Slashdot Mirror


Ebert, Gillmor on the Music Industry

TTop writes "Roger Ebert has weighed in with a scathing critique of the Universal Music Group and its new copy-protection scheme which renders CDs unplayable in non-Windows operating systems, DVD players, and CD-compatible game consoles. It's nice to see the mainstream press start to come out against the idiotic copy-protection war the RIAA is declaring on their best customers, music lovers. Having to agree to a legal contract to hear a CD you've purchased on your own PC? Puh-leeze. Ebert compares these copy-protection schemes to Circuit City's failed DIVX DVD format." Columnist Dan Gillmor wrote a piece a few days ago about drawing a line in the sand.

177 of 514 comments (clear)

  1. Money by El+Pollo+Loco · · Score: 3, Insightful

    While it's nice that more people in the public eye are speaking out against copy protection, it's not bound to help much. Money makes the world go round, as long as the RIAA and MPAA see money "lost" that could be theirs, they're not gonna stop. Well, at least not til the money spent on copy protection > the amount of money lost from sales.

    1. Re:Money by erobertstad · · Score: 2, Insightful

      I agree, but I don't think the RIAA and MPAA are ever going to see that people trading MP3's will make them money (people who trade more MP3s, buy more cds becuase they hear more music), and that keeping people from trading them will equal less money. I allways thought of trading MP3s as kinda like listening to them over the radio, only I get to listen to more then the same 3 songs over and over again.... after you hear it that much I have no drive to go buy the CD. And people like myself, who don't buy CD's becuase of the copy protection and the crap the RIAA and MPAA are doing, only seam to add to the realm of pirates, not protesters.

    2. Re:Money by 4of12 · · Score: 5, Insightful

      Money makes the world go round

      It's that very fact that will shape future events.

      People aren't going to want New Locks and Chains forced down their throats by congressional legislation based on the premise the most of the citizenry are thieves depriving RIAA and MPAA of hard earned dollars.

      Let the marketplace decide without legislation. Let RIAA and MPAA start to release media only in encrypted form that is playable on one device at one time after the wireless connection is made to verify the users valid VISA card number.

      See how many consumers buy those devices and let the market decide.

      I think we all know what would happen if we let the market decide. It's too bad RIAA and MPAA aren't willing to do that.

      It's simple. Let the existing data processing and communication equipment be. If someone uses their equipment to violate a copyright, that's a separate issue; let that violation be prosecuted on its own merits under the law.

      --
      "Provided by the management for your protection."
    3. Re:Money by biggles2k · · Score: 2, Insightful

      While it's nice that more people in the public eye are speaking out against copy protection, it's not bound to help much.

      I disagree with this. Currently, it seems that only a few folk are really aware of what is being threatened. Once the rest of the public realizes that they are being affected by these idiotic measures, then they'll speak up. Especially when they buy a CD that won't work.

      Money makes the world go round, as long as the RIAA and MPAA see money "lost" that could be theirs, they're not gonna stop

      True, but having more folk who know about the scam means that more will be royally pissed about it. Hopefully, this will one day be the majority of customers. And even the MPAA/RIAA/Congressmen know that a majority of pissed off customers generally equates with a loss of money ;)

    4. Re:Money by SkyLeach · · Score: 2

      "Money makes the world go round"

      "...money is the root of all evils..." 1 Timothy 6:10 - KJV.

      :1,$/s/money/root of all evils/g

      "root of all evils makes the world go round"

      FYI: before you flame me I KNOW that is out of context: it's "For the love of money..." but it's still funny. :)

      --
      My $0.02 will always be worth more than your â0.02, so :-p
    5. Re:Money by cloudmaster · · Score: 4, Funny

      Oh, all "they" have to do is call the new tech the "consumer protection act" or "the patriotic music industry saving plan" or some similar crap, then put up some TV ads about how people who don't give up all their fair use rights must hate babies and america. Then, people will be confused and forget all about how "logic" works. No one will bother to ask "who's being protected" or "what do babies have to do with copy protection shemes".

