Slashdot Mirror


Copyrights Need New Business Models

fleener writes "Business 2.0 has an article simplifying the brouhaha over DVD and MP3. In a nutshell, the author argues a new business model is needed which destroys the motive to copy, not the mechanisms used to copy. For example, "a wireless flat-fee/advertising-supported jukebox of unlimited capacity would strip us of our desire to make MP3 files." He goes on to relate this idea to the success of other media formats, such as video cassettes. So, if the mechanisms for copying digital works are not restricted, what business model do you think is viable for the MP3/DVD paranoid entertainment industry?" And more important, how would you convince them to adopt it?

205 comments

  1. I agree by Anonymous Coward · · Score: 0

    Copyrights are starting to get ridicuously dated in concept. We have so much more available to us now than we did in the beginning of the century... back then it was to make sure that one person didn't print 1000 copies of another author's book and make money off of it unfairly. Now we have the RIAA and the MPAA telling us we can buy their CDs and DVDs, yet we don't really own them and they have complete control over everything. Sheesh.

    First post.

    1. Re:I agree by VAXman · · Score: 1

      We have so much more available to us now than we did in the beginning of the century... back then it was to make sure that one person didn't print 1000 copies of another author's book and make money off of it unfairly.

      We have more precisely BECAUSE we have copyright. Do you enjoy movies? TV shows? Music? All of these media require literally millions of dollars to produce. Movies takes many, many millions of dollars to produce. People are able to make money off these because of copyright. Titanic cost $200 million to produce. If it weren't for copyright, it wouldn't have made any money, because it could be freely pirated in theaters. You are completely out of your mind if somebody is going to invest $200 million in something which they are going to give away.

      Copyright law is not a relic, but is more relevant today than ever before. An amazing number of people do not understand the difference between owning a physical artifact, and owning the right to what's on there. In the future, there will be fewer physical artifacts. So the ownership of the content independent of the physical representation is AHEAD of its time, not behind.

    2. Re:I agree by evin · · Score: 1

      You are completely out of your mind if somebody is going to invest $200 million in something which they are going to give away.

      While they might not be able to recoup $200 million on a single movie, perhaps they could recoup $10 million without copyright, by having movies be comissioned. This would probably reduce the number of movies being made and make actors only well-to-do instead of megawealthy, but I would find this an acceptable trade so we could reduce the limits of freedom of speech.

    3. Re:I agree by Anonymous Coward · · Score: 0
      Do you enjoy movies? TV shows? Music?

      Yes. But I'm not willing to give up some fairly basic rights so that someone might make Armageddon.

  2. Laws can't keep up... by CokeBear · · Score: 1

    This world is moving faster than legislators can keep up with. Copyright that applies to printed material can't work in the digital age. People will need to change the way they think about information.
    Information wants to be free. Let it.

    --
    Reality has a liberal bias
    1. Re:Laws can't keep up... by thermostat42 · · Score: 1

      I generally agree with the idea that we do need a new way to think about informatin, but let me play devil's advocate for a moment. There is a lot of talk about making information free, but very little about how to do that pratically in our society. Do we commision pop stars to write songs that we (the general public) then own? If we distribute funds (goverment or otherwise) to artists, how do we decide who gets the money? Would George Lucas be able to make the next Star Wars prequils if he depended on public finacing? I highly doubt it. So, what would this ideal free-information economy look like?

      --
      no comment
    2. Re:Laws can't keep up... by holloway · · Score: 1

      I think the current problem of the media is that it's too cheap to reproduce and so a free information (`end of days` is information?) won't sustain an economy.

      <p>Originally a b&w 2D video couldn't be copied but now it can. Because of the nature of people no one would try and control the tide and so colour films at high res with selectable languages and interactive - flow chart styled - movie sequences are also easy to possibly copy. The technology is wide spread.

      <p>Maybe the artists could move into media that involves technology people don't have the ability to copy. Like atoms and not this easy digital thing.

      <p>Tickle me Elmo is a prime example.

    3. Re:Laws can't keep up... by Anonymous Coward · · Score: 0

      Information can be freely copied. People like to give information to their friends. People prefer to get information without paying for it. QED.

    4. Re:Laws can't keep up... by ekidder · · Score: 1

      > Information wants to be free. Let it.
      Okay, I agree that copyrights and the like need work, but this comparison has always irked me. Information doesn't want to be free. It doesn't want anything. It has no sentience. It sits there and looks pretty for the camera. Some* people want information to be free, but information itself doesn't give a damned.

      * I use 'some' to refer to an unknown number, not to imply any particular amount.

      Eric

    5. Re:Laws can't keep up... by Anonymous Coward · · Score: 0
      And like another AC in a nother thread said, people only want to apply this to other people's work, not their own.

      Explain Linux.

    6. Re:Laws can't keep up... by Anonymous Coward · · Score: 0

      No, the second and third points prove that people want information to be free. The first point adds ability to desire. If people want to do it, and they can do it, they will do it (whether I support it or not). Given the history of copy protection schemes so far, it's unlikely that ability will go away.

    7. Re:Laws can't keep up... by Anonymous Coward · · Score: 0

      I think the sense of the statement is something like, "Heavy unsupported objects want to fall to the ground."

  3. Re:my business model by Anonymous Coward · · Score: 0

    I could go for that. Sounds kinki.

  4. Education... by pen · · Score: 2
    Ignorance is the worst threat to freedom. We need to educate people. I call upon every Slashdotter to explain to at least 3 people tomorrow that it is legal to copy anything for your own personal use, as well as the other issues.

    You should begin the conversation with something like, "So, did you hear what the RIAA are doing?!"...

    (I don't know whether or not this post is humorous...)

    --

    1. Re:Education... by Anonymous Coward · · Score: 0

      Yeah, my personal use like giving copies away.. Yeah.. Yeah!!!

  5. acceptance by cowscows · · Score: 2

    The industry powerhouses won't accept it until they have no other choice. They think they can control everything if they throw enough money and lawyers at it, and they've got plenty of both. I'm not sure how it's all going to pan out, but it's going to take quite some time, and there's probably going to be legal casualties. There's too many people out there sharing the information for the industry to stop them all, so they'll pick the few that they can conjure up the best cases against, and try to make examples of them. History shows that this seldom is an effective technique, especially the short but compelling internet history, but it's going to happen nonetheless.

    --

    One time I threw a brick at a duck.

  6. What about choice? by Crixus · · Score: 1
    a wireless flat-fee/advertising-supported jukebox of unlimited capacity would strip us of our desire to make MP3 files.

    What about choice?

    What if I wanted to listen to a Gentle Giant track from 1974. Or a Dixie Dregs track from 1981?

    Unless this broadcast facility had EVERY RECORD EVER RECORDED this wouldn't seem to elliminate the proliferation of MP3's (which I fail to understand anyway).

    But imagine if you could get EVERY RECORD EVER RECORDED, you could then get Richard Klein to advertise for the company!

    (1970's Comedy reference)

    --
    Ignore Alien Orders
    1. Re:What about choice? by VAXman · · Score: 2

      What if I wanted to listen to a Gentle Giant track from 1974. Or a Dixie Dregs track from 1981?

      Buy all the Gentle Giant CD's while you can get them. Online distribution of music will completely homogenize music, because it is so expensive to deliver music. The margins will be so low (if not zero), that only highly profitable, homogenized music such as Backstreet Boys and Nine Inch Nails will get produced. The more creative and innovative acts (such as the would-be Gentle Giants of the 2000's) will not get produced. The music industry will splinter into two camps: mega-produced mega-stars on one hand, and poorly produced amateur acts on the other. The middle ground of artists who have thrived in the industry, such as Gentle Giant, other progressive musics, folk musics, jazz, and ethnic musics, will be completely destroyed. This is the danger of online distribution. Say goodbye to creativity, and usher in the new era of commoditized downloads, with ads attached.

      I'm particularly not looking forward to the the future of recorded classical music, which online distribution will completely and thoroughly destroy. (Wanna stream The Ring on 56k, anyone?)

    2. Re:What about choice? by cw0000 · · Score: 1
      What are you talking about? That rant has to be one of the most ridiculous things I've ever heard. The fact is that online music distribution will have the complete opposite effect.. With CD's and cassettes, the costs of production and distribution are too high for any individual artist to afford, and hence only a select few of them can enjoy widespread exposure. Online distibution is dirt cheap in comparison, and any almost any musical artist can afford to distribute their works via stream or download. Not every artist will make a lot of money, but making money is not the primary goal of most musicians.

      I completely fail to see how you draw your conclusions. Please explain to me how there is any factual basis in your preposterous claim that online distribution will be more expensive. All it requires is recording a track, encoding it into a digital format, and placing it on a web server. That doesn't guarantee that one will actually listen to you, but that's beside the point. Contrast online distribution with the current CD/Tape distribution model which requires mass production and retail strategies with distributors and resellers.

    3. Re:What about choice? by Scott+Robinson · · Score: 1

      It wouldn't need every mp3 recorded, initially.

      It could work if the users involved were able to post up "want lists" and there were rewards (money?) for posting up the music a requestor wanted. Maybe a flat rate for uploading new music not even on the servers?

    4. Re:What about choice? by VAXman · · Score: 1

      The fact is that online music distribution will have the complete opposite effect.. With CD's and cassettes, the costs of production and distribution are too high for any individual artist to afford, and hence only a select few of them can enjoy widespread exposure.

      The cost of producing music today is GOOD because it pre-selects talented artists. There are tens of thousands of talented artists who produce music today. If anybody has the opportunity to produce music, then people will make MP3's of people singing in the shower. There will be a greater quantity of music, but it will be impossible to sift through it all, because the number of talented artists will not increase substantially.

      I completely fail to see how you draw your conclusions. Please explain to me how there is any factual basis in your preposterous claim that online distribution will be more expensive.

      On-line distribution is not more expensive. On-line distribution will have SUBSTANTIALLY lower margins. This will result only in low risk, mega-pop-superstars who are guaranteed to turn over profit (Backstreet Boys, Pearl Jam, etc.) More creative and risky acts won't receive play because the margins will be so low.

      All it requires is recording a track, encoding it into a digital format, and placing it on a web server.

      It costs between $250,000 and $1,000,000 to produce CD's today. The cost of the physical artifact is negligible compared to the cost of recording. On-line distribution will not reduce the actual cost of music substantially. However, the selling price will go down because most people are so clueless that they think they will be getting less because they don't get a physical artifact.

      Most people who think CD's are expensive don't have the slightest clue about what it costs to produce. Some people seem to think you just go next to the computer, do cat /dev/audio > my-album.au, and you're done. Maybe this will work for certain primitive musics, but I'd love to see you produce something substantial, such as Mahler's symphony #8, for less than $1,000,000. Anybody who advocates less expensive music is advocating a serious degradation in music production quality. As a music lover, I am firmly against this. You are really willing to give up the absolute stellar quality of music production for free distribution? No thanks, I'm more than happy to pay for quality.

    5. Re:What about choice? by Crixus · · Score: 1
      The margins will be so low (if not zero), that only highly profitable, homogenized music such as Backstreet Boys and Nine Inch Nails will get produced. The more creative and innovative acts (such as the would-be Gentle Giants of the 2000's) will not get produced. The music industry will splinter into two camps: mega-produced mega-stars on one hand, and poorly produced amateur acts on the other. The middle ground of artists who have thrived in the industry, such as Gentle Giant, other progressive musics, folk musics, jazz, and ethnic musics, will be completely destroyed.

      Well, I already SEE the industry as destroyed. I don't think there are very many talented people being recorded by major labels (unless we're talking jazz or classical). I have to look far and wide and search hard to find import catalogs to find anything to which I want to listen.

      I'm particularly not looking forward to the the future of recorded classical music, which online distribution will completely and thoroughly destroy. (Wanna stream The Ring on 56k, anyone?)

      I'm really not that certain I agree with you here. I don't think this will affect classical music as much as pop (if at all). Classical music always had a niche.. one even smaller than jazz, and I suspect that this won't change. Not only don't I think the powers that be will want to make it available, I suspect the average classical listener wouldn't like that online method of distribution anyway.

      Just a thought.

      --
      Ignore Alien Orders
    6. Re:What about choice? by Crixus · · Score: 1
      Not every artist will make a lot of money, but making money is not the primary goal of most musicians.

      Huh, well I have dozens of friends who are musicians, and have recorded dozens of bands over the last 4 years and can assure you... most of the musicians I've worked with want to make it, and make money at it. But that's just my experience.

      I completely fail to see how you draw your conclusions. Please explain to me how there is any factual basis in your preposterous claim that online distribution will be more expensive. All it requires is recording a track, encoding it into a digital format, and placing it on a web server. That doesn't guarantee that one will actually listen to you, but that's beside the point.

      It seems to me that that is PRECISELY THE point. What's the difference if we're using the old system and no one is listening to you because you can't afford distro, or you're using the new system and no one is listening to you either?

      It's sort of like asking if you'd rather be killed by bullet or by drowning. Ultimately, DEAD IS DEAD.

      Are you now going to claim that not only don't musicians want to make money, but that additionally they don't want to be HEARD?

      --
      Ignore Alien Orders
    7. Re:What about choice? by Crixus · · Score: 2
      The cost of producing music today is GOOD because it pre-selects talented artists.

      Well I certainly don't agree with that. The worst bands I have ever heard in my life are often given HUGE recording budgets, and the most talented people I have seen are given nothing, or have to fund themselves. Blame people's watered down musical pallettes.

      this will result only in low risk, mega-pop-superstars who are guaranteed to turn over profit (Backstreet Boys, Pearl Jam, etc.) More creative and risky acts won't receive play because the margins will be so low.

      As I said to you in a previous post, this seems to describe the industry already.

      It costs between $250,000 and $1,000,000 to produce CD's today. The cost of the physical artifact is negligible compared to the cost of recording.

      Perhaps if you're talking about the top .1% of the people being recorded today. But with the proliferation of high quality inexpensive digital formats like 20-bit ADATs and consoles like the Yamaha O2R, you can produce recordings with very good sonic integrity at very reasonable prices. (although I prefer analog, but that's another subject entirely!)

      I was lucky enough to have the opportunity to record the most talented musician I've seen in a long time, and we did a full length jazz-fusion CD (~59 minutes) for around $11,000. This included recording, mix, mastering, and production of 1000 initial units.

      I'm pretty happy with the sonic integrity of the finished product (recorded on 16-bit ADATs and mixed on an Amek Big (by Graham Langley) console with a decent selection of outboard gear.

      Sure, in retrospect I would have done a few things differently and perhaps made it sound a bit better, but we learn something new every day.

      Could I have made it better with a $100,000 budget? You bet... a better console with better mic pre's and a better mix path would have helped... at least to my ear. But is John Q. Citizen going to hear the difference?

      Nah.

      Sure given the choice and money I'd be happy to take it to that next level. But with a lot of the gear today, I'm not convinced it's necessary anymore.

      Anybody who advocates less expensive music is advocating a serious degradation in music production quality. As a music lover, I am firmly against this. You are really willing to give up the absolute stellar quality of music production for free distribution? No thanks, I'm more than happy to pay for quality.

      In the long run I agree with you. I consider myself an audiofile and a perfectionist in the studio. Bad engineering and bad production make me CRINGE (you have no idea!)... I demand stellar music production... but I don't think you need to spend $1,000,000 unless you have the very example you cited. An orchestra with dozens of musicians and the necessity of a huge studio environment. Other wise you can do great work for in most cases for mid 5-figures, and often less.

      --
      Ignore Alien Orders
    8. Re:What about choice? by dfreed · · Score: 1

      Acualy the point is that if the artist is out there, and he or she is any good then there is a fair chance that they will develop a loyal following. If they do not, well remember that survival of the fitist thing that they talked about in school? The real point is that it makes no difference if the artist is having trouble reaching the public. When a large organization or group of people say that my basic freedoms (of speech, and property, to name two) are less valuable than any artists privilige (and it is a privilige) to be heard by a large group of people, and to make money off of that audience then there is a HUGE problem.

      P.S. Most major musicians do not write the music that they play anyway, it is writen by smaller musicians and sold (at a price that would make you cry) to Garth, Reba, and Puff Dady.
      For me to find truly good music, I learned about it from a friend (by hearing it at an underground party), then after using a fan sit and bootleg MP3 snipits (a briliant idea, copy the most recognizable 30 second of a song and set it free on the net, with info at the end on how to buy) to determin it was indeed what I was looking for, I ordered it from germany, and payed for airmail delivery to california (and got it in less than a week). And it still cost $2 less per CD that buying CD's at Tower or Best Buy. And due to my experience, I will most likly end up buying all of the CD's that the band has ever published. Now tell me about the good things that RIAA is doing for american artists again?
      (BTW no music store in the USA even knows that the band that I bought, exists. Good job RIAA!)

    9. Re:What about choice? by Rhysling · · Score: 2
      Anyone who has worked in the music industry knows that the labels and the big 5, whup 4, music companies treat their talent like sh*t. It's not music, it's product. If you don't believe me, read Moses Avalon's book "Confessions of a Record Producer".

      Now that we've established that, take a look at the history of copyright and authors vs publishers at: http://dvd.picketwyre.com/~hthor eau/css.html#history. Copyright was first established as a right of publishers over the authors and public. It didn't work. Copyright was established in the US to be a bargain between author and public, not between publisher and public.

      Online distribution of music will completely homogenize music...

      Like having 4 record companies and 5 radio station chains hasn't?

      because it is so expensive to deliver music...

      The typical "big label deal" costs about 250k-1m to produce. 19 times out of 20 the deal ends up with the artist in debt to the label - the album must sell more the 2m copies! Basically musicians are forced into indentured servitude for two or more albums more by the legalize in their contracts at that point. Ever wonder why the 2nd album sucks? It's because the artist is broke and still has to fill his contract.

      The odds of success and profits are much better at the indies. An album might cost 50k to produce, and is manufactured in small quantities. A working musician like Christine Lavin can tour, fill small halls, sell a few dozen CDs a day, and make an honest living. With the decline in price of a good home studio (you can build a good 24 track home studio for less than 10k these days), it is perfectly feasible to self produce your own albums. MP3 cuts the labels and distributors and radio stations out of the distribution problem entirely - with MP3 there is no dependence on airplay, bribes, distribution, at all!! And I for one, and every last musician I know that has had the music industry suck on their tit - say - "Good Riddance, Music Industry. Don't let technology's revolving door hit you on the way out. Have a nice day. Don't call us, we'll call you."

      I think with the advent of MP3s homogenized music such as the Backstreet Boys and Nine Inch Nails will go the way of the dodo. Instead of a few dozen mega-stars we will see tens of thousands of musicians finally able to make a modest living in music.

      As for the delivery costs of radio stations... who cares? They can go the way of the dodo, too....

      Say goodbye to creative and innovative acts...

      The creative and innovative acts will always get produced. An artist is not driven by money but by the need to creat art. Further, widespread MP3 availability will make it possible for these acts to be heard and to get gigs.

      Say goodbye to creativity...

      We've already said goodbye to creativity. Albums using sampled music are so dangerous to produce due to various claims to copyright on "licks" that it's amazing any new music is being produced at all in the United States. This is a case where music as property has been taken too far. Can you imagine a world where every time you play a lick from Professor Longhair or Eric Clapton you have to pay a royalty?

      Usher in a new era of commoditized downloads... I admit that I'm bugged by the sites that destroy or cut various Mp3s that they are distributing in the name of advertising. This is destroying art. This is treating art as property. I have to point out that LONG before mp3s existed there was the informal concert taping community (DAT-Heads) - who've been trading tapes for a long time and many bands support our efforts!!

      It is the labels that are against concert taping and MP3s because they believe in a law of artificial scarcity, that somehow there being one and only one copy of "Sensitive New Age Guy" somehow increases its value, which is dead wrong. Music evolves. Every live performance is different.

      As for your last point about the future of recorded classical music, do you have any idea how much money recordings net most orchestras? Zip. Nada. Nothing. Zilch. I think high quality MP3s of classical music will do more to open up peoples ears to classical and into attending classical concerts than any number of snooty PBS shows.

      A future where good music is distributed commercial free via MP3s, where an artist can make a decent living playing live and from selling albums at shows - that is the world I want to live in.

      (I buy CDs at every show I go to - why? because I can get them autographed, I always find CDs I had never heard of, and I'm supporting the artist)

      I, Rhysling

    10. Re:What about choice? by heikkile · · Score: 1
      I'm particularly not looking forward to the the future of recorded classical music, which online distribution will completely and thoroughly destroy. (Wanna stream The Ring on 56k, anyone?)

      I am not at all sure. I can see at least three sorts of classical recordings that could survive.

      1) I know of many small CD-labels that produce niche classical music (Wildboar, for example specializes in early keyboard repertoire, harpsichords etc.). They are visible on a few mailing lists, and sell mail order to the small market of enthusiasts. They produce really good quality stuff, and take care of covers and booklets as well.

      2) Most young classical musicians try to build some name by publishing a CD or two early in their career.

