In late November the Immigration and Customs Enforcement unit of the Department of Homeland Security seized 82 domain names of retailers alleged to have sold counterfeit goods. As reported in yesterdays issue of The New York Times, one of the domains was OnSmash.com (click here to see the clever Federal replacement), a blog covering hip-hop music. (I think that’s the current term for rap, which I still don’t recognize as music, but I digress.)
Kevin Hofman, the owner of OnSmash.com, learned of this through an early-morning phone call from one of his technicians, on Thanksgiving Day no less. According to Hofman, the “pirated” music on his site was “leaked” to him. That is to say, he didn’t go out and grab it surreptitiously, or rip commercial CDs to post on the site, this was content that the promoters of various artists wanted to have out there where fans could hear it.
Hofman asserts that he’s in thick with the hip-hop artists, invited to far more parties and concerts than he has time to attend, talking to the performers regularly on the phone. That he’s part of the music infrastructure. I absolutely believe this, from my limited contacts with the industry I know it’s exactly how the game is played. Perhaps the same principal, although much more healthy, than the cash payola of the ’50s and ’60s.
So two questions and one answer: First, if Hofman is part of the marketing engine for this sector of the music business, why was he targeted? Easy, the RIAA targeted him because he isn’t playing by their rules. Nobody, artist or fan, should give a rat’s ass what the RIAA cares about, but they have high-paid lobbyists on call at Washington City. Yes, there’s still a role for money to influence the music business.
Second, why did Hofman find out his domain had been seized from a tech? Why wasn’t he served with papers? How did it happen that anyone other than a federal judge sitting in open court made this ruling?
If I Were King, there are people at ICE that would be wondering whatever happened to their paychecks and pensions today.