      People are stupid, in general. If the new copy protection tech isn't *way* more expensive than the old stuff, people will just give in and buy it, because they saw a commercial with some copy-protected player and a bunch of bikini-clad women. :)

      Not that I'm bitter...

    6. Re:Money by Amazing+Quantum+Man · · Score: 2

      Let the marketplace decide without legislation. Let RIAA and MPAA start to release media only in encrypted form that is playable on one device at one time after the wireless connection is made to verify the users valid VISA card number.

      See how many consumers buy those devices and let the market decide


      They did. It was called DivX. It failed. Therefore, this time they are buying legislation to make sure that we *have* to buy it.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    7. Re:Money by Tackhead · · Score: 4, Funny
      > I agree, but I don't think the RIAA and MPAA are ever going to see that people trading MP3's will make them money (people who trade more MP3s, buy more cds becuase they hear more music), and that keeping people from trading them will equal less money.

      As I wrote earlier today, I discovered three new bands this week alone through the magic of downloading MP3s from bands I'd never heard of.

      What's good for musicians and bad for RIAA - one of those bands will be seeing some money the next time I'm in their area. They appear to perform frequently, and I'll check 'em out live.

      What RIAA fears most - two of those bands are now defunct. The only way I could buy their stuff is to buy at a used record store - in which case neither the artist nor RIAA see any money.

      RIAA are the puritans of our age: A cartel of people desperately afraid that someone, somewhere, might be enjoying music without regard for whether it's a "hit".

    8. Re:Money by Dirtside · · Score: 4, Funny
      Money makes the world go round
      No, angular momentum makes the world go round!
      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    9. Re:Money by Pig+Hogger · · Score: 2
      Money makes the world go round
      No, angular momentum makes the world go round!
      Indeed; the world (heck, the universe!) was going round fine zillions of years before money was invented...
    10. Re:Money by Tackhead · · Score: 2
      > What about going to like cdnow.com to buy the cd's for those bands? Normaly they have cd's that you can't find in many stores.

      Well, yeah, but I was talking about how to prevent money from going to RIAA, too, so to be consistent, I couldn't use "buy from cdnow.com" in that post. I think they had a Dorsetshire CD was available as a German import for $28ish, and I suppose as an import, RIAA wouldn't be seeing much of that $28. ;-)

      But ideally, I'd just go to the band's website, find an address, and buy the CD direct from them. One interesting example of this was the late-80s sample/synth/electro-rock band Sigue Sigue Sputnik. After being dropped from EMI, they vanished for about 5 years, and as far as I can tell from their "history" pages, it looks like they saw they still had interested fans, so they re-recorded their old stuff and released it themselves.

      (Side note: Thanx to the AC who pointed me to gemm.com as a link to other music resellers. Far out!)

  2. ok, 4 hours later and the MPAA/RIAA is bad by nihilist_1137 · · Score: 4, Insightful

    :P.

    But seriously, pirates hurt software companies just as bad, if not worse than the music industry. Why doesnt the RIAA, MPAA..etc recongonize this? Its not as if Adobe is giving away Photoshop. They only difference is that software companies have adapted to this changed their business model to surive.

    1. Re:ok, 4 hours later and the MPAA/RIAA is bad by moldar · · Score: 3, Insightful

      Well, one of the problems that people have is the way that the MPAA and RIAA are *adapting* their business models. Squelching fair-use rights and alienating legitimate customers is not a good direction to go. I agree that they need to do something, but this direction just reeks of problems.

    2. Re:ok, 4 hours later and the MPAA/RIAA is bad by DA_MAN_DA_MYTH · · Score: 2

      You bring up an interesting point. This is taken straight of the RIAA website.

      Mission Statment
      The Recording Industry Association of America is the trade group that represents the U.S. recording industry. Our mission is to foster a business and legal climate that supports and promotes our members' creative and financial vitality. Our members are the record companies that comprise the most vibrant national music industry in the world. RIAA® members create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the United States.

      In support of our mission, we work to protect intellectual property rights worldwide and the First Amendment rights of artists; conduct consumer, industry and technical research; and monitor and review - - state and federal laws, regulations and policies.


