids using computers were downloading mp3s from Napster and Limewire. Once torrents came out I think the bar was higher for downloading tunes but music streaming services started to come out. Even before that lots of folks could copy their CDs and upload them to iTunes.
I think it wasn’t normal to buy 300 songs.
I used a Zune and synced all my music at school as a guest device, and there was no way for me to rip dicsographies to flac and had no hardware to play them.
The main way I got all my files back then, that you haven't listed here, was by googling the name of the album or song I wanted followed by either .zip or .mp3 and then the words mediafire, megaupload, or beemp3. "[album name].zip mediafire" this was when googles search bar features still worked and exposed most of the raw index (100s of result pages. Goooooooooooooooooooooooooooooooogle)
Only if I couldn't find it that way would I then resort to using "N°1 Free online Video Converter" onlinevideoconverter.com to rip a song from YouTube. That was usually reserved for meme songs like covers, the Ultimate showdown, Epic Rap Battles, and stuff like the Bedroom Intruder autotune and other Gregory Brothers viral hits.
My golden child older brother who was a way bigger intellectual (not technological) nerd than me was the one who begged for the credit card to buy songs once napster shut down. He wouldn't always buy from iTunes, sometimes he would "save money" by buying them for pennies on the dollar (like 20 rubles) from a Russian piracy site that purported to pay the artists, as though that gave him the moral high ground over my piracy, when it was obvious there was no way that was happening.
Ripping from YouTube sounds awesome compared to people sharing their whole hard drive over Napster/Limewire/Kazam. There were military documents for c130, F22, you name it, there where whole businesses around finding military docs on file sharing programs and getting money by reporting them.
And I'm a big fan of underground 90s, 2000s gangster rap. Living over here in Europe we had to pirate most of it because the stores just didn't carry stuff like Dubee or Killa Tay.
So when I started streaming my old favorite rap tunes I noticed something very interesting. The Google Play copy of a Killa Tay album called Snake Eyes had the same abrupt encoding error as a copy I had downloaded from XDCC many years earlier.
It was basically evidence that Google Play were using the same pirated version I had acquired.
That would be an interesting story!
Do you have insight into what may have allowed some of the anecdotes others are describing, of bootleg versions being the versions used by Google Music/Youtube Music?
https://www.reddit.com/r/PiratedGames/comments/172b5kv/rocks...
It's so funny to me that a big "professional" service owned by Google is still 25 years later playing the same pirated music that I grew up pirating and listening to.
Of course this is a very low hanging example because it's such an esoteric artist but maybe there are more examples people haven't found yet.
If Killa Tay is fine with them distributing a dodgy version...
All online music services seem to have borked up copies of Bob Dylan albums that for the Bootleg Series albums with live content are missing the between-tracks bits that on the CDs are stored in the pre-gap.
I'm not surprised they disappeared.
I recall being pretty confused by Grooveshark. It seemed… like, I mean, it was possible to stream a ton of music for free, so it had a vaguely pirate-y feel to it. But then, at the time YouTube also hosted a ton of music and other content seemingly without any license.
It was a weird time. IIRC lots of people seemed to think streaming was somehow distinct from downloading a file.
I understand the need to protect intellectual property, and much as I hate how it is run in the US, copyright it vital, but it’s sad that platforms like Grooveshark are casualties of our system.
In around 2009, I remember my dad used to listen to music on his laptop a lot, but getting songs synchronized between different computers was a pain in the ass before the days of Plex or Jellyfin and the like. When I introduced him to Grooveshark, it was sort of huge for him; he started making tons of playlists, and it was easy to listen to stuff everywhere. IIRC he figured out how to install Flash on his early Android phone so he could stream Grooveshark from his car.
https://harpers.org/archive/2025/01/the-ghosts-in-the-machin...
We need to get back to owning our own data and music.
+20 years ago I had a pop-star manager as my client. Super successful, resourceful with a business card holder filled to the brim; yet always on the lookout for opportunities.
One day we were chilling and I drawn a concept of a novel music platform. It wouldn’t distribute music (people could download it whatever) but instead granted unlimited license for a fee, and then based on telemetry tracking divide fee between artists and take some percentage as a profit.
We discussed it in detail and shrugged off as impossible to execute. Few years later Spotify came out and yet it took it 5 years to enter national market (due to licensing issues that came up during conversation).
I often looked at that conversation and brought up two lessons I learned.
First: anyone can come up with a magnificent idea, but it’s about execution and not daydreaming.
Second: even if you have everything you needed (there we had skills and resources) success is heavily context based.
Spotify could launch because they had friendly environment. My was hostile to license innovation, so we could do jack-
I have no love for Spotify but they were pretty revolutionary when they released mainly because they managed to go legit so early.
Main stopper was distribution of licenses. There were 100s of LLCs splitted into multi-level trees by ~30 big music groups keeping all the licenses and supervised by artists association. Every LLC kept 2-5 music distribution licenses without any discrimination, local musicians, foreign musicians. Licenses were in constant flux (it wasn't uncommon to 2 companies exchange licenses on weekly basis).
A simple reason was income distribution for tax reasons and law sanctioned such procedures. Changes came no earlier than in 2012 when many digital services were already available. And I know that simple answer would be "just ignore the law", but that was also a time when BSA with Microsoft were doing raids with hardware seizure (many of which overturned in courts years after initial seizure).
