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CEO of RIAA Speaks at P2P Conference

Sarcasmo writes: "Hillary Rosen, CEO of the RIAA ? , spoke at length (PDF of Speech) yesterday, during the 'O'Reilly Peer to Peer and Web Services conference'. " Update: 11/08 02:15 GMT by H : Yeah, I removed the Rosen text. Sorry.

61 of 550 comments (clear)

  1. mp3 please? by VA+Software · · Score: 5, Funny

    Anyone got a recording of his speech? I don't feel like readind today?

    --

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    http://slashdot.org/moderation.shtml
  2. Really good point by Anonymous Coward · · Score: 5, Insightful

    She makes a good point that artists should be able to make money off of their work.

    Too bad the record companies screw them every which way from Thursday.

    1. Re:Really good point by Jingle+Returno · · Score: 3, Funny

      Just so you know, no artist has lost anything chartable since Napster and its mega follow-ups. Search the web, take time to look at the profits for records over a time spread, juxtaposed with P2P sharing. You'll be surprised that noone is taking your favorite artists' cocaine away.

    2. Re:Really good point by evilWurst · · Score: 5, Insightful

      nobody put a gun to the artists' heads and made them sign a deal with any particular record company, yet they have absolutely no say in the matter when it comes to people downloading their stuff for free

      Who ever said they have any say about signing the contract? If you'd ever paid any attention to the issue, you'd know that all publishers are members of the music industry cartel, which consipires to 1) keep the contracts all the same, so no one publisher can steal artists by offering a sweeter deal than the others, and 2) keep album prices the same, so no publisher can steal customers by offering a sweeter deal than the others. Of course, because of this they can also make the 'one contract' really shaft the artists, and the 'one album price' also shaft their customers.

      In other words, there is no choice for the artists who aren't already rich, and no choice for the fans who aren't already rich. This is fundamental cause of the whole mess. Blaming mp3s does nothing. Even if the entire Internet and every desktop computer vanished, CDs would still cost too much and artists would still be getting shafted.

    3. Re:Really good point by Shagg · · Score: 5, Insightful
      The RIAA is a monopoly. Please name a commercially successful band that was not under contract with them. They have the ability to tell bands to either sign a contract with them and make didley squat, or go out on your own and just make squat.


      They own all the copyrights, control all the content, and are the only distrubition point. The artists have no choice, and neither do the customers.

      --
      Unix is user friendly, it's just selective about who its friends are.
    4. Re:Really good point by agdv · · Score: 3, Funny
      very idea I have for 5 years are belong to the company


      #include <allyourbase.h>

    5. Re:Really good point by Ian+Bicking · · Score: 3, Informative
      Artists don't go into debt to the people who download their music, and they don't sign over their copyright for the privilege.

      The downloaders may not be giving compensation that they might otherwise have given. But they aren't taking anything from the artists. And even if they are freeloaders, they aren't taking anything from anyone else either. The RIAA is taking money from consumers, and they don't even have the decency to give decent compensation to the people who make it possible.

    6. Re:Really good point by Happy+Monkey · · Score: 5, Informative

      The RIAA is a monopoly.

      Technically, a cartel. Otherwise, spot on.

      --
      __
      Do ya feel happy-go-lucky, punk?
    7. Re:Really good point by elmegil · · Score: 5, Insightful
      I'm a musician too. Whoopty doo.

      There are two types of songs I download from the net: things I can't fscking get any other way, and things I want to hear before I buy them. If I don't like them, I may not delete them from my disk, but I don't listen to them either. No loss to the artist. If I DO like them, I'll go buy the album.

      If I had to make such a choice without hearing the music, I wouldn't buy it at all. I've been burned way too damn many times buying albums with only one decent track (can you say White Town boys & girls?) to do otherwise.

      As for the things I can't get any other way...if the RIAA would make their entire catalogs available for a reasonable fee (we're not talking the $1+ per song that it costs to get a physical album these days) for download, I would be straight legit for every single track I have. But of course they aren't really interested in that, they want to resell and resell and resell only the most lucrative portions of their catalogs rather than actually disseminate music to the people who want to hear it.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    8. Re:Really good point by Art+Tatum · · Score: 3, Insightful

      I agree that there are bad elements on both sides. However, I must point out that viewing copyright and patent as property rights is wrong. The Constitution (and other writings of the authors of that document) make it plain that copyright and patent are MONOPOLY rights. They enable a publisher to have a short term monopoly (14 years, originally) for the purpose of recouping publishing costs. It has zilch to do with property.

    9. Re:Really good point by linuxpng · · Score: 5, Insightful

      I'm sure I'll get modded down, but oh well. Why is it all of a sudden our job to renegotiate musicians contracts? It seems to me that this civil disobedience is only defiance of authority. I'm going to have to say that these people are all adults (mostly) or have adults representing them. I can't feel sorry for these guys. I know it sounds preachy but everyone misses opportunities to make more money, you do the best you can and move on. As for the RIAA, I don't condone anyone who sells and markets a product pissing on it's buyers. It's a tough place to be, I mean you like a band and want to support them but at the same time you don't want to support the RIAA. I think the best thing overall to do is not to give any of those people money. If you want information/music to be free the RIAA has to lose money and go out of business. Only way to do that is to stop giving it to them. The real musicians who love it will forge on.

