RE: Google Ad - How To Help Tom Get Paid

[quiznatodd]

Hey everyone

PLEASE NOTE: I only started listening when the new podcast came back, so be patient with any glaring errors in this plan, or if this comes off as over-enthusiastic or whatever. Just want to get Tom paid.

- - -

After reading one of Tom's tweets about this...

https://twitter.com/scharpling/status/667197211537723392

I thought of a very effective way we can all help him out with building a case against Google.

Obviously what Tom needs is evidence of all the times he's done the song/bit on the show.

It's my understanding that all of the episodes are archived on the WFMU website (somebody please correct me if I'm wrong)

(1) For episodes we know Tom did the song, that should be added to an active list of all the times it definitely happened, along with the broadcast dates, time it aired, a recordings of the part of the episode where it happened, the URLs to listen to that show for free online, and the date which it became publicly available to stream

While that is happening....

(2) If we can determine the dates of the first and most recent appearance of the song on the show, then all we need to do is listen back to them all. Depending on how many shows we're talking about, that might be really tough for 1 person to do, but if we all split it up, this could get done much more efficiently.

I'm imagining some kind of list with all of the relevant shows, where volunteers to sign themselves up to listen back for performances of the song. Where it'll be clear to see who has committed to reviewing what show, and when they'll get back to us with what they learn.

If you think I'm missing something and I'm totally wrong about this, please just give me a sign.
If you think this idea has any merit, let's be Friends of Tom and help him get paid.

Thanks for reading.

[peter falk]

I hope Tom contacts a copyright lawyer.  The songs are substantially similar and it could definitely be argued that the similarities are not coincidental and that the google song could not have arisen independently without the influence or copying of "Come on Y'all."  Without direct evidence of google or whoever composed their song having listened to and copied Tom's song though, proving something like this is a long slog, particularly against an evil behemoth like hooli google.

[quiznatodd]

For sure this is by no means a slam dunk, and he def needs a intellectual property lawyer.

And def if he does pursue this, it is certainly at risk of being long and expensive.

I'm only posting because Tom's statement said that he intended to take legal action of some kind, and this idea occurred to me as one way to (a) have this support material available quickly if it's needed, and at the very least (b) collect further ammunition for the public shame campaign.

[tonyh]

One of the Best Show on WFMU marathon premium CDs had several versions of the song on it also. That would be further evidence.

[peter falk]

For sure this is by no means a slam dunk, and he def needs a intellectual property lawyer.

And def if he does pursue this, it is certainly at risk of being long and expensive.

I'm only posting because Tom's statement said that he intended to take legal action of some kind, and this idea occurred to me as one way to (a) have this support material available quickly if it's needed, and at the very least (b) collect further ammunition for the public shame campaign.

I didn't mean to sound dismissive of your proposal, and I'm sorry if that's how it came off.  I was just lamenting the difficulty of mounting this kind of case where common sense should be dispositive.

[quiznatodd]

I didn't mean to sound dismissive of your proposal, and I'm sorry if that's how it came off.  I was just lamenting the difficulty of mounting this kind of case where common sense should be dispositive.

I appreciate the gesture, thanks, though I totally didn't take it that way.
Everything you said is super important to consider.

Ultimately it's not up to us what Tom does (obvi), but if things get to the point where a "research project" like this could be helpful, then this is an outline.

Cart before the horse or not, I really just wanted to run it by more seasoned FOTs who know the history of the bit, and thus might be able to clarify what steps this would actually involve... Also to get an idea of whether the approach as outlined above is sound, and to gauge people's willingness to participate.