Running a daily website is something of a controlled experiment in the passions of an enthusiastic community. 2009 was a year in which musicians pulled no punches in debating the merits not only of tools themselves, but of the ideas behind them. What follows is not the “best” of 2009, but the “biggest” – the stories that inflamed passions and got readers clicking and commenting. Some top lists include the items about which everyone agrees. This is the list of what got everyone arguing.

Software of the year: Propellerhead Record

For all the major releases and upgrades and gear, as well as the dominance of a certain Berlin-based developer, if you had to pick one application of 2009, it’d be Record. Record tops the list not because everyone dropped everything to go use it, but quite the contrary. Record bucked industry trends, and provided a love-it-or-hate-it view of what audio software could be. In other words, it was quite reminiscent of Reason.

Centered on a mixer, emphasizing “recording” (perish the thought), and omitting expected features like MIDI out and plug-in support, Record resists modern-day conventional wisdom. That was divisive enough, even before the debates began over Record’s new hardware key. In the long run, it may be the simple fact that Record brings audio signal to Reason that gives it staying power. But in 2009, Record was the application about which everyone had an opinion.

See our original preview, May, plus details on the "Ignition Key" authorization system

Developer of the year: Ableton

What a year it’s been for Ableton. The company kicked off the year with “Share,” “Extend,” and “Touch,” as well as the release of Live 8. It sounded simple. But Ableton’s tech dominated CDM headlines in ‘09 with the variety of user tips and tricks, rants and raves. How’d they do?

New gear: Hardware was in the spotlight – and ranked highest in CDM clicks – even above the software. Many users embraced Akai’s APC40, the first commercial hardware to really balance a variety of Live’s features, as well as Novation’s affordable, simple Launchpad grid controller. But even as Ableton emphasized the ability of this hardware to work out of the box, hackers set about customizing their own control. We saw the Launchpad used with Renoise (complete with a mocked-up Renoise logo decal), and the Korg nanoKONTROL hacked to integrate more seamlessly with Ableton – even when KORG and Ableton themselves hadn’t worked on support. Lesson learned? Make tools for musicians, and you may find some support and development gets crowd-sourced, whether you intended it or not.

See: Hands-on with the Launchpad, nanoKONTROL Myr for Ableton Live, APC40 Hacking Superguide

Live, meet Max: Max for Live has already led to some incredible work, most notably stretta’s fantastic compositional toolkit for the monome. It earned praise (for setting a new bar for sheer power) and criticism (most notably for lacking a free runtime). Some jumped on M4L, some swore they’d stick to the traditional Max, and others swore they’d seek alternative or free solutions. In the end, Max for Live has wound up becoming bigger than, well, Max for Live. It’s begun a discussion of how live performance should work, and how software should integrate and be extended. And that’s a story that should be with us for a long time.

And a few wrinkles: The third prong of Ableton’s initiative was barely visible in ‘09; while a beta is underway, we don’t know much more about how Share will work in December than we did at NAMM in January. Live 8 has been beloved by some, even as others users expressed frustration with stability issues. CEO Gerhard Behles surprised everyone this month on the Ableton forum by conceding the company could do better and promising developers would re-focus on squashing bugs, even putting new features on hold.

As the saying goes, any press is good press. Ableton and their fired-up user base stayed front-and-center on CDM in 2009, even as twists and turns complicated the narrative. The story isn’t quite as clean and tidy as it is was at the beginning of the year, and you can read the full spectrum of comments calling this year everything from a triumph to a failure (and, hopefully, a few more reasonable thoughts in between). But without a doubt, Ableton is the developer of 2009.

Story of the year: Switching from Mac to Ubuntu

After years of tired debates about the merits of operating systems, the potential of the philosophies of open source versus proprietary, and whether Linux is ready for the desktop, in 2009 we saw a new spin: what if you switched to Linux to make your life easier?

That was the question Kim Cascone asked with his switch to Linux. And he wasn’t alone. One of the most-asked questions this year was how to make Linux work for music, particularly as users sought out more-reliable, more-affordable solutions for audio. (Yes, I know – “Linux” isn’t necessarily more reliable out of the box, as “Linux” could mean any number of setups, which I suspect is part of why the question was asked so much.) The popularity of Kim’s story, along with the turnkey Indamixx laptop or the Linux Laptop Orchestra we saw last week, suggest a challenge to CDM as much as a story. It’s the story we’ll likely see more of in 2010.