    10. Re:Really good point by SubtleNuance · · Score: 5, Interesting

      Agreed.

      Correct me if Im wrong, but isnt it illegal in the US to fix prices, collude to rig the market and agree to non-competiton pacts in a given market?

      Isnt the very existance of the RIAA (and MPAA for that matter) practically evidence of law-breaking?

      Its like gas stations calling one another and pushing the price up...

    11. Re:Really good point by MO! · · Score: 5, Interesting
      The other factor you don't mention which does act as a gun to their head - tentative agreements (or some such term).


      Basically, during the "negotiating" phase of a recording contract, the artist/band is taken out to a nice dinner complete with refreshing drinks. The label rep then scratches out on a napkin or small scrap of paper a tentative agreement to sign a contract. This agreement works out to "if we give you this, that, and the-other-thing - you, the artist/band, agree to sign the recording contract. The artist/band is then asked to sign the napkin/scrap paper and the rep will have those "evil lawyer types" write up the contract. All through this the rep is playing best buddy - who would never do anything against the artist/band's best interests.


      Then the artist/band sobers up and receives the contract. They go to a lawyer (if at least a bit bright) and review it first. They find all sorts of ugly conditions in it, and tell the rep "no, can't do this". The rep "works" with them, changing a word here or there, but the essence of the contract terms remain unchanged (this is what you refer to as standardized among all labels). The artist/band says "sorry, I/we'll look elsewhere". The rep then pulls out that napkin/scrap paper and says "Sorry, you said if we gave you 'this', 'that', and 'the-other-thing', you'd sign with us. You didn't say we couldn't add conditions to them, just that you required them... and you signed a legally binding agreement.


      The game goes around until the artist/band does one of two things. 1) Caves in and signs the deal. 2) Breaks up and doesn't pursue a contract with another label (essentially going out of business).


      Most artists/bands at this point will opt for #1 and hope for the best. Often times, after the first record is completed and even if it does well, the artist/band will still break up and disappear once they realize how bad it really is. This is what generates all of those One-Hit-Wonders. They do a single record and file bankruptcy never again to record professionally.


      So, you might say there's a bit of a gun held to their head. It's called a binding agreement even though it's just scribbling on a napkin.

      --
      I AM, therefore I THINK!
    12. Re:Really good point by Trepidity · · Score: 3, Interesting

      Unfortunately for your argument, not all publishers are members of the music industry cartel:

      http://www.nitrorecords.com/
      http://www.gashed.com/
      http://www.metropolis-records.com/
      http://www.fatwreck.com/
      http://www.victoryrecords.com/
      http://www.dependent.de/

      Just to name a few of the bigger ones with more popular bands...there's literally thousands of smaller ones.

    13. Re:Really good point by einTier · · Score: 3, Insightful
      A bigger problem is that they want to control, control, control.


      They want to force you to keep buying the same album. First it was oooh, look, vinyl! Then it was, if you buy a 8-track, you can play it in your car! The 8-tracks broke too much, so here's a cassette. Cassettes wear out, here's a CD. Unfortunately, CD was almost the perfect medium. They've not been able to get people to switch over to DAT or MiniDisk or DVD-Audio. And, barring some fundamental switch in technology, they won't be able to.


      Enter electronic music. People want to download digital bits of music to their portable players -- but the RIAA hasn't figured out a way to get them to pay for it. Preferably, pay for it for each player, and pay for it each time it's played.


      But, they aren't looking at what people want and are willing to pay. I'd pay $5 for a CD, and I'd think it was fair for something that costs less to make than a cassette that costs an exhorbitantly high $8-10. As it is, I buy no CDs. I'd buy a track online in mp3 format for about $0.25. I'd buy just about everything I want if they were about $0.05. Again, I think this is a fair price for something that costs very little to distribute. I won't pay $1.00 for a track that is in a propriatary, protected format, and I won't pay $0.25 or even $0.05 for a song I can only listen to once or twice.


      I'm extremely distressed at the back catalogs I can't buy -- even if I want to, and the music they won't sell me at any price, and don't want me to get, like b-sides on CD Singles released only in Germany. I'm even more distressed by the insane profits the music industry makes, and the way they keep trying to squeeze yet more profit out of the consumers.

      --
      -------------------------------------------------- $665.95 -- retail price of the beast.
    14. Re:Really good point by ksheff · · Score: 3, Insightful

      That's why one reason why Branson and casinos exist. To give old once popular musicians jobs. They probably make a hell of a lot more money doing that than what they get for royalty payments. They probably make more playing bingo than what they get from the RIAA/record labels/whatever.

      Besides, who says that once someone becomes popular and then fades from the public spotlight that they must depend on those royalties forever? Unless they were the song writer and someone covered their work, after they stop being popular, what little they were getting before drops substantially. They will get other jobs. Big deal.

      The hypocritical part of all this is that the music industry & the RIAA routinely screw the artists over by classifying the recordings as a 'work for hire' product (see the earlier Slashdot article about it). If the product is not the artists', why not pay them and everyone else involved a set fee. This would certainly eliminate a big reason for all the tracking and radio station payment crap. Unless my employer has a profit sharing or stock compensation plan, what payback do I get if I write something that makes them a lot of money? Nothing. I get paid to do a job. Why can't these people? If the copyright laws would have stayed the same as they were when the country was founded, none of this would be that big of a deal. However as it stands now, copyrights are being used as a way to try to get on an eternal gravy train. Write a hit song or something else and then milk it for decades as opposed to the original plan: do something creative, get paid for a short amount of time, then it's free. Since the time one could get paid for it was short, if one wanted to do this for a living, the creativity would have to be sustained. Scale the copyright laws back to their original state and pay supporting people wages. None of the p2p stuff would matter then.