      3) Most large orchestras and operas (at least here in Europe) are sponsored anyway, and live for concerts. They could (and do) also record their music, although they won't be making much of profit on that.

      At least in these cases allowing free download of MP3's would not hurt them much. Those who really appreciate the stuff would probably like to buy it anyway, either as a CD or as subscription to the "official" download site. The kind of classical music that would not survive is all those "mega" stars that are sold more as entertainment as for their musical value. (Three tenors on a skating ring, Vanessa Mae's violin and light show...) This sounds like good thing to me.

      --

      In Murphy We Turst

    11. Re:What about choice? by paranoidfish · · Score: 1

      The cost of producing music today is GOOD because it pre-selects talented artists. There are tens of thousands of talented artists who produce music today. If anybody has the opportunity to produce music, then people will make MP3's of people singing in the shower. There will be a greater quantity of music, but it will be impossible to sift through it all, because the number of talented artists will not increase substantially.

      So the world wide web won't work either because people won't be able to find what they want?

    12. Re:What about choice? by Anonymous Coward · · Score: 0
      Most people who think CD's are expensive don't have the slightest clue about what it costs to produce

      I think you're ignoring a pricing trend that was started by CD's.

      If you remember vinyl records, they used to cost between $5-7 (cheaper on sale or for top 10 acts). When CD's came on the scene in the early 80's, they were $14-17 per CD because the record industry said "only 3 factories can produce them, so they cost more. Just wait, these are so cheap to produce that when we ramp up, the cost will be the same as vinyl."

      Okay. We bought them, expecting the price to come down when CDs became more popular.

      Well, guess what? Vinyl disappeared, the $5 LP went away, and we're stuck with $14 CD's.

      Are you now arguing music has gotten better because record companies have higher margins on their product?

      Radio stations playing music don't cost artists any money (just the opposite), but somehow free music streamed across the internet will make sure all our future musical acts are Brittany Spears? I just don't see it.

    13. Re:What about choice? by VAXman · · Score: 1

      If you remember vinyl records, they used to cost between $5-7 (cheaper on sale or for top 10 acts). When CD's came on the scene in the early 80's, they were $14-17 per CD because the record industry said "only 3 factories can produce them, so they cost more. Just wait, these are so cheap to produce that when we ramp up, the cost will be the same as vinyl."

      But, ah - today CD's at discount stores cost $12.99, which is substantially less than $14 in 1985 dollars (perhaps 50% as much?). There is an article on the Hyperion website which shows that the price of recorded music has decreased dramatically since the beginning on the 20th century. In the early part of the century, one single record cost a good portion of a man's weekly wage, but now the $12.99 is absolute peanuts.

    14. Re:What about choice? by Crixus · · Score: 1
      Acualy the point is that if the artist is out there, and he or she is any good then there is a fair chance that they will develop a loyal following.

      I guess that depends upon how you define your terms, both "fair chance" and "loyal following".

      When a large organization or group of people say that my basic freedoms (of speech, and property, to name two) are less valuable than any artists privilige (and it is a privilige) to be heard by a large group of people, and to make money off of that audience then there is a HUGE problem.

      I agree with you.

      P.S. Most major musicians do not write the music that they play anyway, it is writen by smaller musicians and sold (at a price that would make you cry) to Garth, Reba, and Puff Dady.

      Definitely, I'm completely aware of that.

      But the artists I work with actually have talent and can play their instruments... and also write their own music.

      (BTW no music store in the USA even knows that the band that I bought, exists. Good job RIAA!)

      What band would that be? I have trouble finding worthwhile stuff myself.

      --
      Ignore Alien Orders
    15. Re:What about choice? by ktakki · · Score: 1

      But imagine if you could get EVERY RECORD EVER RECORDED, you could then get Richard Klein to advertise for the company!


      Um, you mean Robert Klein, no?

      IIRC, his comedy bit (from _Mind over Matter_, Buddha Records, 1973) predicted the advent of shovelware ("Yugoslavian (sic) language records...we send a dumptruck to your house!")

      k., now digging up his copy of _Night of the Living Dregs_...
      --
      "In spite of everything, I still believe that people are really good at heart." - Anne Frank
    16. Re:What about choice? by Anonymous Coward · · Score: 0

      mm.. never! i said never!

    17. Re:What about choice? by Anonymous Coward · · Score: 0

      never again!

    18. Re:What about choice? by Anonymous Coward · · Score: 0

      never ever again!

  7. Isn't this already happening by Anonymous Coward · · Score: 0

    This is exactly what cable tv is, isn't it?

  8. "wireless, unlimited jukebox"? by arcsNsparx · · Score: 4

    Let me see if I got this straight - Wireless, flat fee/Advertising supported jukebox with unlimited capacity... So we would set up transmitters in every city, and a phone line where listeners could call in and ask for a song to be played, and have different kinds of stations play different kinds of music! And support it by ads - we could even offer news and weather on the hour! And THAT could be sponsored by advertisers too! People could have little players that fit in cars, on their wrist, on their heads! Maybe we could call it - FM Radio!!! Genious? No - maybe something else.

    1. Re:"wireless, unlimited jukebox"? by rbrander · · Score: 1
      Spot on. The advertising model has been done with audio, video, and text.

      Rod Serling put the complaint about this model the best:

      It is impossible to tell a story properly and keep the audience in the right mindset when you are interrupted every 12 minutes by cartoons of dancing toilet paper"

      We need a mechanism to provide content for pay without the intolerable interruptions of advertisers.

      I would suggest that the ad-free digital music channels that are thrown in with most satellite TV deals are an example - particularly of the value put on the feed: near zero. 7x24, times a dozen music channels, for an extra five bucks a month on the pay-TV deal. That's half a milli-cent per 5-minute tune.

      I'm very sorry for people wedded to the profit margins in the current business model, but it's over.

      A century of world exploration was funded by the profits on "spices of the Orient" when pepper traded ounce-for-ounce with gold. Pepper is now a thousandth that price.

      They'll just have to get over it.

    2. Re:"wireless, unlimited jukebox"? by holloway · · Score: 1

      There was an idea I read in the paper a few days ago about movie rental that you earned by watching ten minutes of adverts and answering questions - or paying the rental fee.

    3. Re:"wireless, unlimited jukebox"? by Anonymous Coward · · Score: 0

      Not that I agree or disagree with this idea, but I think people have been missing the point in their responses to the original poster.

      The key term is jukebox. I get to choose the music I want to listen to and it gets played for me. Now, if it were a shared jukebox, I would have to listen to others selections as well, but if it were a personal jukebox, I would only hear the music I selected. (and the commercials in the model proposed.

      Just yesterday I was in a conversation talking about which parts of the music 'industry' would still be needed and which parts could be done away with. Also, how would the parts that remained change in appearance/function? It makes for interesting discussions.

      Bob Clip - friend of A Nony Mouse

    4. Re:"wireless, unlimited jukebox"? by Andy+Dodd · · Score: 1

      That's the basic idea. IMHO, the best way to sum up the difference between "what's out there" and what Jim Griffin proposes is, "FM radio on steroids"

      Disadvantages of FM radio:
      Having to change stations
      Lack of selection/bandwidth. FM equipment isn't too expensive for a small station, the license is. (Although the FCC is working on that problem, see past /. articles.)

      A digital system in a higher band (read: More bandwidth) would offer far more. Kind of like the difference between AM in the 1.8 MHz area vs. FM in the 88-108 range. Kind of like what satellite (esp. DSS) has done for TV vs. broadcast - Dish now offers 500 channels with integrated channel guide and super-high quality. Think audio channel guide with 5.1 channel Dolby Digital surround sound.

      --
      retrorocket.o not found, launch anyway?
  9. Capitalism at its finest by cdlu · · Score: 4

    Always one for cynicism, I think this whole thing with the RIAA and the MPAA and the DeCSS is just going to show how far out of whack US capitalism has gone.

    Patents, Copyrights, etc. are[were] designed to protect people, not profits. It used to be a crime to profiteer in the US, now its a crime to prevent the rich from getting richer. I feel very strongly that its time for the US to go back to revolution and start clean. Same applies to most western democracies.

    I can't remember who said it (I'm no historian), but one of the American 'fathers' cautionned that the US needed a civil war or societal restructuring of some sort every generation to ensure a truly democratic nation.
    #include <signal.h> \ #include <stdlib.h> \ int main(void){signal(ABRT,SIGIGN);while(1){abort(-1); }return(0);}

    1. Re:Capitalism at its finest by paulydavis · · Score: 2

      thomas jefferson ...every thirty years...

    2. Re:Capitalism at its finest by Anonymous Coward · · Score: 0

      thanks :)

      -cdlu

    3. Re:Capitalism at its finest by Tino · · Score: 2

      Jefferson said: "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."

    4. Re:Capitalism at its finest by fcd · · Score: 1
      thomas jefferson ...every thirty years...

      however, when he said that a revolution included the leading political party changing, or a changing of power in the Whitehouse.

  10. A good, solid Marxist idea... by atallah · · Score: 1

    Yes, wouldn't it be wonderful if everyone had unrestricted "free" access to all art (note... Britney Spears and NSYNC are not art, and should cost extra) and literature, but how feasibly is it really? Record companies and publishers are not going to be convinced that they can make as much money by "giving away" their "products," even if it might be true! They will fight tooth and nail, we are living in a world where money is the driving force, not quality of life, i'm sorry to say.

    1. Re:A good, solid Marxist idea... by uh · · Score: 1

      Since they do not compose any of their own music (at least to my knowledge) they are not artists. They are performers though. Some might even consider them entertainers (although I don't :).

    2. Re:A good, solid Marxist idea... by uh · · Score: 1

      The point is they don't produce any of it. They PERFORM. The dance is choriographed (sp) by choriographers (sp). The songs are written by other people. The music is written and performed by others. They are strictly involved in performing. I guess you could consider their idiosyncratic styles art, however, I think that would be a strech. I'm not belitteling the importance of performance, I'm just saying they aren't artists.

    3. Re:A good, solid Marxist idea... by TomV · · Score: 1
      I'm not belitteling the importance of performance, I'm just saying they aren't artists.

      Rudolf Nureyev, Luciano Pavarotti, Yehudi Menuhin, Artur Rubinstein, Otto Von Klemperer.

      TomV

    4. Re:A good, solid Marxist idea... by atallah · · Score: 1

      I know its off-topic, but i need to respond...

      If i sell millions of records it doesn't make me "good!" In fact, it means that i am not "good" if i have to make something that is "something" enough for millions of people to like, i probably am trading quality for "likeabilty."

      "Art" should be about expression, right? Q: "How is Britney (s)expressing her self?" A:"I want to sell my body to make money!" NOT ART!

  11. Could have been easy, now it's tricky by P_Simm · · Score: 4
    If the industry had been more tech-aware and less paranoid, they could have turned the mp3 trend into their own cash cow - not by trying to sell them, but simply by dominating the mp3 scene with their own free distribution of singles. They could have set up their own mp3 web sites, paid for by advertising and by the generated sales. They wouldn't be giving up much more than they already do by playing singles on the radio. They probably would have stopped the illegal mp3 scene from growing so rapidly, since almost everyone looking for mp3's just wants the latest single they heard on the radio anyway.

    Now, the mp3 scene is probably too big for them to even catch up with, and they won't release singles for fear of appearing weak on their anti-piracy stance. It'd be great if an intelligent business approach was taken in this area - let's just hope it's not too late.

    --

    You know what to do with the HELLO.
    Help create an open-source world ...

    1. Re:Could have been easy, now it's tricky by Sloppy · · Score: 2

      Actually, some parts of the industry have embraced MP3. For example, at Noise Records you can download MP3 singles from the latest albums by Kamelot, Virgin Steele, Stratovarius, etc. The difference is that you'll probably hear the MP3 and buy the CD many years before it ever actually gets played on a radio station. ;-)

      I think that somebody at Noise must really have a clue. They realize that The Internet is the way to publicize, if you don't have a large payola budget to put things on radio/MTV/etc.


      ---
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  12. RIAA by Gutzalpus · · Score: 2

    The RIAA really does need to take a whole new approach to the way they do business. Instead of relying on overpriced CD's for revenue (and attempting to add a copy-protection scheme once they realize there is no way to stop the mp3 revolution) why don't they attempt to make some money out of this?

    They should just put up a massive online collection of mp3's of all the artists from major labels. They could rely on ads and/or promotions (concert tours, merchandise, etc) to generate income...they could even charge a nominal fee for unlimited access to the servers, and I don't doubt that an enormous amount of people would flock to a site like this. As nice as Napster is, it's very irritating when my transfers get cancelled midway through - or when I try to download from someone on a "T1" line speed and get 2k/sec... if the recording industry put up servers with all their music in mp3 form they would make a LOT of money. It's really too bad that they don't seem to understand this. Instead of adapting to new technology, they're simply trying to suppress it, and if history is any guide they are obviously doomed from the start.

    1. Re:RIAA by Tino · · Score: 1
      A lot of people would (and probably will) point out that denying artists the income from recordings will result in the End Of Music, etc., etc., woof woof woof.

      The problem with that idea is that music (and all other art) existed for millions of years prior to the rise of the RIAA and the MPAA. And never mind that only a few artists at the top of the recording food chain ever see much money from the sales of their recordings.

      mp3s do not pose much of a risk to the income of most recording artists. They pose a risk to the very existence of the recording companies, though. This is why it's the recording companies, not the artists, that are telling you about how much money the artists are losing because of mp3s.

      It's important to realize that. If the companies were just interested in maximizing their profits in the face of new technology, they'd eventually face reality and do what was necessary (like distribute their artists' mp3s and sell ads).

      But because the recording companies' only reason for existence is that they control the means of physical mass-distribution of the artists' product -- CD-pressing plants, record store supply chains, etc. -- they will fight any new means of mass-distributing that product to the bitter end.

      My assessment is that the recording industry, in anything like its present form, is no longer a viable business to be in. Either the companies will go bankrupt attempting to fight technology, or future artists' contracts will not grant exclusive distribution rights to the recording companies, and they'll go bankrupt after the artists discover that they can now effectively self-distribute and still make their money (as they do now) from concert ticket and T-shirt sales.

  13. Can someone please explain to me... by uh · · Score: 2

    ... how copying an mp3 is different from stealing? If I walk into a car dealership and drop off $5000 (to pay for cost the raw materials that compose the car) for a car and drive off with a $80,000 car, is this not wrong? How is copying an mp3 any different? Theoretically I don't even have to drop the $5000 because the cost of the raw materials is arbitrarily assigned, and in my opinion those materials are abundant and can be easily found, thus they should cost nothing, thus the price of the car is nothing.

    1. Re:Can someone please explain to me... by sylvester · · Score: 2

      Because once you've executed this little scenario, the car is no longer in the shop.

      Whereas, with an mp3, or anything digital, it's still in the shop.

      Arbitrarily assigned does not mean zero, either.

    2. Re:Can someone please explain to me... by uh · · Score: 1

      They still have the information to build the car. They just have to assemble it. (Remeber in the copying scheme we have labor == $0).

    3. Re:Can someone please explain to me... by evin · · Score: 1

      The difference is that with a car, labor has to be performed with every car made, whereas with online music distribution, the marginal cost is zero.

      A proper analogy would be looking at your neighbor's car (with his permission) and building your own car, modeling it after his. The car company can still sue you for doing this, but it seems a lot less like theft to most people.

    4. Re:Can someone please explain to me... by cw0000 · · Score: 1

      Suppose I like the car you're driving and decide that I want one just like it. As this is a futuristic setting, I take out my molecular replicator (which as of so far has not been invented), zap your automobile and create an exact replica for myself. Your car is unscathed, and you may continue to use it just as you did before. The only difference is that I now too have a car. I haven't stolen anything from you in this situation. "Stealing" requires taking something away from you, which I haven't done.

    5. Re:Can someone please explain to me... by uh · · Score: 1

      The copying model has no method of compensation for labor. Thus, labor in your counter-example doesn't matter. Labor is free in the copying model.

    6. Re:Can someone please explain to me... by evin · · Score: 1

      Mostly I was just saying that your analogy isn't valid; you can't directly equate information with physical items until we have replicators and free energy.

      But even in a world without copyright, labor would still be compensated. The proof of this is obvious: before copyright existed people were paid for their labor. People even wrote, composed, and painted some of the most impressive art ever created. They were paid by commisions, were born into wealthy families, or did non-artistic jobs on the side.

      Programmers have little to fear from copyright disappearing; there will always be the need for custom versions of programs and support. Neither do architects; many people want buildings for specific purposes or just want their house to be different. Writers, musicians, and other artists have been funded by governments and large organizations throughout history, and today too. Even without this, responding to desire for specific individual products should be enough to let most of them earn a living.

      Perhaps people would stop becoming millionares with "intellectual property," but that wouldn't be such a terrible thing.

    7. Re:Can someone please explain to me... by Anonymous Coward · · Score: 0
      There is no difference, it is stealing because the law says so.

      The point is that it is increasingly difficult to justify these laws. They are not in the general interest.

      Changing the law takes a long time, but it will change, and copying music won't be stealing some day.

      Copying music today is a good way of speeding up the lawmaking proces. It is unfortunate that this is illegal and that I can't pay the artist. But that just doesn't weight up to the plusses.

    8. Re:Can someone please explain to me... by Smallest · · Score: 1

      You are talking about making a car vs. copying a song. You forgot the part where the song is made...

      While it's possible to get a decent recording on less than $1000 worth of recording equipment, you'll get much better results with $10,000.

      Where does that money come from?

      As an independent (unsigned) artist, or small record label, you might have to dump a big chunk of your budget to make that recording. And, you spend it hoping to make it back in sales - yes record (CDs, tapes, 45s) sales.

      The cost of distribution may be zero. But, as with software, the cost of production is not zero.

      <rant>
      Giving away MP3s of your stuff is fine for artists like Pearl Jam who have already received enough of a push from traditional media to guarantee that they'll still sell records and concert seats. But denying small artists the right to make money on sales of their recordings, just because it's really easy to pass copies around the web is wrong. Nowhere does it say that a person is entightled to make copies of something, just because it's easy to do.

      Whenever I see arguments for doing away with the current copyright laws, the people arguing always sound like spoiled children who just want to have their MP3s and warez without regard to the effort that went into creating the original work.

      </rant>

      --
      I have discovered a truly remarkable proof which this margin is too small to contain.
    9. Re:Can someone please explain to me... by Anonymous Coward · · Score: 1
      ... how copying an mp3 is different from stealing? If I walk into a car dealership and drop off $5000 (to pay for cost the raw materials that compose the car) for a car and drive off with a $80,000 car, is this not wrong?

      Let's turn your rhetoric on its head: If I build a car identical to the one in the dealership, from my own materials, is that stealing?

  14. yea right by paulydavis · · Score: 1

    These companies that are very profitable are going to lose money and go to flat rate scheme that lets you get what the hell you want...WRONG..the issue is that it's not that their loosing money from mp3's (people still by cd's) it's the fact thier loosing control..to quote austin powers Its about "freedom baby Yea"...our freedom..and the artist freedom. Freedom not to have to lick the boots of some corporate thug.

    1. Re:yea right by Anonymous Coward · · Score: 0

      huh huh... you said loosing... huh huh

  15. Cost & Ease of use. by Bryan+Andersen · · Score: 1

    Cost will be a major driving force. For any method to work it will need to make it cost effective to just buy the original.

    With the advent of very fast computers it is just not possible to make a copy protection scheme that will last for any duration. A means around the protection will always be found. Encryption is easy to break because the key needs to be on the player at some point, and at some point the raw digital data needs to be available. Due to both of these constraints it just isn't feasable to use copy protection to protect a work. There will always be a way around it.

    Ease of use. If Joe Schmoe 50 IQ can't deal with it, it will fail.

    Because of these constraints I feel low cost download will likely be the wave of the future.

    1. Re:Cost & Ease of use. by -cman- · · Score: 1

      Pricing and cost are the issue. Let's look at music. For as long as the recorded music industry has existed, cost has been dependent on the record companies' cost of production, distribution and marketing. Production is easy to cover, especially in the case of smaller, "indie" releases. The rest of the costs are for production of physical copies of the recording, packaging and marketing and also cost of distribution of physical copies to retailer/end-user. The price is then established by the industry by cost+profit basis as essentially whatever the market will bear.

      Does anyone really believe that a Brittany Spears CD is objectively WORTH US$17.00?

      What digital technology allows us to do is to eliminate the most costly part of the production and distribution process, the physical manifestation of the recording. Therefore, the price should go down. It also allows us to pick and choose individual songs, e.g. from MP3.com or whatever. Most people don't yet have the drive space and bandwidth to collect a whole collection of "albums" in digital format. So, most just get the songs they like.

      What is the true price of a song? US$5.00? Probably too high. How about US$1.00?

      At that price, assuming it is easy to acquire for the end-user, the low cost of acquiring the music legally makes the pain of trying to hunt down a decent bootlegged copy not worth the effort.

      Of course this would require a complete change in the way record companies do business. They would have to cut costs, do away with all the perks of being record industry big-shots and actually run their businesses like, well... businesses.