Linux Music Workflow: Switching from Mac OS X to Ubuntu with Kim Cascone

Biggest opportunity: Rock Band Network

Want a glimpse into the future of the music business? Here’s one way it could look. Rock Band Network provides an extraordinary level of control and customization, allowing your music to work as well with the hit game as music adapted by the developers themselves. As a revenue stream, as a promotional opportunity, and as a new way to play with your music, it looks fantastic. And don’t miss the fact that what made it possible was close collaboration with the DAW Reaper – a big coup for that package. Now, if we could just have the Amplitude Network, too, for electronic artists.

See our inside look at RBN with the folks at Harmonix

Surprise vintage tech: The return of CV

MIDI? What’s that? The biggest surprise revelation in January was that MOTU was set to release a brilliant plug-in called Volta, which elegantly bridged the gap between computers and, through control voltage, analog synthesis. Matthew Davidson (who wowed us with OSC and digital tech in 2009, too, in his monome work) walked us through his creation:

Analog, Meet Digital: MOTU Volta Connects the Mac to CV Synths, Effects Graphically

We also saw other CV solutions, DIY and commercial, Control Voltage on Moog’s Theremin, and in perhaps the hardware product of the year, Moog Music’s exquisite double-band MuRF resonant filter. And yes, the Moog piece even has MIDI for pattern changes and sync, while still making use of CV.

Most annoying story of the year: Anything to do with T-Pain

Yes, the iPhone is well awesome mobile technology. Yes, 2009 was the year in which the music world went from talking exclusively about “albums” to talking about “apps,” too. Yes, it’s amazing how Smule has popularized music technology and alternative interfaces and all that good stuff. Unfortunately, it was tough to focus on some of the wonderful things going on when you had to deal with the sudden and inexplicable success of T-Pain, capitalizing on everyone’s least-favorite effect – AutoTune. Not getting enough overuse of pitch correction on FOX’s hit show, Glee, ruining talented voices of kids and Broadway stars? Now put it on your iPhone, and suck the joy out of the (otherwise fantastic) “I’m on a Boat” video. We all love you, Smule, but, I’m on a phone? I’m in a time machine, trying to escape to some year where AutoTune has finally died.

To cheer up, let’s just remind ourselves why Smule’s chief mind Ge Wang is still cool, while I try to work out how to get off T-Pain’s press mailing list:

Interview: Smule’s Ge Wang on iPhone Apps, Ocarinas, and Democratizing Music Tech

And the Rest

Most important OS release:

Windows 7, for finally making us feel good about leaving XP – and, with the help of tools like Cakewalk’s SONAR and its BitBridge 32-bit plug-in support, giving us a good reason to go 64-bit, too.

Most popular how-to’s:

Instructable: How to Build a Music Studio in an Apartment

Abusing and misusing groove extraction in Live 8

Best reason to attend NAMM 2010:

The hopes of catching Teenage Engineering’s OP-1 synth, in the flesh

Most popular feature, and a reminder of what matters more than the gear:

Take it to the Stage: Reflections on Live Laptop Music from Artists

This analysis piece from a variety of top artists started a discussion about what playing laptops is all about. There was certainly no consensus, but it was – rightfully – the most popular feature story of the year, and something we should cover as often as possible. It’s the reason we’re all here. (Thanks to Primus Luta for putting this together.)

More Top 2009 Lists

Beatportal

Francis Preve takes on the top ten releases of the year for Beatportal, and I can’t help but agree. Having made my list of what caused the most controversy, these are the tools that – big splash or not – deserve some technological recognition.

MetaSynth remains a fascinating and unique tool for sound design, finally in a more modern release, and one I hope to work with more soon.

Logic 9 was a huge DAW release, though to that list I’d add SONAR 8.5 – two radically different tools, each markedly more mature this year.

FXpansion DCAM Synth Squad looks like the most brilliant soft synth of ‘09, and I’m long overdue in spending some quality time with it.

Dave Smith’s Tetr4 synth might make the top of my list if it didn’t have to compete with other fine synths from … Dave Smith.