      Now what I don't understand, what business model? Sounds to me they are no better than a two-bit hoods that roams the streets of Little Italy demanding little shops that they need to pay them for insurance or 'protection'. Why would you have to change that business model?

      To quote Godfather III -- 'Real power cannot be given, it must be taken away'

      The only way that these types of bills and tactics are stopped is only if we abolish these groups... Artists will never stop making music, even if they don't get paid 5 mill a year, so really who is the RIAA and MPAA really protecting other than themselves?

      --
      "It takes many nails to build a crib, but one screw to fill it."
    3. Re:ok, 4 hours later and the MPAA/RIAA is bad by donutello · · Score: 2

      But seriously, pirates hurt software companies just as bad, if not worse than the music industry

      Hmm.. interesting point. So how long before the software industry starts asking for a fee to be imposed on all blank media purchases to offset their losses due to piracy?

      --
      Mmmm.. Donuts
    4. Re:ok, 4 hours later and the MPAA/RIAA is bad by sam_handelman · · Score: 2

      I don't disagree with you philosophically, but just b/c artists will keep making music if they make less money does NOT mean that protecting the artist's cash flow is not a form of protecting the artists. Personally, I don't think copyright law serves to protect the finances of most artists.

      The reason that the MPAA/RIAA wants to crush filesharing is NOT b/c it will undercut CD sales - it will undercut CD *prices*. The existence of filesharing prevents the MPAA/RIAA from exponentially increasing the prices of CDs, like they do in Japan. As filesharing (or whatever content on demand you care to name) becomes easier, it will, sooner or later, have a downward pressure on content prices.

      Personally, I think the MPAA/RIAA is a racket, and that p2p is a legitimate means of tilting the economics back in our (consumers) favor.

      Also, never forget that the MPAA/RIAA also hates/fears the legitimate uses of p2p, which Ebert was insightful enough to mention in his last column (also on slashdot.)

      --
      The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
    5. Re:ok, 4 hours later and the MPAA/RIAA is bad by AftanGustur · · Score: 2


      Well, one of the problems that people have is the way that the MPAA and RIAA are *adapting* their business models.

      I doubt that MPAA and RIAA even *have* a good business model. They are in a monopoly position and as such don't have to model anything.

      It doesn't matter what they do, there is no risk of lost business to the competitors because there are none.

      Anyone who has taken an introductiory course in economics will understand the scam.

      --
      echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
  3. Conclusion by phyxeld · · Score: 4, Funny

    I like how he finishes the piece:

    ...it would be the easiest thing in the world to buy a disc, rip it to your computer through your stereo, post it on the Web, and then return the CD for a refund. Did I just say that?

    --
    __
    Choose mnemonic identifiers. If you can't remember what mnemonic means, you've got a problem. - Larry Wall
    1. Re:Conclusion by svferris · · Score: 5, Interesting

      I know quite a few people who are going out of their way to buy copy-protected CDs, then turning around and returning them to the store, complaining that they wouldn't play on their CD player/Computer/whatever.

      One guy was up to like 10 or more.

    2. Re:Conclusion by HamNRye · · Score: 3, Funny

      Keep returning the same one. Play ignorant and just "It wouldn't play." They give you another copy, "It woulodn't play" you can go through your local Tower's stock before they notice.

      Ho Hum.

      ~Hammy

    3. Re:Conclusion by dattaway · · Score: 2

      The problem is that they print out these CD packages like money. They perhaps cost them 25 cents to shrink wrap the whole creation and ship them in from some foriegn sweat shop. You will need to return 50 cd's to start costing them money. Most of the losses will be the burden on the retailer. The distributor will most likely count the returns and chuck them, honoring them with fresh copies. Its racketering at its finest.

    4. Re:Conclusion by quintessent · · Score: 2

      Most of the losses will be the burden on the retailer

      However, the retailers are smart and will do one of two things:

      1) Stop giving refunds.
      2) Stop accepting broken CDs from the manufacturer.

  4. Boycott or "Piracy"? by VValdo · · Score: 5, Insightful
    I've bought my last CD from any major label or independent label that puts copy protection on any of its music....I'm not a thief. I'm a customer. When you treat me like a thief, I won't be your customer.