      Of course the impact on mediums like film, where the production costs are so much higher will be greater, as will the resistance, which is why we see the motion picture industry leading the CeCSS charge.

      Well, too bad for them.

      Heinlein, in one of his first published works, hit the nail right on the head: "There has grown up in the mind of certain groups in this country that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of protecting such a profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is not supported by statute or common law. Neither individuals nor corporations have the right to come into court to ask that the clock of history be stopped, or turned back."
      "Life-Line," 1939.

      It is only a matter of time before some federal judge figures this out.

      --
      "Being Irish, he possessed an abiding sense of tragedy which sustained him through brief episodes of joy." -W. B.
  16. not needed by andrewmuck · · Score: 1
    I really don't think it is neccessary. So long as material is priced within reason the vast majority wont copy.
    Sure some people will pirate like mad, they are pirates and the law can deal with that.
    keep prices cheap more people will buy legit. Half of the reason the estimates of piracy are so high is that it is calculated on an inflated fee in the first place.
    • High price == high piracy == same profits
    • Low price == low piracy == higher profits
    • flat fee == medium piracy == cable TV
    • no fee == minimal piracy == radio / TV

    cya, Andrew...
    PS:anyone else notice xooom.com's stats are haywire??

    --
    This is my sig, exciting huh!
  17. The Fundamental Difference. by Hrunting · · Score: 3

    There is one major fundamental difference that everyone seems to ignore when it comes to MP3s and DVD piracy. Whereas with videocassettes and cassette tapes and photocopies, you had to pay for some sort of medium on which to copy the target work, with MP3s and DVD rips, you don't need anything but disk space, which people already have. I see people say that copyright laws were there to prevent people from rattling off 1000 copies of a book and then selling them, but a) it cost a bit of money to rattle off 1000 copies and b)the copies weren't identical to the original. But with an MP3 rip, it is identical, and it doesn't cost anything to do it. Sure, no one's selling MP3s, but copyrights weren't meant to prevent people from selling stuff, they were meant to give the author the right to manage the content, including distribution. Giving something away still steals a sale from the copyright owner.

    The VCR debate is not an analogy to the Mp3/DVD debate since it required both a) an extra machine and b) another video cassette. Both induced financial burdens that could be monitored, but the warez activity on USENET shows that this is not the case for MP3s. What the RIAA and MPAA are worried about is not controlling your lives to make sure that you can't get your information, but controlling their information which they have the legal right to distribute. The problem they have is that people are ignoring that right, just simple blatant ignorance. I think the MPAA and RIAA are taking a typical corporate hard-line stance in favor of their legal arguments, their open-source opponents are taking an equally hard-line stance against them, and the end result is helping neither side. OS people look like a bunch of little anarchist brats with no regard for the world they live in. Just as the MPAA and RIAA have been adversarial in their approach to the situation, OS members have been just as adversarial in theirs ("Oh, well, if we post DeCSS to all the newsgroups and message boards on the Internet, they can't stop us!").

    The article's suggestions about a jukebox and about new copyright laws are what I would call constructive ideas. They show the MPAA how to control distribution in such a way as to give the people what they want. I think the idea itself is a bit too much like radio and does not take into account that people can freely copy the data and ignore the signal, but at least it's constructive. It ignores that fundamental difference, though, free and easy redistribution.

    I personally wouldn't mind paying for my MP3s or DVD rips. Figure out a way to code in a security check that replies with a key unique to your player, so that even if you do copy it, it needs a certain key to play. Granted, any security system can be cracked with brute force, but if that's the only way it can be cracked (ie. no deCSS our there for the files), then that's ten times better than battles between crackers and corporates.

    The idea is not to reject our current copyright system, for it does work very well to protect intellectual rights. The idea is to figure out a way to respect those rights and give the people their data. I would much rather listen to my music knowing that I had respected the author's right to distribute it than listen to brats and bigwigs bicker back and forth about what each other's rights are.

    1. Re:The Fundamental Difference. by warpeightbot · · Score: 1
      The fundamental difference between sucking MP3's across the net and using DeCSS to play a DVD on my Linux box, is that I *own* the steenking DVD, legit, paid for, and so long as I don't give away copies or charge people to see it, I should be able to see it on whatever hardware I so choose. Besides, I don't even want an archive copy; I don't believe in wasting that much disk. What the MPAA is doing with DeCSS is like telling a blind guy he can't use his OCR to speak a book aloud. All's he's doing is using different hardware to exploit the media.

      They tried similar bovine scatology with DiVX and failed miserably. If these beauzeaux don't get a clue fast, I get the feeling that ESR and I are going to have a little party with our DVD players and some hot lead, and publicize the hell out of it. So maybe VHS isn't as durable as DVD.... that's why you make archive copies. It beats the hell out of kowtowing to those goons' ivory tower.

      Feel free to flame the snot out of me, and thrash my karma to hell. That's how I feel about it, and anybody who says I can't do as I please with the bits on a disk I *own* can just stick it.

    2. Re:The Fundamental Difference. by sparkane · · Score: 2

      The article's suggestions about a jukebox and about new copyright laws are what I would call constructive ideas.

      I personally think that the music industry, and maybe the entire entertainment industry, will undergo a huge change in its "business model" not simply because of the internet, but simply because of the way the tech is getting cheaper and cheaper. I can set myself up with a computer-based recording studio for $2500, which includes a nice computer with lots of storage and memory and a Digi001 card (8 line-ins). (In case someone doesn't believe me: I'm doing it.) I don't know about movies, but I would be interested in hearing from others how hard/easy it would be to set up their own studios, using computers.

      I don't think there will be any real need for the big studios in say about 30-40 years. I can see that kind of power and influence being useful for touring, which is where bands make most of their money, but I think recording will start to fall by the wayside, become a sort of vanity thing. It will become too easy for Joe Schmoe to get his or her (Jo) own studio set up in their basement for little outlay. Although, to be honest, the REAL locus for THAT little change will have to be in the minds of the musicians themselves. If musicians stopped feeling like they need to be on MTV, and started committing to a DIY set-up, then the big labels really would be in trouble.

      Of course, they encourage that attitude.

      Anyone got observations on how the movie industry will go?

    3. Re:The Fundamental Difference. by Anonymous Coward · · Score: 0

      you said "The idea is not to reject our current copyright system, for it does work very well to protect intellectual rights. The idea is to figure out a way to respect those rights and give the people their data. I would much rather listen to my music knowing that I had respected the author's right to distribute it than listen to brats and bigwigs bicker back and forth about what each other's rights are."

      Intellectual rights are created to insure credit. Why does this have to be in a monetary form? artists can attract revenue in a variety of ways other than recieving direct compensation (of which some soul-less corp. has skimmed 80%) for each digital copy. Today data costs so much more to restrain and control rather than than free and support. It seems to me any smart capatalist would fleece consumerism by freeing and then supporting a products path into the hands of the market.

    4. Re:The Fundamental Difference. by Shoeboy · · Score: 2

      But with an MP3 rip, it is identical, and it doesn't cost anything to do it.
      I guess you don't have very good audio hardware. MP3 rips are a definite drop in quality from the original CD. Listen on a good system and you will definitely notice the difference. Not that it matters much for the Dead Kennedys or Sex Pistols, but still...
      --Shoeboy

    5. Re:The Fundamental Difference. by Fisics · · Score: 2

      >But with an MP3 rip, it is identical, and it doesn't cost anything to do it.

      Mp3 rips are very lossy, the sound difference is easily discernable depending upon the ripper, especially at the almost-mp3-standard of 128 kbps. If you listen closely to an mp3 you can easily hear a whooshing sound. Personally I think mp3s will die because people will begin to care more about digital audio as they buy better computer speakers.

      Once lossless encoding is adopted like the shn, then I think the music industry will have serious problems. However, lossless encoded shns is currently not decodable on the fly like mp3s are.

      Ben

      for information on shns, visit www.softsound.com

    6. Re:The Fundamental Difference. by Zagadka · · Score: 1

      Intellectual rights are created to insure credit. Why does this have to be in a monetary form?

      Uh, because "kudos" doesn't pay the rent?

      It seems to me any smart capatalist would fleece consumerism by freeing and then supporting a products path into the hands of the market.

      So artists should give away their work for free, and then make money by somehow "supporting" that free product? In what way does one "support" music? And what makes you think that enough "support" payments will actually be made to actually allow the artist to make up the costs of producing the initial product.

      The problem here is that the open-source community and the corporations are taking to opposite extremes in this issue, when what we really need is some sort of middle ground. Developing music, or movies, or computer software has a lot of up-front costs. Hence, the corporations feel that they need to restrict copying in order to make back their investment, plus make some profit. Making "one more copy" of data is free though, so open-source extremists say that copying should be completely free.

      Both of these sides are right to an extent, and also wrong to an extent. The producers of the data do deserve to make back their investment if people are really making use of that data. It's pretty obvious that the media companies are gouging consumers though. The prices are way higher than they should be, and the actual artists get a disproportionately small "piece of the pie".

      The open source extremists are right in that making another copy is free, so it shouldn't cost that much to get another copy. The problem is, how do the artists get paid for all of the work they did? Open source extremists would probably say it could work like open source software. There aren't any good business models for OSS either though.

      Imagine if music used the open source model, as exemplified by Red Hat, et al. Musicians would write music, and not get paid for it. They'd have to work as waiters or cashiers for a living, or maybe to some live performances if they're lucky. The music labels would sell "distros" that would have music from various artists. They would have some sound engineers on staff to do some tweaks to the sound on their distros to make them sound a bit better. You could either download the music for free, or buy the music in the store (but you're really buying a box and "technical support"). In the latter case, only the label makes any money. The musicians rarely, if ever, make a cent off of the work they did. Yup, that sure sounds like a great business model...

      Before you go and say "the artists could make money in some other way", think about what that other way would be. Does it apply to all artists? (Musicians that create symphonic electronica, like Galbatron, can't exactly do "live performances", for example...)

      While I do think open source software is great (yes, I've contributed code to a few projects), I'm getting a bit sick of seeing people say "the existing business models suck" and suggesting that evrything should be open source without actually proposing any business models that would be practical in the real world.

      And before someone points me over to the business models on ESR's opensource.org web page, most of them are red herrings... (think about how many of them are 100% open source, and actually ensure that the developers get paid for their work)

    7. Re:The Fundamental Difference. by GenCuster · · Score: 1

      First, You mistaken in your idea that books differs MP3s because you don't have to pay for the media with books, while you don't with MP3s. As you yourself state, "all you need is diskspace", you pay for that don't you? Paper costs next to nothing as does disk space, but that does not mean they are without cost.

      That being said, you make another statement that is more disturbing because it is not a simple mental skip. You state "For it [the current copyright system] does work very well to protect intellectual rights" Do you really think this? It works well right now?

      The Grateful Dead made cash, they allowed free bootlegging and for fans to trade these audio files and with only one top ten single they were fine. The majority of copyright law is based on Lockeian property law. That just doesn't apply in the digital age.

      If you want to extend the overall goals of current patent law that is one thing, but the implementation is a very different sector.

      Nate Custer

      --
      "The poet presents his thoughts festively, on the carriage of rhythm; usually because they could not walk" Nietzsche
    8. Re:The Fundamental Difference. by Chris+Johnson · · Score: 3
      "Imagine if music used the open source model, as exemplified by Red Hat, et al. Musicians would write music, and not get paid for it. They'd have to work as waiters or cashiers for a living, or maybe to some live performances if they're lucky. The music labels would sell "distros" that would have music from various artists. They would have some sound engineers on staff to do some tweaks to the sound on their distros to make them sound a bit better. You could either download the music for free, or buy the music in the store (but you're really buying a box and "technical support"). In the latter case, only the label makes any money. The musicians rarely, if ever, make a cent off of the work they did. Yup, that sure sounds like a great business model..."

      ROFL! Talk to some musicians. Your fears of the future for an 'opensource' musician actually describe the lot of a musician in the existing industry. It's no way to make a living, and switching to some other model would be no hardship for most musicians, who already deal with fulltime dayjobs and actually spend money at their art rather than earn money with it- and I'm talking about signed musicians.

      I think it would be very interesting to see ideas thrown around for opensource music business models. The ones that work would (interestingly) share huge amounts in common with the existing strategies for maybe (if you're lucky + willing to work hard) gaining instead of losing off the current industry. In other words, putting together a business plan, financing the gear you need to do your job (and _only_ the gear you need- good advice is that if you're not a sound engineer, don't build a studio, rent time at one and prepare well), putting a lot out there for exposure (which invariably seems like throwing it away, whether it's mailing off 50 expensive promo kits or allowing people to download your MP3s), and then having some means (gigs, merchandising, a little indie label) to get income from people who want to clap _and_ throw money.

      It sounds like a better deal than the industry, because it is a better deal than the industry. The only caveat is that it's even more obvious that you have to have a business plan to make money- that or I hope you have a good manager :) however, this is not in fact _different_ from the status quo in the industry, it's just more in-your-face: nobody would dream of putting across a fiction that you could sit at home giving away MP3s and people would pay you for it, where by contrast some people like putting across the fiction that with the industry there's some chance of sitting at home recording songs and the industry will pay you for it. And that's nonsense, you need the business team and a plan.

    9. Re:The Fundamental Difference. by Hobbex · · Score: 3

      You are completely and entirely wrong and you haven't even thought through what you are saying. Sometimes I wish that Slashdot moderators would actually read the posts rather than marking anything that is long and well worded up.

      This not a matter of equally wrong sides bickering. There is an ethical choice here: Can a person or organisation ever have the right to with threat of violence control the spread of information?

      If you answered yes, you can say goodbye to Freedom in the information age.

      The MPAA president had it right when he said in his LA Times collumn that "you cannot own something that you cannot controle." And that pretty much sums their side. They want to maintain controle, and hence ownership, of information at any cost to the consumer. We are infringing on their economic interests to protect our freedom, they are infringing on our freedom to protect their economic interests. If you think that both sides are equally justified, you need to _seriously_ re-evaluate your personal ethics.

      The idea IS to reject our current copyright system, because it works only to the benefit of the creators of thought and art to a small degree of what it works to benefite large multinational coroporations that couldn't care less about rights or innovation or art. The idea IS to reject our current copyright system because it based on the idea that infromation is not free, and an information society can NEVER be free if information is not.

      -
      We cannot reason ourselves out of our basic irrationality. All we can do is learn the art of being irrational in a reasonable way.

    10. Re:The Fundamental Difference. by Weezul · · Score: 2

      I think it would be very interesting to see ideas thrown around for opensource music business models.

      "Open source music" will be much more profitable for the average artists then open source programming has been for average the open source programmer. The reason is that music is closer to a true service then programming.

      There are a million was to make money by giving away free mp3s: include advertisments and links back to your webpage, sell CDs, sell shirts, sell fan access to weakly tracks which may not be released (people will pay for access to the weakly directory and they wont pirate the stuff, buecause a newmix or version of a song every weeek is just too much to pirate). Just look at the success of web based comics like Sluggy Frelance. The bands will do fine if they promote themselves becuase they they will be the ones taking the risk and making the profit. I'm not talking about mp3.com, emusic, or a label in internet clothing.. I'm talking about doing it yourself.

      There will even be companies which charge bands to upload their music to all the pirate sites as promoton.

      Jeff

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    11. Re:The Fundamental Difference. by DeadSea · · Score: 2
      I think we should just make it illegal to sell hard disks over 1GB. Think about it, about the only reason that you would want a large hard drive, is to store media. If people had no place to put their music, they wouldn't download it. The only way to get digital music, would be to stream it and the RIAA could easily control that.

      Plus, microsoft would undoubtably latch on to this brilliant scheme. I think that we would all appretiate the reduction in bloatware that this would cause.

    12. Re:The Fundamental Difference. by chriscrick · · Score: 1
      >First, You mistaken in your idea that books differs MP3s because you don't have to pay for the media with books, while you don't with MP3s. As you yourself state, "all you need is diskspace", you pay for that don't you? Paper costs next to nothing as does disk space, but that does not mean they are without cost.

      Well, yes, but...

      A sheet of 8.5x11 paper holds about 3000 text characters, when printed efficiently. On the copy machine in my office, we reckon the costs of paper+toner+electricity+maintenance at about 0.25 cents per page. 0.0025 dollars divided by 0.0030 megabytes equals 83 cents per megabyte -- much more than the 0.65 cents per megabyte that 20 gig hard drives cost nowadays. Figure in the labor and time taken to produce those copies, and I bet the paper cost is several orders of magnitude higher.

      Chris

    13. Re:The Fundamental Difference. by Sloppy · · Score: 2

      No, you're both wrong. ;-) I hope that the general public doesn't get the impression that the hacker community is somehow unified and homogenious, because I don't wanna get lumped in with either one of you.

      Some of us don't have any serious problem at all with most of the pre-DMCA copyright system. It's just the provisions to "protect protection" and inhibit fair use that are causing problems. I do not reject the idea of copyright.

      As far as I'm concerned, the perfect business model is very simple: sell multimedia in an open unprotected format (e.g. MPEG, redbook CDs, etc). Place no restrictions on how the end user stores, transforms, or plays back the data.

      Will some people steal the information or treat it as "free" and spread it around? Yeah. But the industry should combat it with means other than copy protection, and never should have been allowed to pass any legislation that forces people to accept copy protection.

      They can educate. Show poor bands who can't even afford to buy fuel for the tour bus to get to the next town, unless they sell enough CDs/T-shirts/etc at the show. (This really happens.) Show people that when they steal from musicians, they are hurting those musicians, who happen to be real people who make the art that we enjoy.

      Prosecute pirates. After "making an example" of a few people who are passing around entire albums over the net, then maybe pirates will start to live in fear that one of the people they are sharing with is a narc. I have no sympathy for these assholes.

      This campaign should be combined with wisdom -- they need to recognize the difference between pirating entire albums at 256kbps and grassroots promotion (passing around one or two 64kbps MP3s from each album). One decreases sales, the other increases sales.

      ... it works only to the benefit of the creators of thought and art to a small degree of what it works to benefite large multinational coroporations that couldn't care less about rights or innovation or art.

      Using open and unprotected formats would help to change that situation. Stuff like CSS and SDMI dramatically increases the entry costs for publishing, so that only large corporations can afford to publish in those formats. If the standards shift to stuff like unencrypted MPEG which can be burned on inexpensive consumer equipment, or downloaded by customers via the internet without any weirdo special servers, then the creators of thought and art will no longer need those multinational corporations. Guess who the copyright system will protect then: the very people it was intended to protect.

      To get there from here, all we have to do, is get rid of these stupid laws that enforce copy protection, and do whatever we can, to help them fight pirates at the same time. This will help creators and hurry the corporations on their road to obsolescence.


      ---
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    14. Re:The Fundamental Difference. by Anonymous Coward · · Score: 0

      One of these days, a mega-popular recording artist is going to break via the net, without all the major-label propaganda/marketing that gets thrown behind acts like Beck. This lucky guy (or girl) may not make any money off of the million-plus mp3 copies that are downloaded from his website, but as soon as it reaches critical mass, you can bet that the rest of the entertainment business is going to jump on the bandwagon. The real money will be made on magazine/tv interviews, live appearances, product endorsements, etc...which brings me to another point: in the information age, why does recorded music matter at all as an economic medium? With the sheer volume of music available through radio, cable, tv, muzak systems, etc, what vaule does it have? It becomes worthless/meaningless to listen to recorded music! REAL music is that which is performed live, by real artists, in front of a real audience! This is something that has real value, as opposed to recorded music, which is really just a means of mechanically vibrating the air in a very specific manner. Why pay a premium for ersatz product?

    15. Re:The Fundamental Difference. by sjames · · Score: 2

      Whereas with videocassettes and cassette tapes and photocopies, you had to pay for some sort of medium on which to copy the target work, with MP3s and DVD rips, you don't need anything but disk space, which people already have.

      And if they fill it with MP3s and MPEG video, they'll have to buy more. The additional hard drives will cost as much/MB as blank DVD and 3 times as much as blank CD-Rs.

      So, you can either pay plenty of money or you can save some by getting both a) and extra machine (DVD or CDROM burner) and b)another DVD/CD-R disc.

      Yes, there are people pirating video and music. There have been pirates since the very day that IP was first recognized. MOST of the people on /. don't seem to be advocating that (nor do I). The problem is that RIAA and MPAA are trying to kill basic technologies because one of their many uses is piracy. The great irony for MPAA is that they are trying to kill DeCSS in order to keep their profits from DVD which is the digital version of the VCR which is what they tried to kill!

      The other problem is that they are knowingly trampling on fair use rights in their quest to prevent even a single copy from being bootlegged.

      The idea is not to reject our current copyright system, for it does work very well to protect intellectual rights. The idea is to figure out a way to respect those rights and give the people their data. I would much rather listen to my music knowing that I had respected the author's right to distribute it than listen to brats and bigwigs bicker back and forth about what each other's rights are.

      The best way to stop criminal activity is to arrest the criminal! Preventing fair use is not an acceptable answer.