      Also, she kept referring to all of this as theft of intellectual property. None of this is theft of IP. That would imply that I would take a song and then try to pass it off as my own and deny the creator the appropriate recognition they deserve for it. They aren't losing any IP (well the record companys anyway..the artists do with work for hire contracts). They are just aren't making the obscene profits that they want to make.

      --
      the good ground has been paved over by suicidal maniacs
  3. Thanks for destroying the appeal of capitalism. by Tackhead · · Score: 5, Funny
    > [Hilary Rosen's] desire to roll around naked in a pile of money

    Great. Now I'll never look at a big wad of bills the same way again.

    1. Re:Thanks for destroying the appeal of capitalism. by Sarcasmooo! · · Score: 3, Interesting

      Why'd they remove that part from my submission?

  4. I know where my next stop would be... by cOdEgUru · · Score: 4, Funny

    From the Article :

    But as long as you're looking for whom piracy really hurts, ask the guitarist
    in the coffee shop, or the group scratching out a living touring in a beat-up van.


    I didnt know she had that much compassion towards us poor touring artists. Now I know where I am gonna take my deadbeat van and my pothead groupies next . Right to her doorstep! Maybe she would tip us better..

  5. Hmm. . . by jiheison · · Score: 5, Insightful

    She states that lesser selling but still popular artists have a hard time finding their fans in efficient ways, and fans have needed more direct access to their favorite artists and easy access to ever part of their creative output.

    As far as I can tell, the RIAA is the primary obstacle to both of these goals.

  6. If they'd produce good content... by Bad+Dude · · Score: 4, Insightful

    If the music industry would focus on producing an entire cd's worth of good music, I'd be much happier to buy it. In these days of image before talent, it's easy to see why the public doesn't feel like spending money on a portion of a cd that they will enjoy rather than a rich listening experience that they'd call 'a good cd all in all'....

  7. a what? by recursiv · · Score: 5, Funny

    If I were you, I would try to stay away from any wad of Bill's. Ew. It's just unclean.

    --
    I used to bulls-eye womp-rats in my pants
  8. Intellectual Property as America's Core Export by theblackdeer · · Score: 3, Insightful

    Dear Ms. Rosen,

    You make a good point regarding the differences in businesses, whether they play by the rules (major labels), or break them (Napster). Napster-like trading services have changed the way your business competes, and it is an unfortunate truth that your business will have to change in order to deal with that. I don't see how asking consumers to 'step up to the plate', or to 'cough up some money on that plate' are going to help your business be competitive.

    Best Regards,

    R. Hogaboom

  9. They wont be satisfied ... by TheViffer · · Score: 4, Funny

    until there are quarter slots in our car stereos to listen to radio play time. (Though the commercials will free ... what a bargain)

    --
    -- Knowing too much can get you killed, but knowing who knows too much can make you rich.
  10. This just in!!! by phathead296 · · Score: 5, Funny

    [tommorow's news]

    A hacker known only as VA Software has been arrested today for attempting to distribute an illegal digital copy of Hilary Rosen's recent speech. The RIAA informed the FBI of the breach of copyright under the DMCA and immediately moved to arrest VA Software.

    In other news, the hacker web site known as Slashdot was shut down and one of it's members was arrested for an attack on riaa.com. The attack has been described by sources within Slashdot's membership as the "Slashdot effect."

    [/tomorrow's news]

  11. Jackster and the Beanstalk by Bonker · · Score: 5, Insightful

    But as long as you?re looking for whom piracy really hurts, ask the guitarist
    in the coffee shop, or the group scratching out a living touring in a beat-up van.


    Oh bullshit.

    It's precisley these people that the wantonly open trading of music helps most.

    I saw an interview with the Offspring a little bit ago. They were asked the question 'How can my garage band make it big'.

    They gave several suggestions, but the one they harped on most was giving away the music to anyone who would listen to it, be it kids, dj's, or record executives. I think they were talking about free tapes and CD's, but it amounts to the same thing.

    Look at Rammstein (sp?) with their hit 'Du Hast'. Rammstein would never have been as big in NA with a German-titled song without the power of MP3 piracy. Nobody knew who they were in the U.S. before their tracks started showing up on Scour, Napster, and Usenet.

    Hillary Rosen is a lying bitch. She's not worried one little bit about money, for herself or for the artists. She's worried about the music industry losing control of their golden goose, which has already happened to a great degree.

    Jack Jackster into the castle, has the singing harp and the golden goose, and now the evil giant Hillary has to keep him from getting out alive. Here's hoping she falls off the beanstalk and makes a big hole in the ground when she lands.

    --
    The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
  12. She's lying through her teeth by Rosco+P.+Coltrane · · Score: 3, Funny
    From the PDF : "Are the works of artists valuable ? the answer, in my view, is a resounding YES. I think most of us agree"

    *cough* Britney Spear *COUGH COUGH* Backstreet Boy *COUGH RRRRAHHH* Spice Girls ...