There's no equality of opportunities. That's it and nothing more.
Be sure that almost everyone was hostile to Spotify very early on.
“I asked God for a bike, but I know God doesn’t work that way. So I stole a bike and asked God for forgiveness.”
I imagine it's similar to amateur artists with SD, and social media managers with LLMs.
This is the song I did about the South Korean president coup/whatever (lyrics mostly in Lojban) https://m.soundcloud.com/djoutcold/i-aint-even-writing-music...
I wrote lots of music, tho.
Hold music for my pbx. https://m.soundcloud.com/djoutcold/bew-hold-music
That's what I liked about the early service, they had so much obscure and niche stuff that it was fun and interesting to just browse and discover. Then the entertainment mafia bought in and they deleted huge portions of the catalogue, and I never returned.
Bandcamp was good until recently, now it's turning into a garbage dump for "AI" gunk.
Logical? Yes. Legal? Not necessarily.
That’s the core thing the government is giving copyright holders, and what the public is protected from when something enters the public domain.
The RIAA clearly has the power to enforce economic harm on anyone who has to defend their lawsuits. Against small enough defendants, that makes their positions extremely relevant.
If I sue you for something ridiculous like using telepathic mind control to get my dog to bark satanic messages, the judge will just dismiss the case pre trial. If you launch a bunch of such frivolous lawsuits I can get a lawyer to counter sue you and win on contingency with zero out of pocket expenses.
edit: they might have actually settled, but the RIAA got what they wanted with no concessions
The RIAA doesn't seem to have a very good track record in cases that go to court, but the whole 'we're gonna sue you for eleventy billion dollars and destroy your life with our thousands of lawyers, but give us $20 right now and we'll call it even' seems to be quite effective.
Though it did spend a long time uploading but I have a few phish concerts and a huge amount of classical I bought (Deutche Gramaphone has a best of collection they sold direct that was pretty big)
https://en.m.wikipedia.org/wiki/Comparison_of_online_music_l...
“by Apple (and formerly Amazon.com) was "scan-and-match", which examined music files on a computer and added a copy of matched tracks to the user's music locker without having to upload the files.”
Don’t know how much longer this will last.
- iTunes Match: matches files by audio fingerprint and gives you 256k AAC unDRM'd files. If it doesn't match, uploads files to "iTunes in the Cloud" digital locker feature (files may be converted to AAC prior to uploading). Costs in the order of 20-ish € a year.
- Apple Music: matches files by audio fingerprint and gives you 256k AAC FairPlay-protected files. Can't recall if it uploads (I think it does?) and how it converts (might convert to FairPlay protected?).
Both have song count limit (10k or something for iTunes in the Cloud), and they may differ (not sure, Apple Music may be higher).
If you have both, iTunes Match applies.
You don't pay for the physical medium, you pay for the right to play the song to other people.
As I recall this is the case in France: even if you own a CD, getting a bit-for-bit copy of it that was originally produced unlawfully runs afoul of reproduction rights. IIRC this was even challenged and confirmed in court.
How modern technology should work, but doesn’t anymore.
In Spotify, you have to point the desktop client to a local folder with your music. I have then made a special playlist where I put those songs and mark that as available offline on my phone. I'm pretty sure it only syncs while on the same LAN. I have some of that local music in other playlists as well, and it mostly works fine. I don't use it a lot, but I think the key is to make sure it's available offline on the device you want to play it on.
I used to use spotify a lot from 2010-2015. Around that time I started to buy CDs of the music that I really liked. This mean that I was finally getting legit high quality copies of stuff I had already.
It was then that I noticed that certain, more obscure albums on spotify had the same corruptions and odd encoding artifacts that my non-legit copies had, but the actual CD didn't. (sometimes the rips were shit, some had CD dust skips, other had other corruption type errors)
So it makes sense.
I guess we don't hear too much about those who failed, unless they fail big like Theranos and FTX.
> All tracks were originally sold in 256 kilobits-per-second variable bitrate MP3 format without per-customer watermarking or DRM
Don‘t remember 100% but wouldn‘t the variable bit rate explain this?
The worst part to me was the beta account was a lifetime premium which they just turned into a free account along the way, after snagging my mp3 collection.
You may wish to edit your attempt to SWIM this
it’s been tech’s motto all along, it’s not a good motto, but it works cause the system is messed up
I am concerned about the periodic attacks on Spotify, while the elephant in the room, YouTube, escapes unfettered. Everything from artist royalties to hosting the Joe Rogan show.
And as it happens, Spotify isn't a FAANG or a US company, so isn't that convenient?
But enjoy your fake Spotify created muzak and algo optimized to the lowest royalty payout not your music tastes all while supporting Joe boy (leader of the last 250 comics).
So you're OK with YouTube hosting Joe Rogan while they also maintain a monopoly and not giving a damn in general, because they are too big for that.
https://www.youtube.com/@joerogan
Tell me, how does that work out for you?
You don't get to dictate my response to them. My mom broke down in tears multiple times, was afraid to go out shopping. The stores here had to make special shopping times for people to feel safe to go shopping. While she way dying of cancer. Fuck Spotify and their little mascot and fuck anyone that want's to pretend making someone your maskot and promoting them first thing on your app is somehow the same as allowing that person to have any content on your platform and I either have to criticize both or none.
Youtube is to a greater degree the original source of a lot of cultural works, than what Spotify is.