    16. Re:The Fundamental Difference. by ericfitz · · Score: 1

      Player keys will never be accepted by the marketplace. We need "people keys", e.g. media encrypted to an individual's personal key, so that (1) a particular individual can play media they've purchased on any machine at any time, and (2) the individual has a vested interest [potential revocation of their key] not to allow media they have purchased to be downloaded.

      Technology like smart cards is just about to make this possible for the first time.

      This has the added effect of freeing player manufacturers from purchasing keys from industry associations and being responsible for protecting those keys.

      Eric

    17. Re:The Fundamental Difference. by Hobbex · · Score: 2


      DeCSS is not the only program to come under attack by the forces of copyright protection lately. What about, for example, Napster.

      Even if we rid ourselves of the DMCA copyprotection laws, you have not delt with programs like Napster or other system that are even more obviously meant to be used for what is, in corporate doublespeak, known as "piracy".

      You can make examples of all the "pirates" you want, and start executing them on the spot when caught, but as long as bandwidth keeps increasing and programs like Napster are easily available, you will not be able to keep "piracy" under control. So, copyprotection or not, you have to attack people writing such programs to protect the economic interests of the copyright, and that is exactly equivalent to attacking someone for writing a DeCSS program.

      If you want to preserve copyrights you have to attack freedom. I can't make your choices for you.

      -
      We cannot reason ourselves out of our basic irrationality. All we can do is learn the art of being irrational in a reasonable way.

  18. Unlimited movies by Anonymous Coward · · Score: 0

    How could a company take movies on VHS, convert to digital format, and deliver to you via the net for rental? Instead we have to ship snail-mail rental VHS tapes back and forth. Why cant Qwest deliver on its promise and have "every movie ever made, ever".

    1. Re:Unlimited movies by Anonymous Coward · · Score: 0

      Well, theoretically it should be possible. Isn't Disappearing, Inc. already proposing this with email? I think I read that their system includes a "time bomb" of sorts where after a certain amount of time the specified email will encrypt itself, and you don't have a key, therefore rendering it useless. I don't see why this system couldn't be applied to mpeg'ed movies or possibly a DVD-like format. For example, say you were to order a movie from "Movies 'r' us"'s web site; pay with a credit card or online cash; get a temporary key; download the movie; unlock the movie using the key in an interface; watch the movie as many times as you can in the specified rental time; after the time elapses, the movie encrypts itself beyond retrieval and the key you have won't work anymore.

    2. Re:Unlimited movies by Anonymous Coward · · Score: 0

      Note: the above example obviously assumes downloading the movie, and then I guess deleting it later (naturally assumes a large enough hard drive). For streaming movies, a payment system encapsulating RealVideo might work.

  19. New business model? As long as it's not exclusive. by swordgeek · · Score: 2

    What Jim Griffin proposes isn't a bad solution to the whole ugly mess that we're heading towards now. However, as some people point out, it'll only work if it contains EVERYTHING.

    On the other hand, if a flat-fee, web-accessible, moderately comprehensive jukebox system were put into place, then maybe those of us that wanted to hear, for instance, National Health, would be willing to order (and pay for) the album. This might be supplied through the jukebox clearinghouse[1], or through more traditional channels.

    [1] This unfortunately suggests the possiblilty of corruption, due to the absolute power over recorded music. Probably won't work that way.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
  20. It worked before and can again. by Allnighterking · · Score: 2

    In the early 1960's (god I'm giving away my age) when I was but a kid, I remember the bru-ha-ha over a new medium of marketing music called the Cassette. (either 8-track or the currently seen 4 track) This was predicted by the Music companies as being the end of thier ability to be profitable because it made pirated copies too easy to make. However the opposite turned out to be the case. Although it was easy to make a copy, the expense, time, and lower quality of a home made copy vs. a store bought one proved to be in favor of the music companies by a longshot. In addition, it turned out that this new medium actually INcreased their profits because it allowed for lower cost reproduction, more market penatration, (portible players, car audio systems etc.) In other words instead of fighting the tech the record companies embraced and even advanced the tech. ie. Dolby noise reduction, surround sound, quadrophonic sound etc. The record companies need to take a lesson from thier own history and embrace and expand. A profesionally engineered MP3 has got to be better than a dorm room rip any day. Sides why should a consumer spend an hour downloading an MP3 with a 28.8 when they could take thier Rio to the store and BANG have a copy of the latest from whoever they chose. Leading the tech means that Record companies stand to make more than fighting it. Simple math, Simple history lesson.

    --

    I'm sorry, I'm to tired to be witty at the moment so this message will have to do.

  21. We Fear Change! by Alpha+State · · Score: 1

    The answers are already here - website advertising, free music samples, pay per month encyclopaedias, small fees for music downloads, convenient internet ordering.

    The problem is that some industries don't want to enter the 21st century. After all, their gravy train might end! They might not be able to herd the sheep of humanity anymore! For god's sake people may start to think for themselves!!!!

    It's up to new companies (or those that are willing to change) to use business models that don't screw over consumers and still make them money. And it's up to us to support them if we think they're worth it. The informed consumer can still win in the end.

    1. Re:We Fear Change! by Anonymous Coward · · Score: 0

      Good point, my anonymous friend.

  22. Library analogy poor by crush · · Score: 2
    The difference between the library and digitally encoded music smashes the parallel that the article tries to draw between them:

    Libraries effectively created a mass-market of literate potential book-purchasers. The reason that they would purchase books when they had enough money to do so was that although it is great to be able to trundle down to the library and borrow things that you don't really know if you like, or can't afford, ultimately if it's a great book and you've got the cash it is much handier to be able to buy it than keep on borrowing it, having it recalled by other users, having to pay fines.

    Now, when books and music and films are potentially storable at home on the comfort of one's own PC the incentive is to trundle out to the library, copy the ones you want and keep them and never buy the dead-tree version.

    It may be that there would be enough revenue stream from advertising giving away free information, but the are the companies that are doing the advertising (of physical products presumably) the same ones that are potentially going to lose the revenue gained through selling information?

    If they are (and if the links between companies are all that they are claimed to be they probably are) then that is a possible model.

    However I bet there are plenty of companies that just produce information and are going to hang on tooth and claw to their sole revenue stream come what may.

  23. Isn't this what we like to call radio??? by SuperDuG · · Score: 1
    Let's see radios. Well the music industry basically controls all of them too. Do you really think a free-based system of advertised music will ever beat the ability to play when you want music? I didn't think so either. Besides who has that kind of wireless broadband just sitting around. This is a wonderful idea from a not to technical viewpoint.

    It's kind of like "Hey we'll never have to do chores ... we'll have computers and robots do them for us." Tell ya what I STILL have to shovel my driveway.

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
    1. Re:Isn't this what we like to call radio??? by Anonymous Coward · · Score: 0

      Redundant

  24. Video isn't too hard, Audio is a little tougher by Ricdude · · Score: 1

    With video, there are several methods which may defray the production costs of a program, such that the copying of a program does not impact the production company.

    We don't pay for television program viewing per show. Advertisers pay to interrupt the show every 7-10 minutes to let us know about their great products. By using product placement in movies, e.g. a close up of a bag of Brand X Potato Chips, advertising costs can be used to defray the production costs associated with video. Another great way to save no production costs in the first place is to stop paying movie stars $20 million per movie. Some movies (e.g. Star Wars, and anything made by Disney in the last 10 years) are effectively no more than 100 minute long advertisements for the merchandise associated with the movie. Action Figures, Video Games, T-Shirts, etc. are all "difficult to copy" goods that can be sold to make back production costs. I suspect Lucasfilm could sell DVDs for TPM at cost + $0.01 and still make back much more than the movie cost to produce via merchandise sales.

    Audio, however, presents a slightly more difficult problem. Product placement doesn't fit in very well, although artists could acquire corporate sponsorships to make a living. Bands don't generally make money through touring, as the tours have traditionally been the advertisements for the records/CDs/tapes.

    The fundamental tradeoff that the RIAA is looking at, is that it's easier to surf the mp3 search engines for popular songs, and download them, than it is to purchase the music legitimately. DVDs don't present as much of a problem in this area, as it would take weeks to download a movie via modem. Combine that with expensive DVD blank media, and it just isn't cost effective to duplicate DVDs electronically. Audio data, however, is relatively low bandwidth, and is easy to share, as teenagers/college students have always done. Blank tapes have a surcharge built into the price to defray the cost of piracy to the record labels (and by proxy, to their bands), but a totally electronic distribution scheme would be impossible to track and tax accordingly.

    Another thing to consider is that a fair amount of music in mp3 format can be obtained legally from web sites that cater to the DIY (do-it-yourself) recording industry. What's the difference between downloading the newest songs from that garage band in Timbuktu and buying the latest Limp Bizkit CD? The price is the popularity of the band, sharing a common musical experience with others across the globe. Back in the days of vinyl, artists could offer more than just music. Different colors of vinyl pressings, elaborate artwork (e.g. Roger Dean or H.R.Giger), and creative jacket design (e.g. Velvet Underground, Rolling Stones) could be used to make the legitimate purchase "worth it".

    What incentives do they offer us now?

    --
    How's my programming? Call 1-800-DEV-NULL
    1. Re:Video isn't too hard, Audio is a little tougher by crush · · Score: 2

      We don't pay for television program viewing per show. Advertisers pay to interrupt the show every 7-10 minutes to let us know about their great products.

      That's not true in the UK. Everyone pays a license fee to the British Broadcasting Corporation for possesion of a T.V. reception apparatus. And I've got to say that T.V. in the U.K. is way than in the U.S. I actually bothered to watch it when I was there because it would hold my attention span. I fucking hate being interrupted with advertising all the time and I considered the #40 or so pounds pretty reasonable for commercial free TV which also produced original drama.

      By using product placement in movies, e.g. a close up of a bag of Brand X Potato Chips, advertising costs can be used to defray the production costs associated with video.

      There's already a lot of that in the movies and funnily enough the movies with the most of it are the ones that suck - they're commercial, whoring to the ad-execs and the big companies.

      Audio, however, presents a slightly more difficult problem. Product placement doesn't fit in very well,

      I can just hear the Dead Kennedys or RATM popping in soundbites for Ford Explorers.

      I totally agree with your last 2 paragraphs - they've got to offer attractive packaging. Although I have the opportunity to burn my own audio CD's I like to buy them if they have good sleeve notes or artwork, I also collect vinyl for exactly the same reason. Companies have to learn to sell good physical products, not information.

    2. Re:Video isn't too hard, Audio is a little tougher by Ricdude · · Score: 1
      I can just hear the Dead Kennedys or RATM popping in soundbites for Ford Explorers


      RATM, definitely, but I think Jello Biafra has more class than that. =)


      However, I could see DK flashing closeups of their Doc Martens for a small fee...

      --
      How's my programming? Call 1-800-DEV-NULL
    3. Re:Video isn't too hard, Audio is a little tougher by TomV · · Score: 1
      Everyone pays a license fee to the British Broadcasting Corporation for possesion of a T.V. reception apparatus [...] I considered the #40 or so pounds pretty reasonable for commercial free TV

      that must have been a while ago. But it's still good value at over 100 quid today.

      I can just hear the Dead Kennedys or RATM popping in soundbites for Ford Explorers

      Sigue Sigue Sputnik did precisely this on their first LP, "Flaunt It" (1986). Hasn't really caught on tho.

      TomV

  25. irony, irony by e_lehman · · Score: 1

    Historically, many societies regarded middlemen as contemptible: they didn't produce anything, they just got rich shuffling goods around. But however little they were liked, the economic forces of the time dictated their existence.

    A modern, digital parallel of the middleman is an outfit like RIAA: they don't make music, they get rich packaging and selling other people's work. We have become so used to such middlemen that we forget that they don't have to exist at all. In fact, we've now come full circle. The internet kills the economic reason for the existence of these dealers in digital media. So-- what a great irony!-- we get laws like DMCA intended to perpetuate these once-reviled institutions, despite the economic forces of our time.

    My personal bet for the New Business Model in the music industry is that the corporate part will disintegrate, digital music will be free (or so cheap that pirating isn't worth the trouble), and musicians will make their money from live performances.

    1. Re:irony, irony by Ricdude · · Score: 1

      > musicians will make their money from live performances.

      Obviously spoken by someone who has never tried to make money by playing live music.

      Sure, wedding bands and "jukebox" bands can make enough to live on, if it supplements a menial day job, or they live in the band's van. But if you play your own music, it's difficult to get enough people together in one club to make any "real" money doing it.

      In a former life, I was performing artist in the Baltimore/D.C. area. I can't remember a single area band whose members didn't hold down day jobs. Most chose occupations that would help the band in some way. If one of your bandmates works at Kinko's, flyer costs tend to drop to the negligible range. Someone does a little writing or advertising sales for a local music magazine, and you can get a small block of advertising in exchange.

      In a way, the 'net changes a lot of this, as you are no longer forced to convince dozens/hundreds of people in a small geographic area to put up with a dingy, smoky, beer stained environment to make a buck with your music. Now you just have to convince people that the few demo songs they can download off your website are good enough to justify purchasing a full length release...

      --
      How's my programming? Call 1-800-DEV-NULL
  26. video stores and online archive subscriptions by swirlyhead · · Score: 1

    I have seen versions of this idea posted here on slashdot and in other forums; but it makes sense to reiterate it and hopefully bring it into focus. The current furor over copyrights will eventually settle into a metastable arrangement where the rights of creators and consumers are balanced de facto if not de jure. It seems likely that what it will settle down towards is a mixture of subscription funded digital archives (sort of like what MP3.com is attempting to build) but based on the backcatalogues of the major recording labels; and trade/sharing networks like napster and various IRC channels.
    Now it might seem odd to predict that the majors will have a (very) profitable business going when anybody can effectively make perfect copies of their product and pass it out to a few hundred thousand of their friends. But they will, keeping a large archive organized and accessible is a chore one that most people would gladly pay ~$5 a month for, especially if it allowed them immediate access to just about any piece of music ever recorded.
    The thing is that it would be a worthwhile service even to people who could load up a sharing server (like napster) and find what they were looking for IF it was available right then and IF it didn't take too long to find it.
    However, and I'm making one of those bold predictions that could be quite wrong. It's the file-sharing networks that will determine who the stars are. I'm betting the majors with a clue are already working on ways to maximise penetration of message to the various sharing groups.

  27. nice try but no by Anonymous Coward · · Score: 0

    I'd choose mp3s and vcds over some jukebox idea with advertisements.

  28. This guy gets it... by Millennium · · Score: 2

    ...but there's a problem with his approach. Namely, implementation. What's the best way to do it? The basics are already in place, perhaps, but work still needs to be done.

    This would, in the end, be very similar to radio. Incidentally, adio is probably the single biggest contributor to CD saled out there, actually; I can think of one, maybe two CD's I've ever gotten for reasons other than the fact that I'd heard a song on the radio that I'd liked.

    I pity RIAA more than anything else, to be honest. They're getting left behind in the course of technological evolution, and they're being held back by nothing but first paranoia (people will steal our music), then greed (let's stop that by making it pay-per-listen), then stupidity (yeah, the public will stand for that... sure). If RIAA had harnessed the power of MP3 and streaming when these technologies had first come out, they would have owned the scene by now. But they refused, and now they're paying the price. I'm not too certain they'll be able to recover from it, in fact.

    But this guy gets it. He's on to something, even if he's forgotten some of the details. He'll never convince the RIAA that it'll work, but he has the right idea regardless.

    1. Re:This guy gets it... by zeck · · Score: 1

      If RIAA had harnessed the power of MP3 and streaming when these technologies had first come out, they would have owned the scene by now.

      Yeah, but what scene? If they were giving away free music over the internet, they probably would own the scene, but how would that benefit them? They would be giving away intellectual property and getting nothing in return but maybe some advertising revenue. Not a bad deal if it isn't your intellectual property to begin with, (like MP3.com or Napster) but not such a good idea for the RIAA.

      The RIAA's paranoia over their music being stolent is real. When faced with a choice between paying and just taking, a lot of people will just take. And as time goes on, it's looking less and less like there is anything the RIAA can do to stop people from just taking. The question now is, how can creators make a living from their intellectual property in a world where their work can be accessed by anyone, anytime, without paying them?

    2. Re:This guy gets it... by Millennium · · Score: 2

      If they were giving away free music over the internet, they probably would own the scene, but how would that benefit them? They would be giving away intellectual property and getting nothing in return but maybe some advertising revenue.

      Wow. Did you even read the rest of my post?

      First, you're underestimating the power of ad revenue; keep in mind that entire commercial radio stations are run on nothing but that. Even television stations run on little else. However, that's not the main point.

      Look again at what I said. Radio increases sales of music; it doesn't hinder it. Think about it: why do you normally buy CD's? Sure, some people follow certain artists, but even they buy other music as well. In most cases, it's because they hear a song they like over the radio, and want to buy the whole album for more. Not all returns are direct, you see. Look at concert tours. Those things are hideously expensive to finance. They aren't even really all that profitable. But they fuel record sales like you wouldn't believe, not to mention the merchandising deals, so in the end you get a net profit overall.

      The RIAA's paranoia over their music being stolent is real. When faced with a choice between paying and just taking, a lot of people will just take.

      Unfortunately, the reality of the situation proves you to be dead wrong. Given a choice, most people still buy the music, rather than just keep the MP3's. I've bought CD's after downloading tracks from them before myself.

      And as time goes on, it's looking less and less like there is anything the RIAA can do to stop people from just taking.

      Here, you have a point. However, RIAA hasn't been able to do anything about the situation for years.

      The question now is, how can creators make a living from their intellectual property in a world where their work can be accessed by anyone, anytime, without paying them?

      Creators, for the most part, already don't. You'd be surprised at how little artists actually see of the revenue generated by their albums; it's a tiny fraction (which I don't think is right, buw we're dealing with the way things are here, not the way they should be). The money is in distribution. For every dollar that an artist makes, distributors make ten, often more. Simply because the medium changes doesn't mean that everything goes down the tubes. You have to change to adapt to the current situation, or you'll be passed by. That's how the universe has worked for untold billions of years and I'll be damned if a few ethically-questionable record execs who mostly can't even carry a tune themselves are going to change that.

    3. Re:This guy gets it... by zeck · · Score: 1

      In response to my saying that people will tend not to buy what they already have for free:

      Unfortunately, the reality of the situation proves you to be dead wrong. Given a choice, most people still buy the music, rather than just keep the MP3's. I've bought CD's after downloading tracks from them before myself.

      I think it would be fortunate if reality proved me wrong. When the difference is $10-$20 for a commercial CD vs. $.50 for a CD-R, or free if you just store the MP3s on your hard disk, there are a lot of people who will choose to just keep what they can get for free. Unless you're suggesting that they only give out some of the songs for free to get people to buy the rest, which really doesn't change the situation we're in now. People will still pirate MP3s with FTP and Napster and Hotline, and the RIAA will still be just as pissed off about it.

      The model of a radio or television station probably wouldn't work. If it works just like a traditional radio station, what will be the advantage for the listener? It will be the same old business model. The only truly innovative concept would be to make the entire catalog of music available to any listener at any time. On-demand music. But that runs into the problem of getting the advertising in, and also keeping people from just downloading the music once, then redistributing it without the advertising. Same old problem.

      You'd be surprised at how little artists actually see of the revenue generated by their albums;

      I have a close relative who is a professional musician. His income is directly affected every time someone pirates one of his songs. It's true that a lot of the money is eaten by the evil greedy record companies before it gets to him, but that isn't going to change. The ones who will suffer the most will be the artists, and hence the public, because if you can't make a living as a musician, you can't devote your full time to producing quality work.

  29. Restrictions hurt most artists by whig · · Score: 2

    Restrictions on copying, distribution and performance, if fully enforced, would effectively prevent all but the "Top 40" music, and blockbuster movies from being exposed to most people. Since it is these which generate the majority of profits for the recording and production companies anyhow, there should be a much more liberal policy regarding other works.

    Consider, I have a few friends over, and I play an album from a little known artist, which they really enjoy. Then they go out and buy CDs, or attend concerts, etc., because they've been exposed to it. But this was an unauthorized performance. Had I not done so, they'd have never heard it at all, and would likely never have supported the artist at all.

    More out on the edge, services like Napster, which undoubtedly contribute to copyright infringement on a large scale, help artists with smaller audiences gain greater exposure. Somebody might have heard good things about Beth Orton, but never actually heard any music by her -- downloading an MP3, one could actually listen to it and decide to go out and buy her album.

    Indeed, Napster is a perfect example of what the industry should be SUPPORTING. With or without advertising revenue, this is a model which on the whole adds to their bottom line. And indie labels should be in the forefront of this.

    --
    Peace and love, y'all
    1. Re:Restrictions hurt most artists by Anonymous Coward · · Score: 0

      How about small countries in Europe? Here you wouldn't even be able to buy the actual CD from the shop. At least you could now download an mp3 to see what the singer sounded like!