    Actually, she's right, the works of "artists" is valuable ... to the RIAA : how else would they milk so much money from today's masses of artistically-challenged teenagers ?

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  13. Infringement NOT Piracy by gizmo_mathboy · · Score: 5, Interesting

    Call me pedantic but I hate how the RIAA keeps calling the downloading of music files via p2p software piracy. It is copyright infringement. Period. It is closer to piracy what the RIAA does to "its" artists.

    I know there are some artists trying to buck RIAA stranglehold but I'm waiting for the day when big artists (remember The Offspring's attempt to make _Conspiracy of One_ available for download?) get out from under the big studios and the RIAA.

  14. Glad to see... by Relic+of+the+Future · · Score: 5, Funny
    From what I can surmise, the speech dealt both with her love of money and her desire to roll around naked in a pile of money.

    Glad to see that story submissions are always un-biased on /. </sarcasm>
    --
    Those who fail to understand communication protocols, are doomed to repeat them over port 80.
    1. Re:Glad to see... by LionKimbro · · Score: 5, Insightful

      We're obviously biased towards Linux, and against the RIAA.

      We value certain things, and think certain ways, and have never set up illusion otherwise.

      It's called a community.

    2. Re:Glad to see... by elefantstn · · Score: 5, Insightful

      And I'm glad to see you can get modded up for the blatantly obvious observation that /. isn't an impartial news source. Thanks, Sherlock.

      Oh, and did you see how the Microsoft icon is Bill Gates looking like the Borg? I think that there may be a little anti-MS bias here, too.

      --
      If it ain't broke, you need more software.
    3. Re:Glad to see... by Sarcasmooo! · · Score: 5, Insightful

      Oh please. I would love to see some of the people who complain about bias explain to me how you can run a site where the content is generated by the readers without opinions showing up. That comment was made (by me), and I have opinions just like all the other readers. Why not complain that Slashdot doesn't filter out biased comments under the story itself? It would make as much sense. I find it hard to understand how people get their panties in a bunch even when it's an editor making an opinionated comment after the story. Are we all so stupid that we need opinions to be labelled for us? It's a different story when an opinion is being presented as fact, but if you can point out that kind of blatant lie by an editor, then I'll give you a cookie. Meanwhile you're just schmucks, nitpicking your own personally generated content for being personal; while I'm sure you're likely to get your nightly news from MSNBC, or CNN, where you can't bitch and complain about bias because the professional bullshitters don't bother to state their predispositions; they just decide what you can and can't see.

  15. Think About This by Anonymous Coward · · Score: 4, Funny

    Despite the obvious negative energy most people have towards the RIAA, the woman does make a few good points in the speech.

    Two wrongs dont make a right. If you do not like how the Record company handles things, boycotting them is fine but STEALING their copyrights through P2P networks is not justified. Buy from indy labels, dont buy from the big boys. However, you still do not have the right to take their copyrights.

    Also, the RIAA is not anti-P2P networks. The question isnt whether peer to peer technology is good or bad. The question is whether these networks will be used with repect to what artists create just like the recording industry respects what business sponsors and sofware developers make. If the RIAA released a program to help warez software, you wouldnt like the RIAA either, would you. The RIAA is not anti-software developers, theyjust want to protect their monopoly.

    1. Re:Think About This by Danse · · Score: 3, Interesting

      Two wrongs dont make a right.


      Neither does simply allowing the original wrong to stand. I love how the crooks of the world always hold this up as a defense when the hammer is finally about to fall.


      Actually, even though it probably won't help a bit, what we should also be doing is protesting to the government to change the damn laws that were obviously paid for by the entertainment industry. Extending copyright until it lasts longer than an average human lifetime just defeats the purpose of the "limited times" clause on copyright. What good is it if Disney and the others can just buy an extension every time their copyrights are about to expire?

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    2. Re:Think About This by startled · · Score: 5, Insightful

      "If you do not like how the Record company handles things, boycotting them is fine but STEALING their copyrights through P2P networks is not justified."

      Perhaps capitalizing does something to the definition of a word that I'm not aware of, but I'll assume for the purposes of this discussion that such a mutation is not built into the English language. Now, no one has ever stolen a copyright over a P2P network. It's impossible. Why? Two reasons:

      1. when I download something via a P2P network, the person whose machine I copied it from still has it. That pretty much makes it impossible to steal anything.

      2. I download mp3's, not copyrights. What P2P network are you on?

      What-- you think I'm being flippant, or dodging the issue? I'm not, but the RIAA is (as are you). This is not an issue of stealing. No one's stealing anything over P2P networks. You still have it when I download it. Why do they talk about stealing instead of copyright infringement? Because stealing makes it sound like you're taking money away from some poor artist; copyright infringement makes it sound like you're cutting into the recording industry's profits. If they got too in-depth and started talking about real issues, everyone would realize in a second what disgusting slime these people are. As long as they can bog people down in the typical platitudes of "two wrongs don't make a right" and "stealing is wrong", they never have to worry about real scrutiny. Don't be fooled.

  16. Which came first by kin_korn_karn · · Score: 5, Interesting

    There's a bit of a chicken and egg thing, though. Most rock musicians (I am one, so I can say this) just aren't very bright folks.