Then there’s Melodyne, which resulted in some unique and creative results this year.

A must-read: 2009 Studio Technology Top 10

MusicRadar

MusicRadar, the online site that accompanies Computer Music and Future Music (among others), reviews the year month by month. But the list you want is:

In pictures: the best hi-tech gear of 2009

Yours’

Of course, in the end, what all these stories have been about is the full spectrum of ideas from our readers. So have at it. And Happy New Year.

Reuters - In what is traditionally a high-volume download week thanks to shiny new MP3 players under the tree and download cards stuffed in stockings, a digital sales mark has fallen by the wayside.

Sampling and online reuse are enormously common in our culture today. But if you really believe in making some of that culture freely accessible, it follows you must also make free licenses explicit. Simply taking something because it’s there isn’t fair to the person who created the content, whose rights should come first, and it doesn’t help advance the cause of free content. If we want content to be more freely accessible, we need to give first priority to those materials explicitly licensed for free use.

All of that is to say, we need to obey the law. And that’s generally been the goal on CDM.

Here’s the rub: while Creative Commons licenses show a lot of promise, they also have occasionally run up against vague definitions or not-quite-airtight license variants. Case in point: the “non-commercial” restriction commonly used by creators. Let’s say you upload an image to Flickr. Adding a “non-commercial” restriction seems logical enough as a way to protect yourself against your image being abused, right?

The problem is, when looking at the actual language of the license, the definition of non-commercial use is not clear. Here’s what the license says:

“You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. “

Source: the current full text of the license (3.0)

Is CDM’s usage of Flickr images with non-commercial Creative Commons licenses a violation of that license? It’s not entirely clear. While the site uses those images for illustrative purposes, and while the site carries ads from which we gather revenue, it’d be a stretch to say the use of the images themselves was directed toward monetary gain.

Ultimately, though, an ambiguous license isn’t good enough. To be able to use images without contacting photographers for their permission, we need confidence that the license is clear. And even if we were on legally good standing – and it’s unclear that we are – we would want to obey the intentions of the content creators.

The question of commercial status and the Creative Commons license led to a prolonged Twitter discussion between me and Chris Randall of Analog Industries and plug-in maker Audio Damage. Unlike CDM, the Analog Industries blog is copyrighted, not under a Creative Commons license, but Chris has used CC licenses in the past for his music. Chris’ argument was, in short, that CDM was in violation of the CC-NC license as the use constituted a commercial use. The obligation lies with me to prove otherwise, and based on the survey results, I don’t think I can.

I’m not the only person bothered by the ambiguity. Creative Commons has conceded that questions about commercial or non-commercial are some of the most common queries they receive. And the situation was ambiguous enough for CC to undertake a full survey of CC users and creators.

The results of this survey were published in September:
Defining Noncommercial

Read through the complete results, however, and the question of non-commercial status is murkier than ever. The most significant question for publishers (and many content creators) is at what point a site with ads becomes a commercial use. You’ll see the answers can vary wildly depending on how the question is asked, and what the respondent understands to be the usage case.

That said, now having fully read through the results, I think I have to change the policy on CDM. Having some people disagree isn’t good enough, and no matter how you ask the question, a significant number of content creators view sites with ads as commercial – no discussion. (Some even would classify sites by non-profits using ads to recoup hosting costs in this way!)

I’ve found Flickr users have actually been really enthusiastic to discover their work on the site; those are the comments I’ve gotten. Unfortunately, I have to balance that enthusiasm against the larger perception of the policy.

In short, if you’re placing images under an NC license, don’t expect to see them on CDM any more.

New CDM policy

From here on out, I will only make use of images that fit one of the following conditions:

• Creative Commons licenses with BY, SA, or ND restrictions, but not NC
• Public domain images
• Images used as implied (such as press images, etc.)
• Images used by specific permission

Videos are, of course, a different story, as the ability to embed these materials is assumed to mean an implied license, and I’ve never seen otherwise. Likewise, it seems that the use of Flickr tag slideshows and badges containing images – even copyrighted images – does not violate Flickr’s terms of service or the wishes of the copyright holder; this is in essence a view of the Flickr site itself, and should not diminish the value of a photographer’s work nor conflict with their likely intentions when they upload to Flickr.