  30. Format matters not by 311Stylee · · Score: 1

    The marketing people can attempt to circumvent pirating, but they will never succeed. The audio/video or whatever still has to be accessible to the hardware. I can record whatever I want simply because I have a sound card and a video card. I have the analoge signal!! It's really easy!

    I can only hope for the day when everything is self-produced. Let big music/movies die a gruesome death.

  31. Goals for a new business model.. by Ogerman · · Score: 1

    In devising a new business model for IP distribution, I think its important to keep in mind that our ultimate goal make everyone better off--not just the consumer. Artists and producers should make more money off their content. Consumers should have greater availability of content and lower prices. However, if that goal means the elimination of certain "middle-men" in the current system, then so be it. Keep in mind that in an ideal system which maximizes economic profit for both, the producers of IP sell directly to the consumers. Whether this can be accomplished in reality will be up to the market and the marketing skills of those who produce IP.

    NOTE: see my earlier post here which goes into greater detail:
    http://slashdot.org/comments.pl?sid=00/01/21/23423 5&cid=141

  32. Service, not Product by zanzar · · Score: 1
    This article is right-on.

    In the information age, digital forms of art, especially music and video, need to be sold as a service, not as a product. One cannot blame large traditional companies for not quickly realizing this, but one can definitely blame them for their efforts to hamper such progress.

    Once the primary method of distribution is the internet, the cost of distribution should drop sharply. If the drop in cost of distribution is passed on to the user, the piracy problem is solved. Who will spend the time making and trading MP3s when higher quality versions are available faster for pennies, or better yet, for a flat fee of ~$20 a month?

    My real worry is the following: The record and movie industries realize that the internet is the distribution medium of the future. The recent attacks on MP3s and DeCSS are not to prevent eventual internet distribution, but in fact to give the record and movie industries time to cement their control of this distribution medium. With standards like DVD and CSS in place with the backing of laws like the DMCA, one organization can have control of distribution of music or video for an entire medium. Imagine a future where CSS-like standards are in place for internet-distributed movies and audio. Laws like the DMCA make it a felony to remove such encryption, or even to write programs capable of removing such "protection". The companies in question then sell these protected files dirt-cheap, or as a cheap service, and completely replace MP3's. Only problem is, they still have complete control, and no competition. Record companies can still screw the artists and the customers. The movie industry can do the same. This is why MP3.com is being sued. This is why DeCSS is under attack. The corporations in question are not as dumb as we'd like to believe.

    -Larry Lansing
    www.fuzzynerd.com
    +++

    --
    ...These aren't the droids you're looking for....Move along....
  33. You're all missing the point. by The_H0und · · Score: 1

    The DVD thing is not about piracy. Why does anyone think that it is?

    Sure, people will pirate DVD's with DeCSS. But, those people can already pirate DVD's without DeCSS. Commercial programs exist to record everything sent to the video card into an AVI or MPG file. The most common use I've seen for them is when a company creates how-to CD's for a product.

    Given that, DeCSS is not any more of a pirating tool than those programs you can buy. So, the only use of DeCSS beyond this already possible pirating, is playback of movies you own.

    Of course, the judge says something to the effect of "you must have a license...without one you have effectively bypassed a copy protection scheme..." which is illegal by our new Digital Mellinium...etc.

    So, what we should be fighting are the new laws!

    --
    Plenty of projects, not enough developers...
    1. Re:You're all missing the point. by Anonymous Coward · · Score: 0

      Copyright RRO's members of IFFRO could in theory give a collective license when the rightsholder hasn't given one directly. So deCSS COULD BE GIVEN A LICENSE in Europe.

    2. Re:You're all missing the point. by Trinition · · Score: 1

      I still submit that the battle is being fought on the wrong premise. I believe, until someone convinces me otherwise, that CSS is not copy protection, it's playback protection. The letter of the law says you cannot circumvent copy protection. What DeCSS was inteded to do was circumvent playback protection. Again, these two need to be separated.

  34. We have seen this all before with software piracy by brockgr · · Score: 1

    I think that trying to compare MP3/DVD distribution to the duplication of books, cars, etc, is the wrong analogy. To me, this all looks much more like the (computer) age old problem of software piracy - something that doesn't seem to be such a raging issue any more.

    As far as I can see, the software industry has really given up. They tell you not to do it (pages of legal jargon in every pack) - they try to catch the big offenders (warez sites etc), but rely encouraging purchase with the value-adds like support and distribution for income (smells like open-source to me).

    Do we think this model can apply to music? Hey, buy the CD, get a nice little booklet, and some useful support (fan club mail, discount tickets?) in the post.

    Litigating the butt of everybody is going nowhere - after all did the companies that made software to duplicate those magical key floppies ever get shut down?

  35. What a novel concept! by SnakeEyes · · Score: 1

    Grand idea, ole chap. Streaming web-jukebox.
    Somebody should get on that pronto.

    What? Mp3.com already has?

    Allright, lets commend those guys!

    What? They're being sued?

    Hmph

    --
    Come on, Tinkler, Tink!!
  36. "giving something away still steals a sale..." by Anonymous Coward · · Score: 0

    Not true. Giving something away might steal a sale... and it might not.

    Most of the people I know who make illegal copies all the time don't have the money to buy what they're copying. They buy what they can, and rip what they can't. No sales are lost. However, what money they do spend is very concentrated among the very best of the overpriced products they want. If prices were lower, or they worked on a busking model, the money would be spread around more; making fewer producers into idle millionaires and letting more of them survive in their work.

    Copyright laws were made in a time when there were no feasible distribution methods except commercial ones. Now it consumes far more resources to prevent people from copying something than to let them copy it. How can you justify expending those resources just to keep things away from people? How about justifying keeping them away from people who <i>can't</i> pay what is asked?

    It's like RMS's story about the sandwich; how can you justify <i>not</i> giving the hungry man a sandwich that costs you nothing?

    Regardless of what laws there are, they are basically no longer enforceable. Sure, they can make examples, but it's become just one more rare risk of living, akin to being hit by lightning.

    You have to look at how people will make money from creative works without copyright or other IP. The answer is simple: a busking model. People give what they think it's worth if they feel like it. Once people get used to the idea, they will pay to keep things they enjoy going.

    For the market of computer data for internet users it has already become a busking model. A large portion of people don't pay except out of a sense of moral obligation, to show their appreciation, or to encourage further production. Price tags have become a way of saying "Want to pay less? Unacceptable, you pay nothing. Want to pay more? No, just pay what's on the price tag."

    I'm not saying that it's right, but it's true. There's no point in making idealistic laws that make 90% of the population criminals, you have to make enforceable laws, and copyright isn't enforceable against people on the internet, which will shortly be everyone.

    There are ways to make money without copyright. We will have to shift toward them in the future, because the protection of copyright is eroding whatever any central agency decides to do.

    1. Re:"giving something away still steals a sale..." by TomV · · Score: 1
      Most of the people I know who make illegal copies all the time don't have the money to buy what they're copying. They buy what they can, and rip what they can't.

      Sounds fantastic. Where can i get one of these free computers to do the ripping. I had to pay about a thousand pounds for mine. Which means that if i were to claim that I can't afford CD's it would be an obvious, specious, self-serving falsehood.

      TomV

    2. Re:"giving something away still steals a sale..." by Anonymous Coward · · Score: 0

      oh yea, and he bought his computer only to rip CD's... right...

      who the hell doesn't need a computer today?

    3. Re:"giving something away still steals a sale..." by TomV · · Score: 1
      who the hell doesn't need a computer today?

      Well I don't, for starters. It's a very nice luxury having one at home. A luxury in which i chose to indulge recently. I'm 32. I got a PC at home for the first time since my ZX81 earlier this year. I use it indulging my coding habit, playing a few games and writing the odd letter.

      But I don't need it in any sense whatsoever. My Mum doesn't have one, my sister doesn't have one. They're still breathing just fine. Most of the population of the planet doesn't have one.

      I need food, air, shelter, freedom, company. I, and you, do not need a computer.

      TomV

    4. Re:"giving something away still steals a sale..." by Anonymous Coward · · Score: 0
      Sounds fantastic. Where can i get one of these free computers to do the ripping. I had to pay about a thousand pounds for mine. Which means that if i were to claim that I can't afford CD's it would be an obvious, specious, self-serving falsehood.

      Think before posting. There's no reason why the computer used for the ripping must belong to the person who benefits from the ripping. If I wanted to burn a CD, I probably wouldn't go out and buy a CDR. I'd just get in touch with a friend of mine who has one.

  37. Re:We have seen this all before with software pira by Anonymous Coward · · Score: 0

    Who needs ethics anyway? I'll take the easy way any time...

  38. Possible method to defeat DVD. by B.D.Mills · · Score: 1

    DVD can be defeated. Here's how it might be done:

    1. Invent and patent your own disc-based distribution medium. It would include a straightforward method of recording to blanks. Ideally, the medium would be similar to removable hard-drives, but more robust, and similar to floppies, but with a huge DVD-size capacity. Perhaps solid-state devices are the way of the future here.
    2. Form your own company to market the invention. At all costs, keep it out of the hands of any company affiliated with The Bad Guys.
    3. Allow any company to manufacture players/drives and blank discs. By opening up the manufacture of players/drives and discs to all comers, you will improve the chance that the market will accept your product. It's why VHS won out over Beta: Beta was Sony-only, and VHS was everyone else.
    4. Charge a token patent royalty on every drive/player that is manufactured. (say, about US$5). You gotta eat, you know.
    5. Charge largish patent royalties (say, about US$5) for every blank disc that is manufactured.
    6. Distribute half or more of the blank-disc royalties to artists. Royalties for prerecorded discs go to the artist appearing on the disc. Royalties from blank discs go to a general pool that's paid to all artists. Movie makers and software makers would be included as "artists" here. They would have less to fear if they got some payment from the sale of blank discs.
    7. Make your company into a recording company for low-volume artists (typically those who would sell less than 1,000 units), so they can get their fair share of royalties from sales.
    8. Try to gain enough market share such that it is a viable competitor to DVD. DVD has enough weaknesses as a format to make another marketable product that overcomes these weaknesses.

    Think I'm dreaming? Right now, the world is crying out for a viable replacement for the old 1.4 Mb floppy disc. The 1.4 Mb floppy disc is long past its peak of usefulness, but a floppy drive is still installed by default on all new computers, because no replacement is yet available that meets all of the criteria of robustness, ubiquitousness and ease of use. Invent and patent such a replacement, and you will make millions.

    I didn't say it would be easy. But to anyone willing to try, I wish you good luck.


    --
    --

    The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke
  39. But.. by Anonymous Coward · · Score: 0

    That doesn't give them the right to sue everyone that comes close to breaking their copyright.

    Besides, copyrights are getting nearly impossible to enforce without putting an iron grip on society, which is what the RIAA and MPAA are trying to do. They're making themeseleves the law pretty much. DeCSS, Napster lawsuits are prime examples. Reverse engineering is legal and should be, Napster doesn't actually hold the mp3s and isn't responsible for the users' actions.

    They make more than enough money at the theaters, and while the MPAA can't crack down on pirates effectively, a theater using a pirated copy would be burned.

    This is dumb. If the MPAA doesn't want people ripping DVDs, then they shouldn't publish DVDs. But they want the market. So what do they do? They go and bully a kid in another country and try to silence him legally. Umm.. doesn't this sound like something that happened centuries ago?

    Of course, they don't seem to care that the encryption doesn't really stop copying(besides, movies are already being traded around the internet at the moment months before they hit DVD) and as mentioned elsewhere, seem more worried that this could disable regional coding.

    Yeah, it sounds alarmist but don't you see the power they have? Anyone they suspect could be yanked into court and sued. What the hell is this? We should be afraid of programming things and doing things that are not liked by the RIAA?

    Programming something like DeCSS is not illegal(at least it shouldn't be), using it to pirate movies is illegal. But the MPAA knows it can't hunt down every pirate. Of course, now it believes the rights of movie producers/companies are better than those of the consumers. We're just mindless drones that give them money.

    The right to free speech and thought is a natural right, and shouldn't be put behind any other right, even the right of these companies to make money off their creation.

    The world will not end if copyrights are abolished, but it will be interesting to see what will happen as they become more and more useless. Hopefully the attitude will not be to struggle to keep this method of IP protection that is not working using legal kludges.

  40. What's wrong with commissioning? by H-Monk · · Score: 1


    Commissioning artists nowadays can work. For an
    example that used the web to attract potential patrons, see the latest
    CD from the singer/songwriter Momus. Personally, I don't like his music, but I am hardly an arbiter of good taste.

    For a real media report on this, try this from npr.org's all things considered archive.
    ----
    --
  41. Plenty of room for cost cuts by LYM · · Score: 1

    Here in Australia, a new-release CD costs about $30; the same album on cassette $10. Presumably both are profitable, and the cost of manufacturing each would have to be pretty close ($1-2 I'd think). I guess $30 is the "profit-maximising" price for CDs; probably the profit profile would have a large peak at around the $10 mark and a slightly larger one at $30 with a dip in between. That profile would fail to take piracy into consideration, however -- if half the people who pirate music would pay for it at $10, the peak there would be much higher than the one at $30.

    I think the music industry believes that people who pirate music would do so at any price, and although this is true for some, I suspect that most people say to themselves, "This disc is worth $30 to me; I'd like that one, but I couldn't justify $30 for it... I guess I'll fire up Napster."

    Most people are not fundamentally stupid enough to wish that the musicians they like should starve. Nor are they fundamentally stupid enough to believe that they are not being taken advantage of with current prices. They simply make the compromise that their finances allow.

    I've got a list as long as my arm of CDs I would like to get; unfortunately it keeps getting longer... for every CD I buy another two seem to end up on the list... there's that 30:10 ratio again.

  42. Re:wireless, by cw0000 · · Score: 1

    Ummm...wrong

    Broadband and compression technology will allow for an infinitely larger number of stations to come into existence, as the cost to an individual or business of setting one up wouldn't exceed the cost of a server and the tracks being played. If you don't like the playlists of the hundreds of thousands of stations that will be accessible to you, you'll be free to create your own. Contrast that with the necessity to have access to a mountain of radio equipment, antennas. and whatever the hell else that is necessary to set up your average FM radio station. If it's easy for me to listen to a fairly specific genre of music at any given time (or even a station that revolves around a specific artist), then casual music fans such as myself won't have a very large incentive to actually to purchase music. The ownly reason why we purchase CDs is because we cannot rely on FM radio to deliver our favorite music in a consistent fashion, if at all. Because FM radio is expensive, only commercially viable music is played -- only it can pay for the equipment, the high utility bills, etc. If one only needs to pay for a web server and a broadband connection, one can afford to play pretty much anything one wants.

  43. A modification of that business model. by JuliusSu · · Score: 2

    This article makes a lot of sense. We need a new business model, not just for music, but for any product that can be copied with high fidelity. Right now this is clearly the case with music and software; later it may extend to movies; and maybe far in the future, to nanotech constructors.

    The current system is workable because people who pay for music and software subsidize people who don't pay for it. It's a stable system, as long as it's more convenient to buy a product than to pirate it. However, it will only get easier, not harder to freely distribute information, as programs like Napster show. As the cost of copying software drops, the price a developer can charge for software will have to drop as well, just so developers can compete against copies of their own product.

    Which brings us to the question: how do we allow developers to charge a reasonable price for their software, while encouraging, not restricting, the free transfer of information?

    Here's the proposal:

    1. Allow music, software, etc. to be freely copied without restriction.
    2. Have companies like Nielsen Media research develop product popularity metrics based on easily quantifiable demographics.
    3. Have people pay a fixed fee every year for "intellectual property use" based on their demographic group.

    Of course, some immediate objections come to mind:

    • I don't want to pay for someone else's software use.

    If you buy software, you already are. This system will be more fair. Besides, there are plenty of situations where we subsidize a larger group based on statistical information, i.e. any sort of insurance, paying a flat fee for internet access, property taxes.

    • The system won't be accurate.

    In the limit of perfect statistics, we could determine a person's software use exactly, and each person would pay for exactly what he used. We can't, and so we clump people together into larger groups, with good enough statistics so that the end result is roughly correct.

    This is better than the current system, where the industry aspries to have each person pay for exactly what he uses by mandating that this be the case, rather than making a determination based on actual measurements.

    1. Re:A modification of that business model. by sethg · · Score: 2
      RMS wrote an essay back in 1992, "The Right Way to Tax DAT", advocating a very similar approach for digital audio tape recording machines.

      (Thanks to record-industry lobbying, DAT machines for consumers can't make a second-generation copy of a prerecorded digital audio tape. And how many consumers these days buy DAT machines? Hmmm....)
      --
      "But, Mulder, the new millennium doesn't begin until January 2001."

      --
      send all spam to theotherwhitemeat@ropine.com
  44. A suggestion by Anonymous Coward · · Score: 0

    What if the band distributed a copy of their entire album at a lower sampling rate? People would no longer be ripped off by one song wonders. It would encourage music to be passed around and expose great bands. People would have a convenient place to get the album. Then if they liked it they could pay whatever to get the high quality copy.

    As for software, eh that's a tougher one. Sadly, we'll probably see a resurgence of code-wheels and other such techniques. Most people do not realize what an excellent copy protection scheme the CD was. Pretty much everyone was happy with that. It allowed copies of the music to be made, but at a lesser quality. Software could also be copied, but in general the cost in hard drive space wasn't worth it. Hopefully we'll see another similar media form that will prevent illegal copying and allow developers to make the money they deserve, but without hassling legitimate users.

  45. About Fscking Time by ewhac · · Score: 3

    It's about time someone else floated this idea; namely, that existing business models cannot work in the digital universe, where everything can be infinitely copied. Just imagine what life would be like in a world with Star Trek-like replicators; how would you be able to sell anything?

    So, there are two issues needing to be addressed:

    1. What intellectual property laws will we need in a universe with infinite copyability,
    2. What economic models do we create to replace the market-based economy, which we use to motivate people to do useful/necessary things?

    In a world with replicators everywhere, trying to restrict copying isn't just impossible, it's childishly naïve. People would laugh at the attempt. However, even though control over copies isn't possible, control over reputation is. In fact, reputation becomes tremendously important. If you see (a copy of) something you like, and would like to have something similar made, you'd like to be able to get in touch with the original designer, reliably. You'd like to be assured that the person you're speaking to is the true holder of the reputation you're seeking, rather than a charlatan. So laws guarding against theft/dilution of reputation will be important and necessary.

    As for the second point -- economic models -- that one's a little tougher for "ephemeral" stuff, like music. Although copies are freely available, the creator's time is still a scarce resource. So the economy will revolve around competing for the artist's time rather than their artifacts. How would people know to approach a particular artist? Through their reputation.

    One possible way this could be done today is to set up a Web site whereby artists/programmers put up their wares for open bidding. Let's say John Carmack decides he wants $50M for Quake-4. So he puts it up for bid: "Quake 4, by id Software. Price: USD$50,000,000". Visitors bid whatever they want for it: $10, $50, $100, etc. The bids are held in escrow for a certain time limit (established by the artist). When the sale price is reached, Carmack gets the $50M, and Quake 4 is released free to the world. (Quake 4 remains listed on the Web site, so people can throw "tips" in the jar.) If the requested sale price isn't reached, the code isn't released, and all bidders get their money back. The artist can resubmit for a different price if they wish.

    This is just one possible idea (one I think is terribly interesting and worth exploring). Others doubtless exist.

    Start exploring, people...

    Schwab

    1. Re:About Fscking Time by sethg · · Score: 2

      This sounds like the Street Performer Protocol that John Kelsey and Bruce Schneier have written about.
      --
      "But, Mulder, the new millennium doesn't begin until January 2001."

      --
      send all spam to theotherwhitemeat@ropine.com
  46. Semantic Trap by Robert+Wilde · · Score: 4

    The best forms of copy protection are new business models that destroy the motive to copy, not its mechanism.

    The argument of the article is solid, but it has fallen into accepting the semantic trap that copyright owners are using to frame the issue.

    What is the difference between:
    1. Copyright Protection
    2. Copy Protection
    3. Access Protection

    The first is what copyright holders have traditionally held. For the last several decades, however, there has been a trend to equate copying with copyright violation. Nothing could be further from the truth - copyright law only exists because of the balance that was struck between the inherent fair use rights of the public and the statutory rights granted to content providers.

    Now, under the DMCA, copyright holders are attempting to change the debate again. According to the DMCA, copyright holders now have the right to dictate the terms under which you can access a copyrighted work.

    The community needs to lobby hard to overturn the DMCA's restrictions on access and fair use. That means writing your Congressman and Senator (yes, he or she voted for the DMCA - they all did) and inform them of the abuse of law that the MPAA and RIAA is engaging in. Digital works should be protected by the same tradition of copyright that helped spawn innovation in this country over the last 200 years. Digital works do not deserve special protections beyond the scope of traditional copyright law!