    I remember reading a story about how Lynyrd Skynyrd got screwed out of their royalties. They were all high school dropouts (they were named after the principal of their high school, who threw/pushed them out, Leonard Skinner) and when they were presented with the contract, they could not read. They signed it anyway (without going to a lawyer to interpret it for them) on the side of some interstate in Florida.

    So who's worse - the band for being too dumb to know the value of education or to cover their ass, or the record companies for taking advantage of that? In their case, it's about equal, coming from their background. However, there are some artists that have never had a chance for an education, but they have this raw talent, and the record company just rapes them and tosses them out when they get old/fat/non-trendy. It's really a case-by-case thing.

    For the record, Lars is an idiot, too :)

    1. Re:Which came first by PhReaKyDMoNKeY · · Score: 3, Interesting

      (Offtopic)

      Even better is the story of the guy who wrote "The Lion Sleeps Tonight." He died penniless in Africa: his family couldn't even afford to buy him a tombstone. Rolling Stone did a whole article about it. A great example of artists getting royally fucked.

  17. Hillary Rosen vs Courtney Love by why-is-it · · Score: 5, Informative

    Courtney Love gave a speech last year about the topic of music theft, and the roles that Napster and the RIAA play in that theft. A brief quote:

    Today I want to talk about piracy and music. What is piracy? Piracy is the act of stealing an artist's work without any intention of paying for it. I'm not talking about Napster-type software. I'm talking about major label recording contracts.

    The full text of Love's speech can be found here.

    It is an interesting read, particularly if you contrast it with Rosen's (ahem) desire to protect the artists and ensure that the artists are fairly compensated...

    I wonder if Hillary was able to keep a straigh face during her speech!

    --
    *** Where are we going? And what's with this handbasket?
  18. Well... by PhReaKyDMoNKeY · · Score: 5, Interesting

    (Please save your flames until you've read the whole post)

    She does have some legitimate points. Personally, as a musician, and one who plans to make music a career, I want to be able to have the same opportunity to make money as anyone else. I don't want to be rich, I just want to be able to live comfortably.

    However, the foundation of her argument is flawed. Artists get a ridiculously small percentage of CD sales, and this isn't changing even as CD prices close on the twenty dollar mark.

    Artists get most of their money from concerts. Albums are basically just advertising. File-sharing programs are more effective advertising (People like free things). If more people are listening to their music because the price barrier isn't there, then more people will go to their concerts, putting more money in the artists' pockets. This is a good thing.

    The only artists who are speaking out against file sharing programs are artists that A) don't need any more money, and B) don't understand that this actually helps less mainstream artists.

    Basically, what it comes down to for me is this: If I'm dinking around on Limewire, Napster, Morpheus, or any other music-swapping program and I come an mp3 of one of my songs, I'm not disappointed. I'm not feeling the money fly out of my wallet. I'm elated. I'm absolutely ecstatic that someone would take the time to download my music and keep it on their hard drive. They've done this because they like it, not because of money or any other impetus. That's half the reason that I want to be a musician (Incidentally, the other half is that I hate/suck at everything else): to create something that people like - that touches people. It's a wonderful thing when this can occur outside of a corporate environment, outside of the store. If my music was flying all over the 'net and I was living in the street, that would be a different matter, but that's just not how it works.

    Anyway, that's just what I think...

    (Does anyone else find the Gates-esque overuse of the word innovation and derivations thereof rather disturbing?)

    1. Re:Well... by ksheff · · Score: 3, Insightful

      I always took that quote as them providing a reason why you should go see their concert ie. new music will be performed and not the same old stuff you've seen them do before. The promotion of the album is for the recoding company's benefit and as a way to try to get increased visibility. Before they got recoding contracts, bands most likely made money by their performances and any merchandise they had available for sale. That's one of the reasons why they got a recording contract in the first place. Selling more albums helps them get more airplay and other promotional help from the label which then helps them draw bigger crowds. Whether they make money on it is dependent on the deals they've made with the promoters, how extravagant they want to be, and/or how much they have to pay the label for recording costs.

      --
      the good ground has been paved over by suicidal maniacs
  19. Ok... by Danse · · Score: 4, Insightful

    Ok, is it better if I screw some little old lady out of her pension by promising her a great return and getting her to sign over her money to me and then pointing out some bit of fine print that allows me to keep all of it, or if I just steal it all out from under her mattress? Which one makes me an asshole? More specifically does one make me a bigger asshole than the other? This also leaves out the part where record sales were climbing greatly during the P2P peak. Maybe those downloading were still buying?

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    1. Re:Ok... by Danse · · Score: 5, Insightful

      Maybe the economy was awesome and people had more $$$ to spend on music?


      Maybe. But how do you know? They claim Napster would destroy artists because they couldn't make a profit, yet even at Napster's peak, they were raking in record-breaking profits. I think the evidence supports my argument more than theirs. They have yet to show any real damage resulting from file-swapping. That's kind of like accusing someone of murder when everyone can plainly see that the "victim" is alive and well, and just bought a new BMW.


      The rest of this post is off-topic. Ignore it if you like.


      Damn...this is like the studies that say "concealed carry laws correspond with periods of decreased crime!"