There’s really no way to operate on the Internet without coming across some of these gray areas, but to me the spirit of the law and the intentions of the creators remains paramount.

How to protect your work without Non-Commercial restrictions

This may raise the question, how do you prevent your work from being exploited while at the same time allowing a site like CDM to republish it? One of the “commercial” uses cited in the survey results is the rather nasty scenario of the spam blog re-purposing stories via RSS. There have been cases of CC-licensed Flickr images being used for ads in bus stops. (See the instance of Virgin’s ads, taken from CC-licensed Flickr images. Note, however, the controversy there – aside from whether they actually complied with the CC licenses – was whether they had the rights to the likenesses of people in those images, which is a different legal area.)

My answer, and the answer on which I’ve settled for CDM’s content: use a ShareAlike license.

What makes ShareAlike unique is that it requires any distribution or repurposing of your content to have the “resulting work only under the same, similar or a compatible license.” That means you couldn’t, say, make an ad out of your photo without placing the ad under the same license — effectively preventing some of the more nefarious uses of CC-licensed works.

I do think that Creative Commons needs to present more explicit, clear, legally-binding documentation for the Non-Commercial restriction in the actual license. But until then, if you’re bothered by this ambiguity, you can resort to the more unambiguous ShareAlike license term.

Note that CDM itself is under a ShareAlike license. Because it’s compatible with any of the other CC SA licenses, that also gives us the right to use SA-licensed content – and, incidentally, were we not licensed that way, we should not have that ability.

HELP US!

To bring CDM into compliance with the non-commercial license, I need your help.

Got some regex skills? A regular expression should be able to purge all the images in CDM’s story database with non-commercial CC licenses, because images link to the specific license used. It’s simply a matter of then pulling the img src, anchor, and image caption div code around that license link.

Get in touch or respond in comments.

Got an image you don’t want to see lost? You can search CDM easily by your name and/or Flickr userid and find your image. Then let us know:

Provide permissions for a CC-NC-licensed image [Google Docs form]

Correction: I can actually observe a number of images I’ve used over the years with links back to CDM from the Flickr pages. So this would actually be the worst possible thing I could do, to remove those images. Obviously, the better solution is to wait and see if someone requests that an archived image be taken down. The Creative Commons license itself is non-revocable, but since this falls into a gray area in which we may not even been in compliance with someone’s license, that’s a moot point. And since those images are clearly marked by license, any derivative work based on them could check first if the license permits derivations. (That’s something you’d have to do anyway, as some images on CDM are copyrighted and used exclusively on CDM by permission.)

As a separate note, I’m now going to go through my own Flickr accounts and remove the non-commercial requirement, because my sense is that ShareAlike will prevent the unlikely event of them being abused within the license terms.

Disclaimer: This story is an editorial, an opinion piece. It does not constitute a legal statement (I’m not a lawyer) or official, binding statement of Create Digital Music’s policy. It expresses only the opinions of its author.

Reuters - A federal appeals court on Wednesday rejected a class-action lawsuit seeking to hold Apple Inc responsible for possible hearing loss caused by using its popular iPod music player.

PC Magazine - A federal appeals court on Wednesday rejected a class-action lawsuit seeking to hold Apple Inc responsible for possible hearing loss caused by using its popular iPod music player.

Minor releases and bugfixes don’t generally make CDM news, but this is a special occasion. Ableton founder and CEO Gerhard Behles got everyone’s attention this week by making the rare public announcement that Ableton’s development team was temporarily halting work on new features to focus on fixing bugs. That has prompted some seriously impassioned discussion, on the Ableton forum but also here on CDM. Look past some of the hyperbola and name-calling, and you’ll see some insightful comments on both sides. In fact, the whole affair reveals a lot about how music software customers view bugs, updates, support, release cycles, and pricing – developers, take note. Naturally, some of the disagreement comes from whether or not users are experiencing bugs: those that aren’t, as always, are happier. But there’s some common ground, too.