  47. Bomb the MPAA/RIAA! by TylerDurden · · Score: 1

    And more important, how would you convince them to adopt it?
    You wouldn't. That's the point: the MPAA and RIAA have their head up their collective ass. As anyone can(and has) not-so-astutely observe, there's nothing that the above lettered organizations can do to stop us. They can sue one person, but the hydra-like internet will pop up three new individuals to protest an unjust action for each such action taken. Besides, the illegal nature of (some) mp3 trading is a good thing in that the draconian measures taken to stop it breed a healthy distrust of authority in many who lacked it before. Oh, yeah, this post is redundant, since the mp3/pirated media discussion completed its natural course about a year and a half ago. I would suggest that moderators mark my post down as such, but I think that the moderation system was the biggest policy mistake CmdrTaco and the others ever made, except perhaps for attachment of the nom de plume "anonymous coward" to anonymous posts. It only encourages people to act down to the expectations set by such a degrading name. I guess the fuckwit moderators can mark this as off topic now, too.

    --
    Sigs suck.
  48. The future of music (or video) by Anonymous Coward · · Score: 0

    Is for no recording or media devices in the home, just on-demand delivery from the uber-music collection. Bandwidth on the next gen mobile networks will be more than sufficient to deliver on demand MP3's (or higher). You'll never pay $14 for a CD again. You'll pay maybe 5c to 'hire' a one off play for a track. This will please the music companies no-end as they will receive a constant stream of revenue and when you work it out, it'll generally be cheaper than buying the CD/tape in the first place. (How many people could actually justify the $1000's they spend on CD's versus listening time ?). Of course there will still be pirate broadcasters ... sucking those poor multi-nationals dry :-)

  49. "Professionally Engineered" ? by bgue · · Score: 1

    A profesionally engineered MP3 has got to be better than a dorm room rip any day

    I don't see why...it's not like you need specialized hardware to encode an MP3, or horrible amounts of time. And the GPL'd encoders like LAME are getting pretty close to the Fraunhofer encoder etc, as well. So the difference between typing on a command line in a dorm room or in a studio shouldn't sound different...

    1. Re:"Professionally Engineered" ? by Anonymous Coward · · Score: 0
      I don't see why...it's not like you need specialized hardware to encode an MP3, or horrible amounts of time. And the GPL'd encoders like LAME are getting pretty close to the Fraunhofer encoder etc, as well.

      Pretty close isn't good enough for those of use who've worked in broadcast audio, and can't not hear the coding artefacts.

      Besides, the important thing is how you got those digits to encode in the first place. There are many arguments as to why CD is a poor audio format (linear quantisation wastes bits in favour of simplicity, hard 22 kHz Nyquist limits etc.) Why do you think pro-audio kit is going to 22 or even 32 bit sampling at 96 kHz? (yes, part of it is BS, but a lot of it isn't.) I've worked with people who could listen to something and then tell me what the frequency response of the speaker cab was, to within a dB of the metered response. I guess these people wouldn't be listening to MP3 audio, for much the same reasons that some broadcast TV engineers I knew won't watch TV on domestic sets.

      Quality Matters!

    2. Re:"Professionally Engineered" ? by Allnighterking · · Score: 1

      Thanks I couldn't have said it better myself. This in fact is precisly why I don't listen to MP3's from the net. With each successive download errors are induced so that by the 3rd or 4th iteration it's nerve racking to listen to all the skips, etc (sorry can't explain the noise in normal words) I've found that a lot of these "over-the-counter MP3's are the best that the person ripping can do. But still not enjoyable over the long term. However the potential for the record companies far outways the drawbacks if they get their heads out of their posteriors and start smelling the new brew in the air.

      --

      I'm sorry, I'm to tired to be witty at the moment so this message will have to do.

    3. Re:"Professionally Engineered" ? by bgue · · Score: 1

      I've worked with people who could listen to something and then tell me what the frequency response of the speaker cab was, to within a dB of the metered response. I guess these people wouldn't be listening to MP3 audio, for much the same reasons that some broadcast TV engineers I knew won't watch TV on domestic sets.

      Which is exactly why it doesn't make a difference if some poor drunk engineering student types "bladeenc in.wav out.mp3", or some professional engineer types "bladeenc in.wav out.mp3".

  50. Government sponsered? by jonathanclark · · Score: 2

    Libraries already allow people to borrow music CDs and movies, it seems the next logical step would be to have this digital and online.

    Then how do artist get paid? Simple, taxes. Everyone pays an "art tax" and artist get paid in proportion to how popular their music/movie is. Each time you play a song you increased that artists revenue. Of course barriers to cheating would have to be implemented.

    The advertising industry still promotes artist in return for a cut of that artist's yearly earnings. There is no actual product changing hands - just a bid to make the artist more popular. So the only part of the industry that goes away is the brick and mortar stores that do actual sales.

    1. Re:Government sponsered? by radja · · Score: 2

      hmm.. It sounds like a nice idea.. but I am not sure popularity is a good measure. Something like.. opera will never be as popular as say.. britney spears. Furthermore I think this still puts too much power in the hands of the musicindustry's giants. Power which I think should be with the artist. I don't pretend to have all the answers, but the attempts of the corporate giants to control what we can use to play, where, and when need to be stopped IMO.

      //rdj

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
    2. Re:Government sponsered? by RiscTaker · · Score: 1

      Then how do artist get paid? Simple, taxes. Everyone pays an "art tax" and artist get paid in proportion to how popular their music/movie is. Each time you play a song you increased that artists revenue. Of course barriers to cheating would have to be implemented.

      With a system like this there would be no incentive to "cheat", since copying would be perfectly legal and the tax would be as easy or difficult to evade as any other tax. No extra "barriers" would be needed.

      --

      --
      --
      Things are only impossible until they are not.
    3. Re:Government sponsered? by jonathanclark · · Score: 2

      Opera is about live performance and have a night out so I don't think it would change significantly. Opera singers don't derive much of their income from CD sales.. and they still wouldn't because of a small audience.

      Likewise, bands will still be able to charge for live performances - because it's about the experience and not the music.

      Think of this as voting for an elected offical. Except here you are electing a musican by playing his/her music. The musican gets money instead of an office. To increase their odds of winning the musicans will obviously hire PR staff and tour the country trying to drum up support and interest (votes).

      It seems a little evil if you carry this analogy the other way. Say.. Sony music inks a contract with George W. Bush saying : "we will get you elected, in return you must do this for us once elected"

    4. Re:Government sponsered? by jonathanclark · · Score: 1

      By cheat, I mean the artist runs a perl script that reports their song was played thousands of times making them look more popular - thereby getting more money from the gov.

  51. Capitalism 101 by Graymalkin · · Score: 2

    The author gets it right when he says we need a new business model if we're going to distribute "intellectual property". I'm suprised record companies havent devised some sort of NDA on their recording media that says you won't make copies of the product. The kicker with intellectual property is that it's physical production costs are insanely low due to our culture's industrialization. A CD which stores digital copies of a dozen songs only costs 2$ at the very most to produce. This is about the same for a DVD, a book, software program, ad infinitum. The problem with these media is that they are heavy and bulky and require gasoline, jet fuel, manpower, paper, plastic, ad infinitum to transfer to your convienience which adds to the cost of these things. The second drawback from a distrobution point of view is the fact they are physical object which take up space. Digital media on the otherhand is all virtual, it takes up space per se but seeing as a fully stocked library can fit onto a DVD disc the space restrictions aren't quite as restrictive. Lets try a little equation real quick. Say a CD costs $13.95 and has 14 songs on it for a total of 570 megabytes of music. The CD obviously costs $13.95, not including the price of gas to drive to buy it. Now lets calculate how much it would cost to download this album in MP3 format. 570 megabytes at 10:1 compression equals 57 megabytes. Current hard drives go for about 2 per megabyte which is roughly $1.14 worth of storage space. Now lets say you use a DSL connection to download this album. Your DSL service is from your phone company so it costs you about $39 per month and you can download at 512Kbps on average. Thats roughly 52KBps depending how you calculate it. SOme fancy arithmatic gets me about 18 minutes to download the album. Thats not even one penny (monthly connection fee devided by minutes in a month) worth of bandwidth on your DSL. So at most an album costs you $2 to download and keep. Why are recording companies so pissed off over MP3s? It isn't the piracy excuse, they are afraid of people having their own cheap distribution method of music that the record companies don't own. Every CD you buy gives a record company a chunk of chanrge, one larger than the artist gets for their troubles. New CDs are sold at sale prices, but older albums cost you a healthy bit more, giving the record company a larger chunk of change for something they stamped out months of years prior.
    I like the one guy's idea about people bidding in escrow for someone to release software, music, movies and such and then have them freely avilable. Another idea that would work fine is record companies offering really high speed distrobution channels that are fee-based. What a coincidence, HDTV is on the way in America which will offer nice sized data pipes into many people's houses. What if record and movie companies invested along with traditional cable companies to develop these networks. Your monthly payment would go in part to the record/movie companies to download high quality music and video for use in all sorts of consumer devices and on your trusty desktop computer. What makes this enticing to companies? The data pipe downstream is huge but the upstream pipe is tiny. People can share files if they want but it won't be nearly as fast as getting it strait from the fibre/coax/dish/radio.

    --
    I'm a loner Dottie, a Rebel.
  52. How much would you pay for this? by luckykaa · · Score: 1

    I'm just wondering whether it would be financially viable for the industry to support MP3's.

    So if a company was selling a CD containing about 2 hours of MP3's, for a small amount more than a normal CD, with explicit permission to put it on your hard disk, but not on a publicly available network, would you pay the extra for it?

    Assuming it came with nice packaging, and you had a player, would you buy it in preference to downloading all the files from the internet?

  53. I am my own radio station by Rhysling · · Score: 2
    Radio stations get most records for free.

    Radio stations pay a fee to ASCAP and BMI for the songs that are played on the air.

    Most of my music is on MP3. I don't listen to the radio... but I realize, now, that I am my own radio station, with an audience of one, available 24 hours a day without commercial interruption!! (It's a great station. The DJ is deeply rooted in my subconcious...) If I'm a radio station... how do I support the artists I'm playing?

    For non-profit stations the yearly fee from ASCAP is some negotiable amount less than 450 dollars.

    Now 450 dollars a year is a bit pricy. I'm trying to find out what a non-commercial radio station pays in fees as I write.

    ASCAP fees are unfairly divided between the record company and the songwriter. (So far as I know, bandmembers get nothing if they don't have songwriting credit)

    ASCAP also requires you to complete and submit a playlist so that the proper authors get reimbursed.

    Anyway, the key here is that a mechanism already exists that reimburses artists and publishers for their works without having to have purchased their media (cds,records,tapes). It sorta works. Perhaps it can be improved on.

    I, Rhysling

  54. Suitable Business Model by tigereye · · Score: 1

    In an ideal world the following business model I think would be best in providing an e-commerece trade for the likes of mp3.

    Just like record shops the '.com's would have a trade agreement with the record companies. In effect this allows the record-shop.com to sell either the songs on-line while paying royalities to the record company.

    Now the customer buying the music can either or both have.

    1. The mp3 is kept on the record-shop.com's server and a database which holds information relating to the customer's account provides access to that song once the transaction is complete. So the user can use a bit of player software to listen to the song while streaming it of the server. Also to protect from paranoia the mp3 stream is encrypted during transfer.

    2. The mp3 song can be downloaded once purchased. Now to protect from copying the song the mp3 is encrypted using something like the MD5 digest of the users account password. This is so that the MD5 digest can be held locally on the computer and has the same kind of protection as the likes of encrypted passwords in /etc/passwd (or /etc/shadow - depending on your setup).

    I am very opposed to having the song being encoded such that it will only ever play on the computer it was downloaded too. The basic premise is people usually upgrade there computer hardware, have portable players, different OSs on the same computer, more than one computer etc etc etc etc. And thought of having to redownload your ENTIRE music collection from all the record-shop.com's each time you had to re-install Windows 98 would drive you away from it and kill the market before it had even started.

    However the scheme has the same weakness and ethical debate as that of DVD - even more so because an mp3 file is a hell of a lot smaller than a DVD disc - so easier to copy and distribute once decoded.

    My suggestion would be to integrate a unique digital-ID signature into the decrpyted form of the mp3. It would have be such that the removal of the siganture from a signed mp3 file would be NP-complete or there abouts. Personally I don't know of any such algorthim - but I'm sure there out there. But the end effect is that if a mp3 is pirated then the original perpatrator could be identified. Also the digital-ID would have to be integrated in such a way that if the decrpyted mp3 was played back using another player that didn't know about digital-ID signatures wouldn't flip out.

    Believe me that I have very little illusion that doing this is very very hard. But hey - what else was voodoo and black magic invented for :)

    This kind of follows the same idea as how the person who created the Melissa virus was caught.

    By this way nearly everyone is happy - the source code for the client and server end could be published. Just like the RSA public-key encrpytion is published - point here is that we know the process but don't know how to break it. The thing is not proprietary - like DVD is at the moment. The record companies are kept happy because they get paid for selling their music on-line safe in the knowledge that they still get their royalities, have an increased market audience and if an mp3 is illegally distrubited then they can trace back to the source of where it came from and get the pirate who distrubuted it.

    Anyway back to banging my head of the desk writing my mp3 decoder. Just to answer the question of 'Why?' when there are other decoders out there under the GPL - because I love audio compression technology and of all the subjects I know this one I know the best, because I want to understand it, because its a challenge that is there. Just for reassurance - it will be released under the GPL. Also noted a few things in going through other mp3 decoder code.

    1. The original decoder code released by the ISO has a flaw in it. Although the code I am referencing it from is dated 1994 - so problem may have been fixed. The flaw is in the dequantization section when using a mixed block frame under a mp3 encoded to the MPEG 2.0 or 2.5 specification. When switching from the long block to the short block the variables pertaining to the next boundary reference and the sfBandIndex are thrown out of syncronisation - leading to buffer overflow situations.

    2. In the XMMS source code it uses Byeong Gi Lee's Fast Cosine Transform for applying the DCT calculations. However in the middle of reading a paper that has the statement that this alrgorithm is not mathematically stable - probably not enough to effect mp3 decoding - but I've seen the mathematical consequences of unstable equations. Though I've still got to see the mathematical proof for this statement. I'll get back on that one - doing large research into DCT and associated algorithms.

  55. Constitutional justification for copyright law by David+Jao · · Score: 3
    copyrights weren't meant to prevent people from selling stuff, they were meant to give the author the right to manage the content, including distribution.

    No! You are so wrong! I don't know what country you're from, but here in the US the legal intent of copyright law is defined in, of all places, the US Constitution, the highest law in the land.

    The Constitution says (and I quote):

    The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
    Federal copyright law owes its entire legitimacy to this clause in the Constitution. Reading it, you will see that copyright law exists to promote progress in science and arts, and not, as you say, to give authors control.

    The incorrect notion that copyright and patent law exists to give the copyright/patent owner control over their work has been misused time and time again by corporations to justify increasingly restrictive intellectual property laws, even to the point of choking progress in science and arts in a manner contrary to the Constitutional justification for copyright and patent law. But the Constitution is very clear on this point, assuming anyone even bothers to read it anymore. Authors should not be given an amount of control over their work that is so excessive that it hinders instead of promotes progress.

    1. Re:Constitutional justification for copyright law by SimonK · · Score: 2

      Well, that might be what the constitution says, but copyright and patents are older than the USA, and in fact originate in monarchies that never say fit to write the reasoning behind their laws down.

      Loosely speasking there are two liberal views of property rights (of which intellectually property rights are a subset for these purposes).

      The bit of constitution you cited is an example of the view first expressed clearly by Hobbes - That property rights are conceded to individuals by everyone else because it is in our long run advantage to do so. In this case it "promotes progress in science and the useful arts".

      The alternative view, originating with Locke, is that persons acquire a right to property by "mixing their labour with it". In this view intellectual property rights are acquired "naturally" by the process fo discovery and society's enforcement of them comes later.

      Having said that, I personally agree with you (and Hobbes).

      Simon

    2. Re:Constitutional justification for copyright law by David+Jao · · Score: 1
      copyright and patents are older than the USA, and in fact originate in monarchies that never say fit to write the reasoning behind their laws down.

      This is all right, of course. The philosophical justification of copyright is subject to intense debate and very likely differs from person to person. I was attempting to limit the focus of this discussion to legal issues, avoiding the philosophical can of worms as much as possible.

      I find it entirely reasonable to view the matter from a legal perspective alone, since all tangible outcomes of this or any copyright discussion are dictated solely by the legal standing of the various arguments and issues.

      So if you will allow me to restrict attention to the law, then what I said is absolutely correct: copyrights exist in this country for the purpose of promoting progress. The fact that I am citing the Constitution strengthens my position considerably. Congress can change the law with a vote (and when one's philosophy does not match the law, one often lobbies for this), but the prospect of a Constitutional amendment affecting the copyright provision is vanishingly small.

    3. Re:Constitutional justification for copyright law by Aquaholic · · Score: 1

      I can't agree with your interpretation which focuses on the promotion of science and art while totally ignoring the following phrase, "...securing for limited Times to Authors and Inventors the exclusive Right...". Exclusive is a very strong term moderated by the "for limited times". This clearly stipulates that the original autor or inventor has complete control of their IP but only for a limited duration, after which it becomes open for other's use.

      The great problem with our current corporate climate is that the original author does not own most of their IP, the company they work for does. Every place I've ever worked has required the assigning of inventions to the corporation. Even my college research projects were jointly owned by the university & me. This is clearly a subversion of the constitutional intent of this passage. How can one, a priori, give away the rights to their thoughts and ideas? The way most agreements are written even items totally unrelated to the company are the "the company's property". Needless to say this can actually have a chilling effect on inovation, knowing that your good ideas are not your own has kept many people I know from disclosing them, since the company probably wouldn't use them and certainly wouldn't credit you... but hey you've food an your plate and a great idea in your head.

      The only option is to go it alone and hope you can push your product far enough before your limited time is up. The corporations can play a waiting game knowing they have more resources than you and a very short time to wait--then they can walk in and profit from your ingenuity. What is really needed is protection for the original author which can not be assigned and continues with limited rights in perpetuity following the period of exclusivity.

      Just a thought.....

    4. Re:Constitutional justification for copyright law by Wah · · Score: 2

      Authors should not be given an amount of control over their work that is so excessive that it hinders instead of promotes progress.

      I think part of the problem is that our Congress (for sure) and our Judges (perhaps) equate profits with progress. I guess that's how they justify it at the end of the day.

      --
      +&x
    5. Re:Constitutional justification for copyright law by Sloppy · · Score: 2

      I think part of the problem is that our Congress (for sure) and our Judges (perhaps) equate profits with progress. I guess that's how they justify it at the end of the day.

      I don't think it's profit. It's net revenue.

      I think that if they focused on the profits made by the creators, we might not have a problem. Instead, they are trying to protect the whole string of middlemen who do not add value.

      People in government have this weird idea that they are supposed to "create jobs" and that it is somehow "good for the ecomony" to circulate money even when value isn't being produced.


      ---
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  56. Ways to Stamp Out Piracy by Trinition · · Score: 1
    Here are several ways that piracy could be stamped out:
    1. Make it cheap. Right now, music and movies cost money. They're significant amounts of money, relative to what it would cost to produce and distribute digitally. Also, everyone's time is worth something. If the value of the time it takes a person to pirate a song or movie is less than the cost of getting it legally (throw in there a margin of morality), piracy will occur. Ifyou make it easier to own a legal, official copy of the work, piracy will not occur. It's that simple. If I could download songs from the record labels ina high-quality format, with organized naming, proper ID3 tags, and even notes about the songs and album cover images, all in a nice,c lean package, for say, $1-$2, I would do it. Why would anyone waste their time fiddling with rippers and sloppy pirate sites bent on making you click banners when I could get a good copy very easily and legally?
    2. Make whatever it is that is being pirated totaly undesireable. If no one wants it in the first place, there will be no reason to pirate. Personally, I feel Hollywood and the Record Industry are both going in this direction. Its getting harder and harder to find good works through these channels.
    3. Make the means of reproduction expensive. Of course, before the days of rampant computer usage, this was the case. CD-burners were very expensive. Disk space was also expensive. At times, RAM soared near the price of gold. It was more of a monetary barrier to pirating things as music than a technological ones. Now we just have bigger hard drives, faster CPUs, more memory and cheaper CD burners. DVD burners are still too expensive, but they're on their way.

    I'm sure there are even more ways, but these are the ones that came to me off the top of my head. It seems to the first option would be best for the industry. They could maintain quite a bit of control, still make the same margins (since distribution would be far less expensive), and all the while seem like good guys to the vast majority of the public.

    Oh, wait! What am I thinking? That would only make sense... duh!

    1. Re:Ways to Stamp Out Piracy by Cardinal+Biggles · · Score: 1
      The first way you suggest is the way.

      I don't understand the second. Make it undesirable?

      Third is wrong. Don't make reproduction expensive artificially. Reproduction is good. For the common good, it should be as cheap as possible.

      Again: your first suggestion really is their only chance in the long run, and the one thing they could do that would be in both their own and the public interest.