      Completely off-topic, but since you mentioned it.... Concealed carry laws don't correspond so much with "periods of decreased crime" as they do with decreased crime in the town/city/state where concealed carry is legal. Obviously other factors must be taken into account as well, but so far, the evidence is on the side of concealed-carry advocates. From what I've read, it's usually a case of the pot calling the kettle black when it comes to opponents of concealed carry. The papers I've read opposing cc take even less into account than the papers in favor of cc. (Btw, I'm not, nor have I ever been, a gun owner. I have read quite a bit about the issue though.)

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  20. So what are you saying? by yoz · · Score: 5, Insightful

    That they're not valuable? Apparently it's just because you don't like them.

    Okay, let's have a couple of very basic lessons which most of the "Of COURSE I should be given it for free, DUH!" bozos around here seem to need.

    1: Does recording a new Britney Spears (or another artist you may actually like) album cost money? You betcha. Recording time, session musicians, studio staff, blah blah blah, not to mention all the promotion for the album, design costs, etc. It all adds up to thousands or even hundreds of thousands in many cases.

    2: Is a new Britney Spears album in demand? Maybe not for you, but several million teenagers think you're wrong, and who are you to say you've got better taste than them? First lesson of economics: demand = value. Amazing how many people forget this.

    3: The way you talk, you'd think that all commercial music was Britney and Spice Girls. Oh, right, I'm sorry, I forgot that there are no commercially-produced CDs in your collection. Well, if I'm wrong, surely those CDs have some value? Right? Or are you going to say that the tons of good work that gets produced by thousands of recording artists every year is worth nothing?

    As much as I hate what the RIAA is doing, arguments like yours make me want to side with them. I care about music because it makes my life better. If music has no value to you, I don't know why you even care whether you can download it for free or not.

    -- Yoz

  21. Any remotely unbiased opinions anywhere? by Jeff+DeMaagd · · Score: 4, Interesting

    I know some of you are going to *really* hate me for this post. Mod me down if you feel like it but I think the point remains.

    I think it is obvious that Rosen would have a bias for the RIAA's stance. Slashdotters have a strong bias against the RIAA's stance.

    Is there any sort of remotely middle ground reporting anywhere?

    Basically Slashdot discussing the RIAA or the RIAA discussing Slashdot is going to have a lot of blood involved, each side is going talk from such an incredibly biased viewpoint that there is an increasingly diminishing chance to pick out the truth among the propaganda. It is much like political parties talking about each other. They might all agree on a private level about something but simply disagree because they hate each other.

    To me, it is obvious to me that a person commenting a Rosen speach as being about "rolling around in cash naked" has to be taken with a grain of salt.

  22. Before I subscribe... by update() · · Score: 4, Interesting
    from the the-mouthpiece-pulls-a-mundie dept....From what I can surmise, the speech dealt both with her love of money and her desire to roll around naked in a pile of money.

    Geez, what an insightful, informative writeup.

    Taco, I've been reading since the site was run off the server you were adminning at work, and had expectations consistent with your scale of operations. But if you're implementing paid subscriptions, you might also want to apply some of the standards normally expected of professional journalism. In this case, that would involve a writeup that doesn't rate a -1 Flamebait and filing the story under Music, which I have blocked because I simply can't stop myself by flaming every one of these hypocritical file sharing stories, rather than The Almighty Buck.

    (Yes, I understand the difference between the submitter's text and the editor's additions. An editor's job involves -- get this! -- editing!)

  23. Ah, the sweet cloying smell of hypocrisy! by HalfFlat · · Score: 5, Informative

    Hillary Rosen says,

    The question is whether they're [peer-to-peer networks] going to be used - whether they'll respect what artists create just like we in the recording business respect what the business sponsors and software developers in this audience create.
    Note that she doesn't claim that they in the recording business respect artists or their work themselves. Courtney Love's rant on the piracy of the recording industry makes for educational reading. Later Rosen says,
    Are the works of artists valuable? The answer, in my view, is a resounding YES.
    And of course they are. Look at the profits of the major labels. The problem being of course, is that this is monetary value, and further, they are much more valuable to the labels than the artists once the rights have been signed away.

    The language in the speech is emotive, as is to be expected. But the kiddie porn quote is surely beyond the pale,

    The fact that I was invited means that someone out there knows that peer-to-peer technology is getting bad rap. ... The fact that it is also used as a transmitter of child pornography has not gone unnoticed by many federal and law enforcement agencies.
    And the very companies that the RIAA represent publish and promote music with hate-lyrics.

    We also have the old chestnut of referring to illegal copying as theft. Repeatedly. This should be plain enough, but many people seem to have bought the lie. Illegal copying is just that. It may well be damaging to the creators of the material (which is probably wrong) as well as to the distributors (which is not necessarily wrong - people don't have a right to make a profit, remember!). What it is not though, is theft. Let alone piracy. The debate on intellectual property is muddied enough as it is, without resorting to misleading language.

    I think the most poignant quote though is,

    But as long as you're looking for whom piracy really hurts, ask the guitarist in the coffee shop, or the group scratching out a living touring in a beat-up van.
    This is so true. Sadly, it's the piracy of the recording industry - which has, among other things, managed to have artists' work reclassified as work for hire (!) - that is responsible for artists living in poverty while simultaneously having millions of CD sales. The term piracy is much more applicable to this sort of action; what these labels do is not illegal copying, but the wholesale transfer of rights from the artist to themselves using the big stick of exclusive access to mainstream distribution channels.