Also sobering: read further into comments, and you’ll see who can really lose out in credibility when stuff doesn’t work the way people expect, even more than a developer – music tech journalists (so, um, yes, folks like me). Not to apologize for myself or my colleagues, but one challenge has long been that it’s difficult for one user to find reliability issues. As the comment thread itself demonstrates, some people are blissfully happy whilst others are in absolute agony; look through the specifics of the changelog, and you’ll see why. One person, based on their behavior in the software, could see dramatic, regular crashes, while another sees nothing at all. Now, CDM has an advantage there – we can operate 24/7/365, we don’t have a weeks-long delay waiting for print, and we have a complete feedback loop with you. If you’re finding issues, I want to hear about them.

New release: Late yesterday, the 8.1.1 release moved from beta to final release, meaning you can go grab it now from the latest releases download section. Synthtopia has posted the full changelog.

Some highlights:

• Fixes various problems with the integration of Novation’s Launchpad
• Fixes a number of somewhat specific but showstopper crashes, like “Loading a Max device would crash if Pluggo was already active. I count fifteen instances of the word “crash,” which is a serious issue.
• Begins to address some reliability/performance issues with Drum Racks; specifically, “Having a Live set with particular Drum Racks could increase the CPU usage of the main thread, which would result in very slow graphical updates.” Because of our fondness for Drum Racks, both Dave Dri and I have run into performance problems that would lead us not to use this feature onstage.

I think it’s difficult to make a sweeping statement about something as relative as the reliability of the software. What you can say is that Ableton themselves have acknowledged this set of releases isn’t up to their own expectations, they’re committed to working on improving the situation in exclusion of other factors, and bug fixes are now coming in a steady stream.

In fact, “beatsme” in comments counts up the fixes since the Live 8 release on April 2 of this year, marking 42 improvements (0.16/day) and some 261 bug fixes (nearly one per day). You can read into that whatever you like, but the bottom line is, those issues are now fixed.

8.1.1 is apparently not the release to which Gerhard was referring when he talked about halting forward development; we expect fixes to continue to appear over the coming weeks.

Of course, all of Ableton’s DAW competitors release similar point updates, so any question about the relative reliability of Live should also be asked of other software, as well.

I do have one concern, too: with so many fixes relating to the integration of Ableton’s Launchpad and APC40, why not focus controller features on tools that will work with any hardware? And why not allow users to customize scripts? Many in the Ableton forum are capable of devising their own solutions and providing their own support for those solutions. I don’t think that’s unreasonable to ask, because many applications have focused hardware controller support on generic solutions in this way. I don’t believe there’s a “right answer” to that question – Ableton has made a decision they think makes sense, and that allows them to devote resources to supporting certain hardware units above and beyond what they previously had basic MIDI controllers. But I would still like to see controller support in Live in general mature beyond where it is today.

About those new features… Many readers have asked whether the emphasis on bug fixes will have any bearing on announcements at the NAMM conference in January. I haven’t heard any indication of that; Ableton is planning a party with Serato, and I still expect we’ll see an Ableton-Serato announcement on Thursday, January 14. I’ll be meeting with Ableton at the show to talk about that and any other news.

Other releases: We’ll keep an eye out for other releases, and will check in with Ableton for a big picture of the situation in a couple of months after some of the development dust settles.

Your mileage may vary: Please, if you’re testing new Live versions, let us know your experience. Be specific. And be sure to follow up with whether a thread tracking this bug is open on the Ableton forums.

NewsFactor - In a patent drama just getting under way, Nokia has added a new twist in its case against Apple. On Tuesday, Nokia said it filed a new complaint against the iPhone maker for infringing on its patents in virtually all of Apple's mobile phones, portable music players, and computers.

So, your human drummer can’t bang out the elaborate breakcore beats you’ve composed, huh? Build your own robotic replacement, putting the magic of positronics into rhythm.

That’s what the folks of Texas Central Positronics and the David Crowder Band have done with Steve_3po, the robotic drummer. It brings new meaning to “drum machine,” blending acoustic sound with programmed rhythms.

The secret to controlling this machine with MIDI is none other than one of our favorite kits, Highly Liquid’s MIDI Decoder. For more on that side of things, see the recent story by Mike Una here on CDM:

DIY MIDI In, MIDI Out For Your Gear: New Kits from HighlyLiquid

The challenging part, of course, is building the robotics. The talented creators at Texas State Technical College, including mechanical engineers Josh Caldwell and Eli Hernandez, worked with “bwack” (the father and son Bwack team) to create Steve. You can read the complete story at Texas Central Positronics, in a post from October:

Introducing – Steve

“bwack” has done other terrific work in the past, including a 760-pound, large-format MPC that stands seven feet tall. And they say drum machines have no soul.