  57. better idea by Anonymous Coward · · Score: 1

    Here's one. Stop trying to "maximize profits" so much. Lower prices ($20 for a cd that came out years ago? Really now...) and increase quality. Stop trying to rape customers, and i think they'll stop trying to rape you. Seems simple enough to me. I mean there will always be people that pirate or what have you, but who cares? I'm sure alot more people would buy cds if the new releases started around 5 or 10. Oh and stop interfering w/my right to fair use; it really discourages me from legally buying your product.

  58. NO ADVERTISING! by Anonymous Coward · · Score: 0

    Why can't people simply work for free like open source programmers do!? Why should I be expected to pay for music which I can just copy from my friend? Why do I have to pay for a book when it can be electronically copied MILLIONS of times with no loss of the original? Why should anyone expect to receive any type of compensation anymore when they put out something that I can't touch, taste, or feel? Work for free you blithering fools.

    1. Re:NO ADVERTISING! by Anonymous Coward · · Score: 0

      Unfortunately, no one will listen to your sarcasm. They are such single minded folk here.

    2. Re:NO ADVERTISING! by Anonymous Coward · · Score: 0

      Work free? Nothing is free. Review your physics. Its costs something to do anything. Artists, novelists, actors commit their time and energy to produce something philosophically 'real.' they have to eat and deserve to be rewarded for their efforts. the better we like the result of their efforts, the more they should be rewarded.

  59. Wrong, wrong, wrong! by Anonymous Coward · · Score: 0
    Just like record shops the '.com's would have a trade agreement with the record companies. In effect this allows the record-shop.com to sell either the songs on-line while paying royalities to the record company.

    But this is the whole point. Why the hell would any digital distributor make a deal with a record company when they could make a deal directly with the artist and become the 'record company' themselves!?!?!?!

    1. Re:Wrong, wrong, wrong! by Anonymous Coward · · Score: 0

      If you are making deals with the artist then in sense you are the record company. Though you may not only be the person with a deal with the artist.

      However try doing a deal to get the rights to distrubute the music of someone like 'The Rolling Stones' directly from them withoutr getting into hot water with the record company that they have the contract with.

      Simple fact is that record companies spend alot of resources in marketting the bands and artists that they have contracts with. And if you are going to the same with an artist then you are into the relmns of working as a record company

  60. Acces for all by drnomad · · Score: 1
    The DVD protection scheme was quite good. I mean, it's Xing's fault that it could be cracked isn't it?

    It's the fault of the DVD industry coalition, that there were motives to crack DVD.

    If they'd given away DVD drivers for Linux, BeOs, OS/2 etc. then DVD would not have been cracked.

    Everybody says that making a DVD copy is more expensive than buying the original, well, that works then!

    A new business model should serve customers in a broad way, this new business model is better prepared. They should sell 'DVD' drivers with encrypted keys to third-party businesses who'm provide front-end software.

  61. Taking away 2nd Ammendment is worse. by Anonymous Coward · · Score: 0
    At least now we have the means to repel the attacks made by the RIAA's door-to-door task forces that barge in without warrants and search through all the music on your house. The RIAA has teamed up with the UN and the Black Helicopters to strengthen their position in the New World Order.

    When the American Government relinquishes control of the government to the NWO on Jan 1st, 2001 (new millennium, new order), millions of black uniformed UN troops will storm into houses across the nation with registered gun owners and either kill them, take away all their guns, or both.

    If they survive they'll be taken to Area 51 where they will be used by the alien overlords there for experimentation on perfecting the brain washing abilities of the human sheep. Do NOT let this happen!!! Go out and secure a gun immediately... in fact, if you can, buy at least 5-10 AK47's and at LEAST 10,000 rounds of ammo. We need brave new warriors to fight this threat by the UN and the Millennium group to remove our freedoms.

    It's like that priest when he wrote about the Germans. Most of the pansy americans won't complain when the 2nd ammendment is taken away because you're not "gun nuts".. then they'll take away your 5th ammendment. Most of you won't try to stop them because you know you haven't done anything wrong so you don't need that protection against self incrimination. Most won't care when they come take all the blacks and hispanics away to slave labor camps because.. well, hell, some whites would probably hold fucking parades if that happened.

    And when they come around to take your 1st ammendment away.. only then will the liberal fucking pansy ass bitches start to speak up.. but it is too late by then. You just have to bend over and take that UN assault rifle up your ass because the 2nd ammendment is gone and all the TRUE patriots are in a camp in fucking area 51 being butt fucked and brainwashed by aliens. You're tortured and forced to report on all your illegal activities like your Pamela Anderson Lee honeymoon video sales on the Internet and your fascination with greek child porn.. nothing you can do about it.. you have no 5th ammendment right.

    Then, when the alien overmasters come out of hiding in their secret based to assume control over their hideous UN NWO organization you will sit back and wish you had listened to the "gun nuts". Because now your fucking constitution is worthless when you are being brainwashed by alien advertising saying "humans suck"... "humans suck"... "Drink Pepsi-Cola"... "humans suck". You're probably saying I am insane or something.. but I'm not. I've watched enough Exo Squad to realize the truth. Why do you think the show was cancelled after only a short run? THEY did it. THEY cancelled it because it spouted the truth about THEM. But they are not neo sapiens.. they are ALIENS! Heed my words people... buy a gun, hide in the woods, save the world! Which brings me to my main point! Why don't they bring back Exo Squad? That was a kickass show. Oh yea, fuck the RIAA.

  62. Missed Point by willy+everlearn · · Score: 1

    IMHO we have been distracted to the real issue. The issue is NOT about copying or piracy. There are DVD copiers on the market that I can afford that make viable copies of any DVD disks.

    The issue IS about what platform the DVD is played from. GNU/Linux will not pay for the rights therefore will not be permitted to play DVD's.

    willy

    --
    No hour on a horse is ever wasted. Winston Churchill
  63. Low-tech solution by Ctrl-Z · · Score: 1

    "...a wireless flat-fee/advertising-supported jukebox of unlimited capacity would strip us of our desire to make MP3 files."

    Scientists ushered in a new era of copyright protection today. They're calling it the "wireless radio". This amazing device transmits voice and music through the ether, directly to receivers which will be placed in homes and automobiles. This is the wave of the future!

    --
    www.timcoleman.com is a total waste of your time. Never go there.
  64. Novel Solution: Amateur Music by Roger_Wilco · · Score: 1
    One of the major things stopping amateur musicians (like myself) from recording is the cost of studio time. My idea is to set up a web site that allows people to download MP3s legally and quickly, but not distribute them further. The ad revenues from the site could (help?) pay for studio time for good amateur musicans. Of course some sort of verification that one has skill would be necessary. Does anyone know how much studio time costs and what sort of ad revenue would be required?

    (I'm saying that the music should not be further distributed, of course, to protect ad revenues. There shouldn't be much need, if the site is sufficiently fast. And "unofficial" redistribution isn't worth worrying about, we just don't want some rogue site mirroring our work and getting his own ad revenue.)

    1. Re:Novel Solution: Amateur Music by Anonymous Coward · · Score: 0

      Not a bad idea, but how will you respond when people distribute over Napster?

  65. I'll have to (respectfully) disagree by guran · · Score: 3
    Can a person or organisation ever have the right to with threat of violence control the spread of information?
    If you answered yes, you can say goodbye to Freedom in the information age.

    Let me state another question:
    Can a person or organisation (or society) ever have the right to with threat of violence expropriate your information?

    If you answer yes to *that* question, you no longer have any right to complain about for example doubleclick or echelon-ish schemes.

    My thoughs are information. Are they free too? Am I a bad guy when I choose to keep some of them for myself? I might have written something positive about my country. I would very much want the (legal) means to react if I was quoted out of context on a Nazi site.

    Hobbex, you have made many good posts, but I think you are going a bit far here. The purpose of copyright *is* to protect the artist or innovator. The artist is in his/her full right to give up their rights, either by GPL-ing (or similar) or by selling out to a distributor. The problem is that there are not enough "good" distributors to tackle the megacorps.

    The way to fight (MP|RI)AA and their clueless|evil likes is *not* by forcing them to free information. It is to demonstrate how flawed their business model is. Continuing down the path of the RIAA here will make consumers *and* artists lose and find alternative ways. How long do you think they will survive as middlemen of a vacuum?

    Let the artists free their information because they *want* to, not because *you* want them to.

    --

    All opinions are my own - until criticized

    1. Re:I'll have to (respectfully) disagree by Hobbex · · Score: 2

      Can a person or organisation (or society) ever have the right to with threat of violence expropriate your information?

      Noop. But as soon as violence is no longer needed, they have all the right to do so in the world. Unlike the current society, especially the American regime, that DOES want to force you by violence not to protect your data from expropriation by means of mathematics (cryptography), I consider this a right. In fact, the right to secrecy and the freedom of information go hand in hand in the information age, but neither needs to be enforced by violence as God (through mathematics) has already provided.

      By the same token, if the MPAA or RIAA did manage to make a copyprotection system that actually worked, I would not attack them.

      My thoughs are information. Are they free too? Am I a bad guy when I choose to keep some of them for myself?

      Of course you have a right to keep your thoughts to yourself, but as soon as you discuss them in public they are no longer exclusively your own, and you cannot claim any ownership of them.

      Hobbex, you have made many good posts, but I think you are going a bit far here. The purpose of copyright *is* to protect the artist or innovator.

      I see this as very bad critisism since the statement you quoted is at the heart of my entire philosophy of information. If you are an enemy of the freedom of information, I would hope that you disliked all my posts.

      The artist is in his/her full right to give up their rights, either by GPL-ing (or similar) or by selling out to a distributor. The problem is that there are not enough "good" distributors to tackle the megacorps.

      Yes, Stallman is a genius and the GPL is a silent revolution that could come from below and drive copyrights right out of existance just because, when it comes down to it, regardless of how much we have been taught to think otherwise, the freedom of information does make sense to us. I do hope that there is room in the world for the screaming revolutionaries like myself though.


      -
      We cannot reason ourselves out of our basic irrationality. All we can do is learn the art of being irrational in a reasonable way.

  66. The bottom line: They're irrelevant by Cardinal+Biggles · · Score: 1

    If people are online, distribution companies (music, movie, publishing industry) become unnecessary and irrelevant. The net does the distribution.

    Copyright was intended to enable the spread of knowledge and art. It is now no longer needed for that, so it should be abolished.

    Those who think that good music, movies and books (texts) will no longer be made when there aren't any companies that can put up megabucks are wrong.

    Money is never the motivation for great art (although it may be for lots of crap we have today that we'd better be without anyway).

  67. No, You are wrong by Anonymous Coward · · Score: 0

    ONLY, no w.

    Anyway, the only reason I buy CD's, is because I can't statnd advertising. The reason that most of the people I know buy CD's, is so that they can listen to what they want, when they want it. No matter how specific the channel, is still will not provide for this.

    I will give you that the original poster's argument was a little simplisitic, but that is what sarcasm is. Obviously the idea of a jukebox is more flexible than a radio station, but ultimately, it will still not satisfy the need that some listeners want.

  68. What a great idea! by Anonymous Coward · · Score: 0

    Yes! The answer! And we can have a "software" tax, so that no-one pays for software, but Microsoft get paid billions a year by the government because their software is most popular. And a "car manufacturing tax" so people don't have to pay for cars, and Ferrari will get billions a year 'cause everyone wants a Ferrari. And a "food tax" so that no-one has to pay for food, and farmers get billions a year... and... and...

    Hell, why bother with the taxes and payments, why not just abolish money and we'll all have everything we want for free!

    What? They tried that in Russia and it became one of the worst and most backward police states of all time?

  69. They are in the general interest by Anonymous Coward · · Score: 0

    People like to eat.

    People like to work (mostly, but we won't go there), to get themselves somethine to eat.

    If I do something that EVERYBODY wants, why shouldn't EVERYBODY pay me. You are consuming my product, you should pay for it.

    If the laws don't protect one interest, then soon they will stop protecting any interest, so every one has a concern that copyright laws are still upheld.

    The only reason Open Source works is that everybody donates their time, and do something else to eat. If everybody got paid for what they did, all the software would be better, but how are you going to pay everybody.

    1. Re:They are in the general interest by MenTaLguY · · Score: 2

      The only reason Open Source works is that everybody donates their time, and do something else to eat. If everybody got paid for what they did, all the software would be better, but how are you going to pay everybody.

      I've been paid to work on open source software -- but, I wasn't been paid for the software I wrote, I was paid for the work I did. Most programmers are paid like that anyway -- what percentage of programmers of closed-sources software do you know who get per-copy royalties? (the answer: very few. even the ones who freelance are typically paid by the hour, not per copy of software used)

      I don't think charging consumers per-copy is really fair, given that the programmers typically never get any of it anyway. We may as well stop trying to pretend programming isn't a service, and focus on funding software development appropriately.

      --

      DNA just wants to be free...
  70. Well you can read that in two ways by guran · · Score: 2
    And this is not an attempt to justify mpaa-ish behaviour.

    To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

    Depending on your views you can read that as:
    "We want to promote the Progress of Science and useful Arts. Therefore we secure the rights of the Authors and Inventors"

    or:
    "The rights of the Authors and Inventors shall be secured. (We believe that it promotes the Progress of Science and useful Arts.)"

    For obvious reasons, media companies prefer the second interpretation.

    --

    All opinions are my own - until criticized

  71. He is missing one vital part by Anonymous Coward · · Score: 0

    I hate advertising. He did say flat fee, but how well will that work, and what will the flat fee be.

    He is also missing the other point that to steal an MP3 is still cheaper and more flexible than either of his business models.

    The thieving bastards that have nothing better to do than bitch about how people aren't giving their talents away will never pay for anything they can steal.

    If I GPL a piece of software, that is my decision. I shouldn't feel obligated to, and you shouldn't try to force it down my throat.

    I work to eat, and live well. the harder I work, or the more important my work is, the better I should be paid. That does not mean I still won't donate money, and help fiends that are in trouble. That is a lot different than giving everybody I know access to my checking account.

    Sharing is one thing, being forced to share everything is communism. And to argue with Stallman's half assed attempt to seem pias, the Church only requests 10% for a reason, the Church believes you should be paid for your work, and you should choose to share part of that. Your plan is communist in nature.

  72. From the musician's POV by The+Queen · · Score: 1

    If musicians stopped feeling like they need to be on MTV, and started committing to a DIY set-up, then the big labels really would be in trouble.

    I can't speak for Brittany Spears, but I don't WANT to be on MTV. Have you looked at it lately? Where the hell is Downtown Julie Brown?!
    I have a site up at mp3.com, and am fully aware that people may download my music and do whatever they want with it. That excites me, though - it means they liked it. For 3 minutes they listened to me instead of Ricky Martin. I am of the opinion that the mp3 'revolution' is helping musicians to network and connect, share ideas and recording tips, etc. Most of the musicians I know aren't out to become mega-billionaires. They just want to be able to make a living off their music. (Some of us don't even have that much ambition - I have a pretty sweet day job, and do music on the weekends.) That's not to say that if, oh, Grand Royal dug my sound and wanted to sign me up for a 3 album deal I wouldn't think long and hard about it.

    Ultimately I don't see this as being an issue of how musicians are wanting to get airplay and TV time. It's about artists signing away their rights to big recording companies, who in turn market them, squeeze their popularity dry and then move on to the next big cash cow.

    And let's not forget the unwashed millions who buy the drek they play on FM top 40, people whose favorite song changes every week, who are supporting the MTV culture instead of searching out unique and unsigned artists.


    The Divine Creatrix in a Mortal Shell that stays Crunchy in Milk

    --

    The House Between - Original Sci-Fi Series
  73. I haven't had my coffee yet... by MorboNixon · · Score: 1

    ...so this may be abrasive. I don't think that the issue of copying DVDs and making MP3s will have that much relevance in 2-3 years. As the technology becomes more prevalent, these actions will become more and more ubiquitous. Just as copying CD's and audio/video tapes is now rampant (and often goes unprosecuted). The companies won't really lose out because, and this is the key, they will always have the Ignorant Masses (TM) to bail them out. Most people are not going to want to bother to learn how to copy these things. A lot will be scared away by the warnings on the original media. And many will simply not know how to make the copies and will not bother to learn how. It's the same reason why people get their car's oil changed at a garage, laziness and convenience. It often seems much simpler to a non-techie person for them to just go out and by a CD instead of downloading it off the net. If the industry loses a percentage of its tech saavy audience, the likelihood is that these people would not have paid for the music no matter what. The real solution would be for the record labels to keep prices reasonable. CDs should not cost $17. If they moderated the prices, say if CDs were $10 for example, I'd think their sales would skyrocket. I'd like the know the margins on the sale of a music CD these days...where does all that money go?

  74. "Information wants to be free" by Anonymous Coward · · Score: 0
    Ok. Suppose I like your /. posts, so I start making copies of them on CD-ROM and selling them for $2 a pop. But I don't give you any money.

    Or suppose I put your name, address, phone number, e-mail address, and purchasing habits on another CD-ROM and share that with my business associates who have many valuable offers to share with you. Hey, information wants to be free! You still have your own copy of your personal information!

    I notice that people who use this argument are almost invariably talking about other people's intellectual property rather than their own.

  75. New Models by Anonymous Coward · · Score: 0

    Not that anybody listened, but I"ve been saying for
    a long time that we needed new business models in the
    'Information Age.' This applies to movies and music,
    but it also applies to software and video games.
    The lastest couple rounds of video games have come with
    Herculean efforts at copy protection. Most of these
    efforts only manage to lock out and annoy legitimate
    customers.
    Companies need to find someway to make money without
    worrying about copying. Sadly, I don't know how.

  76. Protection for original author by David+Jao · · Score: 1
    You make very good points, and I would have brought up those points if I wasn't trying to respond to one specific narrow assertion of the parent post. In the context of the parent post the subject was "why do we have copyright" and I provided an authoritative legal answer to that question (authoritative because the Constitution is the ultimate legal authority).

    The fact that our current system does not protect authors' original rights is a major implementation failure that needs to be corrected. Even a simple change in our law to the effect of "The original author maintains ultimate copyright control during the period of copyright no matter what licensing arrangments are signed with others" would go a long way towards addressing this problem that you brought up.

    There is yet another good point to be found in the "limited time" stipulation. During our nation's formative years the duration of a copyright was 27 years. I don't think our founding fathers imagined that copyright protection would be extended to anywhere near its current 95 year length. I am quite convinced that a 95 year protection period can not be considered "limited time" in anyone's lifetime, but I seem to be the only one who feels this way.

  77. Re:Laws can't keep up...Bruce Schneier's proposal by Anonymous Coward · · Score: 0
    Check out Bruce Schneier's Street Performer Protocol. The basic idea is, an artist with a fan base announces "I am making/will make my next album/movie/whatever, and release it to the public, once I've accumulated $X in this trust account." Anyone interested can contribute. If the artist doesn't release the content, people get their money back (and Bruce of course has cryptographic guarantees here). Once the content is released, everyone is free to copy it.

    In this way, we take advantage of the medium, instead of fighting it. The artist benefits because free copies maximize his fan base. The public obviously benefits. A new musician or author will have to take some time to build a fan base before making any money, but that's pretty much the case anyway. Given the amount of hype George Lucas can generate, I think this could even work for him.

  78. Re:wireless, by Wah · · Score: 1

    as the cost to an individual or business of setting one up wouldn't exceed the cost of a server and the tracks being played.

    visit live365 (this free plug in return for all the commercial free music I get from them)

    --
    +&x
  79. Actually, only one way by David+Jao · · Score: 1
    There is a reason I quoted the entire sentence instead of only quoting the isolated phrase that you quoted.

    If you read the entire sentence, starting from the beginning with "Congress shall have the power ...", and ask yourself what this sentence authorizes Congress to do (keeping in mind that the Constitution also specifies that any power not explicitly granted to Congress remains with the states), you'll see right away that Congress has the power to promote the progress of science and the useful arts, and that's it. The word "by" in this context can only mean "by means of".

    The fact that the latter half of the sentence is a subordinate clause indicates clearly (to me at least) that securing the rights of authors is subordinate to the greater purpose of promoting progress.

    This is not to say that authors might not have intrinsic rights to their works anyway. They probably do have some natural rights to their work, but even if they do have such rights this sentence does not give Congress the power to secure those rights directly. As explained above, this sentence gives Congress the power to promote progress, not the power to secure rights as an end in itself.

    Remember that under the Constitution, Congress is not necessarily authorized to secure every single human right. For example, Federal law says nothing about murder unless it crosses state lines (at which point Congress's laws can apply because Congress has the Constitutional power to regulate interstate commerce), but I certainly have a right to life even if I'm only staying within one state.

    1. Re:Actually, only one way by guran · · Score: 1
      Well I was merely trying to play the devils advocate and point out how easy you can "fuzz up" a text.

      Unfortunately, a right not backed up by local, national and international law tends to be rather weak.

      --

      All opinions are my own - until criticized

  80. simple economics (and fairness) by TheGratefulNet · · Score: 2
    its generally accepted that only a few pennies of each $15 cd go to the artist.