    If you have an interest in the music industry and not yet read the Salon article linked above, you really ought. It's very educational.

    PS: If you do want to support artists, there is always Fairtunes.

  24. Re:Access to music by kilgore_47 · · Score: 5, Insightful

    Of course, the problem with Napster was that the stuff got too freely distributed, cutting out the whole "pay the artist for thier work" step.

    REAL ARTISTS HAVE DAY JOBS

    --
    ___
    The way to see by faith is to shut the eye of reason. --Ben Franklin
  25. Non-touring older musicians: cry me a river by Weasel+Boy · · Score: 5, Insightful

    Aging musicians who can't tour anymore should do what ditch diggers and automobile assembly workers and engineers and pretty much everone else does: Save up for their retirement during their working years!

    Why should artists (and the corporate scum who exploit them) be the only people who continue to get paid for years and years, for work they did once? If I stopped producing new intellectual creative works (of engineering) today, my gravy train would be cut off tomorrow. No residuals, no speaking engagements, no MTV retrospectives. Why the hell should artists be different?

    1. Re:Non-touring older musicians: cry me a river by Wise+Dragon · · Score: 3, Interesting

      For one main reason: it is not possible to correctly determine the worth of a musical work until those who might pay for it have had a chance to react to it. That's why artists get a percentage of their music sales rather than just a lump sum after their work is completed. I may discover a musical work tomorrow that I think is really nice sounding. The artist should get paid because *I* like it, not because he finished writing it.

      You should also include inventors in your category of people who get paid over a long period of time.

      You signed up for your 'gravy train' when you signed your employment contract. If you want a percentage of the profits from your work, renegotiate your contract. I wouldn't, if I were you. Works of engineering tend to become obsolete quickly, but art does not.

  26. Nice try.. by StikyPad · · Score: 4, Informative

    Unfortunately, just because she's against the RIAA doesn't mean she's in favor of P2P.

    For those that chose not to read the speech in its entirety:

    "I will be the first in line to file a class action suit to protect my copyrights if Napster or even the far more advanced Gnutella doesn't work with us to protect us. I'm on [Metallica drummer] Lars Ulrich's side, in other words, and I feel really badly for him that he doesn't know how to condense his case down to a sound-bite that sounds more reasonable than the one I saw today."

    A wise man once said, "From what I can surmise, the speech dealt both with her love of money and her desire to roll around naked in a pile of money."

    Not that there's anything wrong with wanting to get paid, but let's be clear about where Ms. Love stands.

  27. Re:Rolling around with Bill, or bills, all the sam by Tackhead · · Score: 4, Funny
    > Bill's aim in life seems to be acquiring control, [ ... ] Hillary's strategy with her greed albatross seems to be waving it in people's faces.

    The sick thing is that after only four replies, I'll bet the metamoderators can no longer tell which "Bill and Hilary" we were talking about.

  28. Re:Access to music by Kris_J · · Score: 3, Insightful

    I don't understand why the debate about music on the Internet needs to go beyond MP3.com's original service (not their "My MP3.com" crap with the commerical CDs that ehy got sued for). MP3.com lets artists freely upload their music to be freely downloaded by anyone. Why do we need to bother with the RIAA or any of the artists they "represent" ever again? Just stop buying CDs from your local supermarket, or whatever, and start downloading new music from a couple of interesting categories on MP3.com. How hard is that?

  29. Entertainment Industry by hattig · · Score: 5, Interesting
    In the movie industry, Actors get paid a lot of money, and they have a union, and they go on strike together when things are bad.

    In the music industry, Artists get paid sweet FA, they obviously don't have a union, and they don't go on strike to get a better deal when they are being done over.

    Ao what Artists need to do is form a union, and unite against their employers, the recording industry. If they don't do this, then they don't deserve any more money.

    The fact is, P2P music copying:

    1) Gets music spread around more - increasing the chance of it being purchased legitimately
    2) Doesn't mean that without the P2P the music would have been bought
    3) or that a sale was lost as a result of the P2P download
    4) Sure, some people will download music and not buy CDs as a result. These people are a significant minority who previously recorded their friends' CDs onto tape anyway

    The fact is, the RIAA exist for the artists for several reasons - to provide recording facilities, and to advertise the artist. P2P does the advertising, and thus takes away one of the reasons for artists to use a major record label. The other one is less necessary as computer technology improves to the state where a personal music studio is a few thousand dollars, and can match a professional music studio from a few years ago for features.

    The RIAA really need DVD Audio, with videos to differentiate their products from P2P. P2P is a competitor, and they want this competition legislated out of existence. For example, the Static X song, Black and White (kicks ass) is available on DVD with the (kick ass) video, and other videos of the band. This is worth buying as a reasonable price.

  30. What kind of reception did she get? by Ian+Bicking · · Score: 3, Interesting
    Was anyone here there for the speech? What kind of reception did she get? I fear people's politeness sometimes doesn't let them express their true feelings. But it would have been cool if the whole audience had booed and hissed (personally, I find hissing to be a much more subtle and powerful audience response than booing).

    Maybe it really wouldn't make a difference -- but I don't really think that these high-profile executives are really all that hard-skinned. They revel in the attention. Confronting such a public figure with your distaste for them is an important political statement. And they don't deserve to feel good about themselves.