Thanks to Richard Devine for finding this, and Simon Stansfield for bringing it to our attention.

This instrument is not alone among robotic drummers, of course; here are a couple of other top picks:

Glastonbury Festival 2008 was host to this fantastic-looking robotic drummer with four arms and a combination of hydraulics and servos. Sadly, as often happens at these festivals, the credits for who created this lovely invention appear to be lost. Anyone out there know the origins of the work?

Another fine example of robotic drumming comes in the form of Haile, by Georgia Tech’s Gil Weinberg and Scott Driscoll. Haile not only plays the drums, but responds intelligently (via computer) to “heard” sounds and rhythmic patterns. A very early CDM story talked to the creators about how they pulled off the trick.

But wait — there’s more! There are robots responding to plants and playing bamboo and Chinese instruments, an all-robotic band, robotic Theremins, robotic knives, Taiko drummers, robots that play Guitar Hero for you, Game Boy-controller robotic drum machines, Roombas controlled by MIDI, robotic Ballet Mechanique instruments, and, for the holidays, Robotic sleigh ride-playing chimes.

For ensembles filled with unique and creative robotic-powered instruments, look no further than the League of Electronic Musical Urban Robots, which recently relocated from here in NYC to tech capital Pittsburgh. One of the most exquisite recent creations from a residency with this group is Zemi17’s wonderful Gamelatron, which, as the name implies, robotifies the Indonesian gamelan ensemble. That instrument visited Handmade Music; here it is at Galapagos in Brooklyn from earlier this year:

Also in the robotic gamelan category, here is Rui Penha’s own contribution (independent of the other project, believe it or not):

Robotic Gamelan from Rui Penha on Vimeo.

A network of several independent robots play some of the javanese gamelan instruments: 2 bonangs, 2 demungs, 3 kenongs, 1 saron, 2 peking and 1 slentem, some gongs and an additional slentem in the near future. This network is controlled by a computer sending serial information using Max/MSP.

In this specific case, all the robots are being played using custom controllers made out of an Ikea salad bowl, an Arduino and two ultrasonic distance sensors.

Best of all, here is Processing-based software for arranging sequences gamelan-style, which can be used to control this instrument (or others). It’s funny, as I had built a similar circular sequencer which I showed briefly in Dublin at the DEAF fest – so perhaps the age of circular, cyclical sequencers is here, to replace all these rectangular step sequencers we’ve had so long. (Similar notation is sometimes used in the analysis of gamelan cycles.)

GameLan from Rui Penha on Vimeo.

To me, most beautiful of all is a set of work called “Felix’s Machines”:

From the description — thanks to opuswerk in comments for reminding me of this:

The Artist, Felix Thorn created this monster which was filmed by Tom Swindell, Directed by Tom Mansfield and edited by Chris Barnet.

Extract from composition: ‘Glide’ recorded and filmed at Gasworks winter 2008. www.felixsmachines.com

www.youtube/tomswindell

Chris Barnet the editor channel is here www.youtube.com/user/chrismicrofilm

I, for one, welcome our new robot overlords.

Updated: Still more wonderful creations…

Byeong Sam Joen’s “Telematic” Drum Circle, far from the more automated selections here, imagines robotics as a way of encouraging interaction in a group.

Telematic Drum Circle (The 9th Session) @ Siggraph Asia 2008 in Singapore from Byeong Sam Jeon on Vimeo.

Telematic Drum Circle (The 9th Session) @ Siggraph Asia 2008 in Singapore

Website: TelematicDrumCircle.net

Artist: Byeong Sam Jeon (BSJeon.net)

Period: 12/11/2008-12/13/2008

Siggraph Asia 2008: Suntec International Convention Centre (Singapore)

Robotic Installation: Darren Communication Center @ Rensselaer Polytechnic Institute, Troy, NY (USA)

It’s designed to be used interactively over the Web. Kyle McDonald has even hacked it for MIDI support:

Telematic Drum Circle (Hacked) from Kyle McDonald on Vimeo.

Thanks to our friend, the resourceful and talented Memo Akten, for bringing this to our attention.