So, I apologize: I didn’t know the full story when I posted my comment.

That said, I did just go listen to the tracks in question, and… well… to my ear, it’s borderline. It doesn’t sound to me like they just ripped the entire song and sang over it (if you can call it singing)… it sounds like they ripped the beat pretty much verbatim and took some notes for the backing music. So I don’t think the “infringement” is as dire as has been claimed.

Secondly, I don’t think this should be cause for a lawsuit, so much as a black mark on the band. As several people pointed out: they stole the music and called it their creation. Lame. But, really, worth a lawsuit? Not in my opinion.

And, to answer Sizzurp Sippa (while trying to avoid jibes at the handle), yes, I make music. Have for decades. And I release it cc. And if my music were used in a commercial, I’d be pretty psyched. I’d be posting notices everywhere I could: “look, look, some corporation used my music! The rat bastards stole it!” …And I’d be grinning from ear to ear as I did it, cause it would mean more people hearing my stuff.

So, in summary: I spoke too soon and too brashly… CC is obviously comprised of brats. And they done wrong. And the more people who point it out, the better. But I still say that copyright infringement lawsuits are about as useful as brushing your teeth with brillo pads. They do far more harm than good. Sure… sometimes you gotta lay the smackdown. But this is NOT one of those cases.

And Larry Lessig says some pretty amazing things in that video… if you’ve read this far in the comments, you’ll want to watch it.

Also here the limit of sampling and taking a complete song has been crossed..
(they are remixes - not sample based new songs…).

I have done sound for experimental films, working with the excellent freesound database (http://freesound.iua.upf.edu/) I have respected every licence, and attributed every sample…
Also when I work on educational projects and I need illustrations, I look for photographs that are CC licenced on flickr for example, and I attribute each and every one of them, with the name of the photographer and the link where I found it, explicitly mentioning the Creative Commons License. It’s the least you can do… It’s about respect.

But seriously, I think that sampling is a form of expression and a re-interpretation of our experiences. We all draw inspiration from everything we see everyday, although it may not be a blunt or straight forward as outright plagurism, but the issue stands: is sampling necessarily evil?

I think that sampling, as with any art form, needs to be interpreted with judgement on quality, interest, intent, or any personal merits you value. Claiming that the Crystal Castles song wasn’t a very creative use of an uncleared sample is a judgement on the songs values as an art form, and I think a valid opinion. But blantantly calling them theives or casting them out to wear a scarlett letter “S” for all eternity I think is too harsh.

Most things you see/hear/read day in and day out are mere recitations of others ideas. Originality is rare, but opinions are far and wide.

By the fact that sampling is using others work, does not immediately make it an art devoid of creativity. Many artists have used the medium of sampling to great artistry (Q*Bert from the Scratch Piklz, Prefuse 73, Todd Edwards, etc.), and many do not. If you think that sampling at its core is not creative, then logically with the same rationale, one could claim that anyone whose ever used a preset on a keyboard is not creative, or that anyone who uses software that they did not code themselves, is not creative.

I think that sampling familiar sounds and using them in a creative way is a great way for a young band to get their sonic legs under them, so to speak.

The mixtape that Diplo and MIA put out (Piracy Funds Terrorism) was a great and refreshing take on popular songs in a new format. Although this outright (and admitted in the title) sampling made this impossible for any label to handle and release commercially, it garnered support from fans around the world. It generated enough steam that it was worth remaking the entire album in a format that could be distributed (now titled Arular) and fostered the career of one of music’s rare and unique voices.

Give Crystal Castles some time to find their sound, give them time to learn the system. When you give artists room to flourish and grow, they usually surprise you.

Admittedly, the bedroom producer doesn’t have the talent pool and resources of a world class producer. It would be far better, though, to at least try and save oneself the cost of litigation, the eventual settlement, and an Internet pillorying.

Meanwhile … this is like having my very own heckler up there. Awesome.