    And there's something comforting -- as in a passion play -- when a group of people can agree and express their common opinion of who is good and who is bad.

  31. Re:Tim O'Reilly comes through again by RadioheadKid · · Score: 4, Insightful

    Your kidding right? You don't see the point. Mundie and Rosen were picked just for that reason, to show what we're up against. The old, know your opponent...Yeah this guy has no idea what he's doing, O'Reilly GPL'ed the Linux Device Driver book to encourage the development of Linux drivers, that company must be crazy...They're actually trying to help the community..that's unbelievable..

    --
    "Karma can only be portioned out by the cosmos." -Homer Simpson
  32. Re:this just in, Michael Jackson Debuts at No. 1 by Happy+Monkey · · Score: 3, Funny

    Because the RIAA was victorious against Napster! When the P2P products are eliminated, sales will skyrocket! Without the P2P temptation, every human on Earth would buy at least one copy of each album released!

    --
    __
    Do ya feel happy-go-lucky, punk?
  33. Re:Rolling around with Bill, or bills, all the sam by Jburkholder · · Score: 4, Funny

    >Bill's aim in life...
    >Hillary's strategy...

    Are you sure we're talking about the right Bill and Hillary in the context of a 'wad'?

  34. Re:Rolling around with Bill, or bills, all the sam by haruharaharu · · Score: 5, Funny

    Are you sure we're talking about the right Bill and Hillary in the context of a 'wad'?

    I don't think Bill will be shooting a wad at Hillary anytime soon.

    -20 Sick & twisted

    --
    Reboot macht Frei.
  35. before copyrights... by mj6798 · · Score: 5, Funny

    Before copyrights, we got Mozart and Bach. After copyrights, we get Britney Spears and N'Sync. I think the argument that copyrights are necessary in order to create great music are a little thin...

  36. Keep debating ethics... by Fnkmaster · · Score: 4, Interesting
    I'll keep downloading MP3s. Yes, there are reasonable arguments to be made that getting artists rewarded for people listening to their music is a good thing. I would go along with that. The reality is that infinite music ON DEMAND, any song you want can be found, and once found can be played over and over again until you are sick to hell of it is TOO DAMNED GOOD for people to give up.


    So instead of whining about it, the RIAA should play by the rules of capitalism and figure out a way to capitalize on it. The P2P networks are not defeatable in a meaningful way. They will always be ahead of the RIAA, which will hire squadrons of monkeys to track everybody's IP addresses and file complaints with ISPs until stealth P2P comes around, etc.etc.etc.


    This is just stupid. Napster did the RIAA a HUGE service. They showed them where the market is. So open a god-damned for-subscription service where I can share music in the same way I did with Napster. I'd be willing to pay a subscription fee, say 10 dollars a month, plus say 25 to 50 cents per song I download in order to reward artists for making music I like. That's what it's worth to me, and I think a lot of others who like downloading and controlling the music they listen to would feel the same way. It's really no different from radio, except the money is coming from me instead of from advertisers and I have control rather than the station managers.


    If you don't like this business model, come up with another one that's palatable. But don't try to sue us back to the Stone Age or to put the genie back in the bottle. He won't go back in. The internet isn't going away. Deal with it. Furthermore, though two wrongs don't make a right, the reality is that the second wrong here is not screwing anybody out of any money. CD sales have generally been up, and people will still buy CDs especially of lesser known artists to support them.


    I'm sorry, but while in the abstract it may not be "right" for me to download lots of MP3s, it's not "right" for me to pay 15 dollars for a CD with one song I might or might not want, and it's not "right" that 30-40 cents of every CD goes to the artists who make the music, and as I said above, this is a capitalist world and a capitalist society, and if you aren't selling something, somebody else will come up with a way to provide it, and if they can provide it for free, people will take it. And if you try to use the legal system to suppress that, the technology will improve until it's unregulatable - these aren't physical goods, and they can't be thought of as such.

  37. What is her POINT?! by ajs · · Score: 3, Interesting

    You have to look at what she says in context with what the RIAA does. She says she wants to improve access to smaller artists. The RIAA has worked hard to make sure this never happens. But, let me be clear: they're all for access to smaller artists as long as they continue to be able to manufacture "#1" artists at will. They want to keep the cake they have while eating it.

    She also says that the people writing such things as Gnutella don't understand that they have the choice to make money or not on software, but music is just "stolen" (infringed to the rest of us). Of course this ignores the decades of warez precident and the BCA's role. This is a totally hollow argument. We write software. We sell it. We get paid. Some poeple will never be willing to pay. We know. None of that means a damn when Microsoft starts alienating their own customers with tactics like the licensing of XP. Even good, faithful customers look for an out in another product. The RIAA has the same problem.

    She comments that she's excited about the possibilities of P2P. Heh, even in the client-server model of digital music, the RIAA freaked out when artists started putting their own music up for download (members did, that is).

    Bottom line: read my lips, music sharing will happen. Movie sharing will happen. People will continue to share what they believe (rightly or wrongly) to be theirs. What the RIAA should be doing is coming up with a better way to take advantage of that momentum. Create a better mousetrap and the world will beat a path to your door. The corollary to that is that if you just stand around yelling at the manufacturers of poor mousetraps, you eventually get ignored.