    I'd be in favor of a 'pay for download' system where I can get authorized works (cleanly encoded, too) without funding the Big Pigs, aka, the record execs.

    IMHO, the execs do little to actually contribute to the art yet they get the lion's share of the revenue. so of course they revolt against this new model and cry 'Foul!'. I suppose, to be honest, if I was raking in that kind of dough, I'd be overprotective about keeping the cash flowing too.

    but technology is now equalizing things and its bigger than they are. their way of gouging cash from consumers has a very limited lifetime now. if they are smart, they'd adapt to the new way of things and try to make the system work for them instead of fighting it so much.

    anyway, I'd pay $0.05 per song to download it - no problem. heck, even $0.10 per song, and give that extra nickel to the execs. they should be happy for ANY charity we throw toward them ;-) but the days of the "$15 for 10 songs, 2 of which are worth listening to" is reaching its end...

    and btw, the current model is to force folks to buy music in bulk (ie, the whole cd). we all know that most popular bands today are producing a high fluff-to-quality ratio on the cd's. I'm sure the ability to buy only the songs we want puts a chill up the exec's back. this is probably another reason why they are so against a per-song download model of business. even if we pay the same proportion for mp3's as we do for full cd's, few folks will want to get the full cd. so the exec's profits go WAY down...

    --

    --

    --
    "It is now safe to switch off your computer."
  81. Re:Laws can't keep up...Bruce Schneier's proposal by Anonymous Coward · · Score: 0

    I like this, because it ties in with something I was mulling over. If there was a way to for an artist or company to get all their money at point of production, so that they didn't care about distribution by others, then the piracy accusations might not be flying. The problem is, how do you set a target? Everyone wants as much lolly as they can get. Us Nice Guys [tm] just want as much as we can *fairly* get. (If this shows up twice, I apologize. I dropped my mouse). Anyway, this scheme would block 'sleeper hits' from becoming successful, wouldn't it? I had no interest in seeing Blair Witch Project, but I like the idea that they can come out of left field and be competitive. How the heck could they set what they wound up making a priori?

  82. MP3 is not about piracy by puddles · · Score: 1
    I don't know what your angle is, but my motive for making MP3 is *not* to pirate music. It's simple - convenience.

    I have hundreds of CD's and god knows how many songs. The problem is that on any particular CD, there may be only one or two songs I really like. I rip those to MP3 and store them on my hard drive so that I can queue them up appropriately. I can't easily do this with conventional CDROM jukeboxes (the UI on those jukeboxes are horrid).

    I hope you don't continue to equate MP3-making with piracy.

  83. Re:Semantic Trap (arguments for limiting the DMCA) by wendy · · Score: 1
    >1. Copyright Protection
    >2. Copy Protection
    >3. Access Protection

    This is a great distinction among otherwise muddy concepts. We need to stress the legitimate uses of circumvention technologies or the overextension of copy-protection systems as access prevention.

    Copyright is a bundle of rights granted exclusively to the author. The right to make copies is just one of those. (Others are distribution, performance, and preparation of derivative works, see sec. 106.)

    Typically, once the author has exercised his right to copy and distribute a copy to someone else, call him the reader, the reader gets rights under the "first sale" doctrine to use his copy as he wants (read it, read it backwards, place it on a bookshelf, burn it...) or to give or sell his copy to someone else. The reader still cannot make further copies of the work or perform the whole work publicly, but fair use gives him the legal right to use excerpts from the work, or to copy for limited purposes.

    The licensing and access controls we're now seeing change that picture. Under a license, the reader doesn't own a copy of the work free and clear, but is granted a more limited set of rights. His license may not permit activities that copyright law would otherwise allow.

    If everybody who has access to a work is bound by a more restrictive license, there is no one who can exercise the fair use rights. The author can sue anyone who violates his license agreement for breach of contract, though not for violation of copyright. (Then we face issues of the validity of the contract; on a click-wrap license, the reader can raise arguments that there was no real acceptance on his part, so he should not be bound by the boilerplate...)

    The Digital Millennium Copyright Act in effect imposes a mass license condition, prohibiting readers from accessing works except through the methods approved by their authors. (The legislation has imposed its consent to these terms on us.) Fair use is again limited to what readers can do within the bounds of restricted access. Yet the legislative purpose was not to restrict use or access, but to prevent copyright-violative copying. The statute arguably goes beyond its legislative findings.

    I'm still trying to figure out where this leads. For one, we can argue that the DMCA unconstitutionally tips the balance of "promot[ing] the progress of science and the useful arts" by granting too many rights to copyright holders, against readers. A narrower argument suggests that for the statute to be constitutional, circumvention of access controls must be permitted, even if those controls are also copy controls. This is only a slight extension of the Sony holding that devices with "substantial noninfringing uses" must be permitted even if the devices (there VCRs) may also be used to infringe copyright.

    --Wendy

    --

    -- Openlaw: Fighting for fair use and the public domain

  84. Re:Laws can't keep up...Bruce Schneier's proposal by Anonymous Coward · · Score: 0

    The Blair Witch wouldn't make money, because its creators weren't known yet. No one is going to put up much money for unknown filmmakers. However, their second movie could make a lot of money. Blair Witch makes them money indirectly, by giving them a reputation. Once they have that reputation, they could probably come up with ways of figuring the price for their next film, based on how many copies of the first one are out there, polling their fan base, etc.

  85. a ManRec idea by Anonymous Coward · · Score: 0

    We wanted capitalism. Now we are protesting that some people have too much money (microsoft)... and we are protesting that RIAA is suing Napster and Mp3.com... and we are protesting that republicans don't want NASA to send people on Mars before 2015. What is it that we want? Can't w A website with 15 houres of music in streaming realaudio (available for free). that's 20 CDs. All the music is available in Mp3-format (CDquality) for the price of 1$ per track. it's the project I have been working on the last few months. (you can check it out at manrec.com). what do you think of this? Is it a communist idea? (you can email me at charbax@mail.com)

  86. How to convice people to use new business models by David+Ishee · · Score: 1

    The way you convince an industry to use a new business model is to put it in practice yourself, get stinkin' rich, take all their customers away, and the rest will take care of itself.

    --
    Your password has expired, please login to change it.
  87. My Ultimate Solution (repost!) by GooseKirk · · Score: 1

    OK, I posted this a week or so ago, but this story is just too relevant not to re-post it. This is one of my favorite topics, and I really think what I've got in mind here is the way to go with all this...

    The corporations are going to realize, either through enlightenment or exasperation, that a certain amount of pirating is going to happen no matter what, and all their lawsuits and dumbass anti-theft schemes just annoy and alienate a sizeable segment of their customers. And then they're going to realize that it's not really a bad deal for them... people are still going to buy real product, and bootleg MP3s can be great exposure. They'll have to grow up and take the bad with the good. Makes me want to waggle a finger at them and remind them that life isn't fair, then give them a little pat on the head and tell them to run along... the little tyrannical ballbusting corporate stinkers. They're so cute at this age, aren't they?

    Now, of course, when 2.2 terabyte credit-card-size storage cards become widely available, and your common Swatch holds 400 gigs, then all bets are off. But there's enough time between now and then to implement the only system that can save the corporations' sorry asses, as far as I can figure...

    You already pay $40/month for, let's face it, lousy fucking cable TV service that's unreliable and offers you no choice whatsoever. What a joke. But most of us keep paying it. Personally, I don't, but if I could pay $10/month and only get Fox (for The Simpsons and Futurama), Discovery, History, Bravo, AMC, Comedy and the Learning Channel, I'd be a happy bastard. But I'm not going to pay another $30/month for a whole pile of pathetic sports, news, almost impossibly stupid MTV shows and something called the WB Network which I'm under doctor's orders not to ever even look at. Oh... but sorry, got off on a tangent there - that's GooseKirk Rant #47. Back to...

    Check this out: If I could pay, for example, $60/month for full-on media services... if I could watch any TV show anytime I want, any movie anytime I want, and listen to any music anytime I want, I would never download another illicit MP3 as long as I live. Make this media service available via DSL, cable and broadband roaming wireless, and bam, you've just effectively - not completely, but effectively - wiped out piracy.

    YOU TAKE AWAY THE INCENTIVE. Why would I bother owning any physical media whatsoever? Why would I waste my time copying multiple gigs of MP3s and DVDs from my friends? I'm going to want this service no matter what -- it's cable TV, the video store and the music store all at the touch of a button, with all the new stuff available to me the second it's released and all the old stuff available any time I want. Every episode of Futurama, every song by Charles Mingus, every John Cusack movie all professionally encoded and cataloged and awaiting my command. No more schlepping around crates of CDs, no more messed up tapes and discs from the video store, no more late fees, no more unavailable titles, no more accidentally trashing or burning or theft of entire collections, no more missing a favorite show... I've seen the future, brothers and sisters, and it is cool. And add a Transmeta receiver with broadband wandering wireless service, and I'm good for home, the office, the car, jogging, whatever. And, oh yeah, make it a service that runs on top of my current internet provider, please.

    The business side of a project like this... I dunno. I'm sure it could be worked out. Out of a $60/month fee, say $10 goes to overhead for whoever runs the service, and $50 gets divided up among all the artists who created content on some sort of a per-watch/listen scale. I realize this raises more questions than it answers, but I'm sure the particulars could be hammered out. Hey, I'm the visionary, I leave the accounting to the eggheads, alright?

    OK, there's some privacy issues here, too, I know, I know. The Corporation is going to know everything I watch and listen to. Well, I'm of the camp that the US Gov't needs to pull its head out of its ass and enact some EU-style laws, and pronto. Sorry to my libertarian pals, but I think it's abundantly clear by now that the private sector is not going to play nice on its own, and a little governmental smacking around is occasionally in order. Microsoft. But that's neither here nor there. Personally, I got no beef with marketers knowing that I like good things and hate bad stupid things, and to please stop trying to sell me the bad stupid things and I don't care if Oliver Stone did make the football movie, I'm still not going to watch it, and I'm not going to watch his "WWF Smackdown" movie in 2012, either, so if I have to watch that idiotic commercial one more time...

    So what would this system actually be like?

    1. It has to be bilateral open-access. Anyone who pays their monthly fee can access anything, and anyone who publishes can get a piece of the action.

    2. It's gotta be flat-rate. Micropayments might make more sense, but IMHO consumers just won't go for it. Flat-rate rules.

    3. Royalties have to paid out in an equitable manner that's highly resistant to abuse (ah-ha! that makes it really tricky, eh?).

    So let's give this a shot:

    I think ye olde public/private key encryption is called for. Let's call our secure audio/video streaming format "MP5", and say that it's open-source. Anyone can use FreeMP5 to freely encode their A/V stream and post it on their website or FTP or MP5 server.

    But when I encode my MP5, if I want to make money off it, I register it with a public database with my public key... and there's probably a nominal fee for this, like a buck a song or ten cents per minute of video. I don't know who manages these databases, but it should work something like how the domain name servers work now (only... a little smoother, hopefully).

    The software I use to play back the MP5 stream unlocks the stream with my private key and hits a counter on the server for it. After some consideration, I think the creators should be paid per second a slice of the flat-rate pie. So if I pay $50/month for media service and I listen to and watch nothing but Peter Gabriel for a whole month straight, Pete gets all $50, but if I watch a straight day of CNN in there, then Pete gets like $48 and CNN gets $2. And if I listen to one Puff Daddy song in there (what are the odds), the Puffster gets like .4 cents. And I bet he hates being called Puffster. (No, I didn't work out the math - it's just relative, for illustration purposes)

    I guess in this system, our media service provider would be the maintainer of the database. This could be separate from both our ISP and the provider of the DSL/cable/wireless connection. I still don't fully comprehend how the whole domain name debacle is working, but again, that seems to be the sort of model I'd be after, where if one service refused to log my MP5 song called "Tits.com" because they thought it was offensive, I could just find someone else who'd do it and the experience for both the artist and consumer would be seamless because they'd interoperate like DNS. Does that make any sense?

    Of course all this will require some heavy duty infrastructure... but what the hell, in another ten years we'll have it anyway... gotta use it for something!

    Comments appreciated...

  88. I'm having the same dreams... by Anonymous Coward · · Score: 0

    We will have to change the rules; we'll have to think differently. The good thing would be to force everyone to pay some sort of "art-taxe" so we can have theese digital libraries and have access to all information for free. Oh yeah I'm looking forward to the art-on-demand-for-free future that awaits us. (you can check out my previous thread called "a ManRec idea")

  89. SO easy... by theVicar · · Score: 1

    I'm a dummy when it comes to marketing, but... It could have been SO easy! If as soon as mp3 became popular, the music industry had gotten all excited about it and provided free mp3 services right away, they could have had the opportunity to lay the groundwork for a broadcast system that would have perfectly accurate listener ratings, AND offer a direct path to the "buy" button. A perfect situation for making advertising money and paying appropriate royalties, with perfectly documentable statistics to base it all on. Plus, in doing all of this, they could have made the whole process of making and storing mp3s seem tedious by comparison to just listening to them anytime and anywhere you want without having to download or convert anything! And now everybody is so used to doing it that it probably is too late. But the other point is that, in this scenario, it wouldn't matter anyway if a few people wanted to keep mp3s around on their hard drives, as long as most of us were doing it the "easy" way and making them lots of cash. I tape the radio sometimes and I don't have FBI agents at my door, at least not for that...

    --
    ---The Vicar---
  90. Capitalism is broken with respect to IP by sam_oht · · Score: 1

    I think that what it comes down to is, free market capitalism does not work when applied to Intellectual Property.

    The key issue with any transaction is setting a price that is fair to both buyer and seller. The free market is supposed to find the 'best' price for any given item, by ensuring that the buyer has the freedom to seek out the best price, on the condition that sellers are not allowed to sell below the cost of production.

    The few laws that are applied in lassez-faire capitalism are those to ensure that the market works efficiently, eg antitrust, anti-dumping, and so on. This free market is the key to enabling Adam Smith's 'Invisible Hand' to ensure that the economy is organised as effieciently as possible, in general.

    BUT the problem is, this system only works for commodities, ie items where the seller has a choice of who they want to buy from. If the price is too high, they can buy somewhere else, and if there are no alternative suppliers, the increased prices will induce some to start up.

    The very idea of intellectual property invalidates this, because there is no alternative way to buy a particular album that you want (the price is determined centrally, whichever shop you go to). This means there is little way for the market to set a 'fair' price for music, videos, software and the like.
    Ultimately, if you want that particular album, you have no choice (legally) but to pay whatever the asking price is.

    Another feature of IP is that the incremental cost of each item is small, with respect to the original cost of creating the content in the first place. There is no concept of 'cost + margin' to fall back on to determine what something should be sold for.

    A couple of instances that show this up:

    Should new patent AIDS drugs be sold cheaper in Africa than Europe / America?
    Should CDs?
    How would you enforce anti-dumping laws for videogames, given that prices tend to reduce exponentially over time anyway? (£40, £20, £10, £5). Did games mags giving away year-old Amiga games kill that market?

    And of course, there's the whole piracy thing - can you steal, without directly depriving anyone of anything?

    One idea I had, thinking along these lines, was this:

    All software should be free
    All computer hardware should have a 5% tax (maybe 2.5% off govt. sales tax, 2.5% increased price)
    All computer software should log usage and report to a central trusted location (anonymously)
    The usage statistics should be used to allocate the hardware tax amongst software manufacturers.

    Result:

    Computer users pay no more than before, but have unfettered access to any software they desire.

    Computer manufacturers see a slightly increased tax, but their products are more valuable because they are more useful.

    Software development companies make as much money as before, but don't have to worry about piracy. The new system rewards truly good software, and punishes makers who use good marketing to get punters to buy products that won't actually be useful.

    Goverment gets slightly less sales tax, but a happier, more educated and more productive populace.

    Ok, I don't know what the % would need to be, and I know it's a flawed idea, but hey, it's better than the current attempt to stretch old-style, commodity capitalism to cover ideas as well.

    Whatever, I really think we need a new way of thinking about this.

  91. Re:Semantic Trap (arguments for limiting the DMCA) by ronfar · · Score: 2
    Actually, the current assault on Fair Use began with a new business model, a business model which began only after things like:

    1. Encryption

    2. Cheap Modems

    and 3. Massive Databases

    Became available to business. The new business model I refer to? Divx. Divx was intended to change (or rather truncate) the entire concept of ownership when it came to intellectual property. If Divx had suceeded, as opposed to DVD, even tighter controls on where, when and how you could use your DVD (all a Divx disk was was an "enhanced" DVD) would have been imposed. The court cases we're having wouldn't be over whether a Linux box could be created for Linux, but whether that "gold Divx" version of The Little Mermaid that you bought would have to be rebought after you let your account at Circuit City expire for a few years.

    Of course, digital video enthusiasts caught on to Divx right away, and had to fight some nasty lies in order to defeat the concept. I think most digital video enthusiasts understood the dangers of the Divx model, stuff like the Nosferatu effect (Bram Stoker's widow thought Nosferatu was to close to Dracula and successfully got many copies of the film destroyed. If the Divx age had come to pass, all she would've had to do was have her lawyer send a letter off to Richard Sharp, and the movie would effectively cease to exist.)

    This business model isn't dead, it's just resting. Divx II won't be called Divx II but it'll show up as long as people in the content industry believe it will promise "a vast expanse of gold as far as the eye can see."

    Basically, technology hasn't been seen by Big Business as any reason to abandon content control, but as a method to increase it to the greatest degree possible. I'm not sure how far it will go, but I was one of the foolish people who sighed with relief when I realized Divx was dead. I've seen now that it will take something big to turn back the tide of increased (rather than decreased) content control on the part of Big Business.

    --
    All the creatures will die, And all the things will be broken. That's the law of samurai. (Jubai, 1605)
  92. A modest proposal... by Once&FutureRocketman · · Score: 1

    In a previous discussion related to DeCSS, somebody pointed out that it was absurd to restrict the distribution of a piece of code, pointing to the example of various distributions of information on how to make bombs/guns/poison, etc. The right to distribute that kind of information (at least printed on paper) has been upheld again and again, regardless of its potential to lead to someone getting hurt.

    This got me thinking: Bomb plans are legal to create, possess, distribute, etc. But making and owning the bomb itself is illegal most places. I.e. the knowledge is legal, but the implementation is not. With a decryption scheme the difference between the knowledge and the implementation is much less clear cut, but it still exists: it is the difference between source code and compiled code.
    So if they want to be consistent with precedent, they should permit the distribution of the source, but not the compiled code.

    This is silly and spurious! you say. Well, it does seem that way, but I think this might be a compromise with something to offer. Think about the consequences:
    The hacker community can continue to pass around the code, and, yes compile it and run it and copy DVDs or whatever...

    BUT

    Nobody will be able to (legally; i.e. very profitably) produce a DVD copy machine that uses this code. This plugs a potentially enormous profit leak that I'm sure worries the Hollywood folks to no end.
    Also, Joe Q AOL User will not have even the minimal level of competence required to compile and use the (freely available) decryption algorithm. And 98% of the consumer public are in that class.

    The essence of this solution is that it allows the movie/music/etc industry to continue to fleece the sheep. But those who take the time and trouble to educate themselves can opt out. Personally, I find that arrangement very appealing.

    Of course, this is a compromise, which means that the entertainment industry gives up some level of control over their material, and the computer/consumer community gives up some of their freedom. So in point of fact it may be a solution that everybody can hate equally. Besides the fact that very few lawyers and fewer judges know the difference between source code, compiled code, and Morse code, so this solution will never be implemented. Nevertheless, I thought I'd toss it out there for people to pick at.

    --

    "Research is what I am doing when I don't know what I am doing." -- Wernher von Braun

  93. Some clarification perhaps by guran · · Score: 2
    Of course you have a right to keep your thoughts to yourself, but as soon as you discuss them in public they are no longer exclusively your own, and you cannot claim any ownership of them.

    Again, I'd like to be able to claim "ownership" of them. The question is what rights that "ownership" gives me. Do I claim (or grant others) the right to prevent people from access?, No!! What I do want is protection from misquotes, the chance to explain what I meant and so on.

    Two times I've been asked permission to use texts I've written (actually, that I and some friends wrote) My answer has been "Yes feel free to use it, *if* you would make any money from it, give us what you consider fair"

    I certainly don't consider myself an "enemy of the freedom of information" I just fear the possibilities for abuse. If information is free, how do I keep a secret? Where is the line between a private conversation in confidence and an open discussion? This reply is public (since I prefer an open discussion). The words of my post are definitely free. If I had responded by mail, would my words still be "public"?

    Free information is generally much more useful than closed. Therefore let the best system win in each and every case Forcing an "all information is free"-doctrine is (almost;-) as worng as forcing "all information is closed"

    OK I'm ranting. Keep screaming, revolutionary. The day everybody agrees either 100% or not att all will be a sad one.

    --

    All opinions are my own - until criticized

  94. Open Source Music by Anonymous Coward · · Score: 0

    Well I dont know of any buisness models (ways to make money) for open source music. But it still exists anyway, in the form of music modules (MOD format).