    Me too.

    But realize this-- the RIAA's spin will claim that any falloff in revenue is due to piracy, not a boycott-- hence their need for the copy protection.

    W

    --
    -------------------
    This is my SIG. There are many like it, but this one is mine.
    1. Re:Boycott or "Piracy"? by chancycat · · Score: 2
      But realize this-- the RIAA's spin will claim that any falloff in revenue is due to piracy, not a boycott-- hence their need for the copy protection.


      Then let them. If the winds of change blow true, perhaps the financial losses will pile up and we can see a true revolution in the music industry.


      I dream. I wish. I will not buy more CDs.

      --
      Evan - needs to hit preview before submitting
    2. Re:Boycott or "Piracy"? by jgerman · · Score: 3, Interesting

      This is not a flame and no offense intended but I'm getting more than a little sick of seeing people spouting that non-sense sentiment. What are we supposed to do, keep buying cd's because either way they'll put a spin on it. Fuck them, of course they're going to try and put a spin on it. If they could they'd pass laws requiring every US citizen to buy a certain number of cd's a year. That way they'd be sure of their prifits even with "rampant piracy". The solution is still the same. Don't buy them. Speak out against them and let them drive themselves out of business.

      --
      I'm the big fish in the big pond bitch.
    3. Re:Boycott or "Piracy"? by ScoLgo · · Score: 2

      Perhaps you should consider changing that statement to 'I will not buy more new CDs'?

      As I understand it, if you buy a used CD, the right of first ownership applies and no money goes to the people you're boycotting. You still get to listen to something besides that old Yanni or Deep Purple that you're stuck with, but you don't support the status quo.

      --
      "Michael, I did nothing. I did absolutely nothing - and it was everything that I thought it could be."
  5. Come to Canada! by xtal · · Score: 4, Interesting

    If you really want to spite the RIAA, involve yourself in open piracy for no profit. Send the artists money directly or go see them in concert (which they get a larger take from, anyhow). That's what I do, personally. Look at free alternatives like Emusic.com - but don't give them another penny.

    Canadian law says that the RIAA give up the right to procecute you for piracy done for personal use by your own hand. Make full use of that. The current levy hike they propose is insane, but since the government has decided to transistion music into a public good, you're stupid not to take advantage of it. I know I'll be trumpeting this little factoid at the top of my lungs to anyone who will listen if the price of an iPod goes up by over $100 or $150 because of this!

    However, maybe this will give emusic.com and others the ability to break the RIAA stranglehold on music. That's what they're really afraid of.

    And for those of you interested in a cool slashdot article, how about someone with a little money and time go out and get one of these copy protected CDs. Then do an analog sample with a nice quality headphone adapter cable into a reasonably standard sound card and then do some comparisons online (although, I'm not even sure if you could put samples up as fair use anymore!). Show them the futility of this first hand.

    What, are ADC chips going to get banned next?

    --
    ..don't panic
    1. Re:Come to Canada! by sulli · · Score: 2

      sorry, emusic is owned by ..... Vivendi Universal. Oh well!

      --

      sulli
      RTFJ.
    2. Re:Come to Canada! by greenfly · · Score: 2

      Then again, if you come to canada then you end up paying the RIAA for all of the CDRs you purchase, so maybe there's another country to move to?

    3. Re:Come to Canada! by BeBoxer · · Score: 2

      how about someone with a little money and time go out and get one of these copy protected CDs. Then do an analog sample with a nice quality headphone adapter cable into a reasonably standard sound card and then do some comparisons online (although, I'm not even sure if you could put samples up as fair use anymore!). Show them the futility of this first hand.

      Why bother going thru all that trouble? I just used cdparanoia on my copy of More Fast And Furious. The errors were detected and corrected. The tracks all sound just fine. Well, except for the fact it's crappy music. That's the ultimate stupidity in all this: it doesn't even work! That and I was able to return the CD for a full refund.

    4. Re:Come to Canada! by AntiNorm · · Score: 2

      What, are ADC chips going to get banned next?

      They will be if they don't have copy protection built in.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    5. Re:Come to Canada! by Refrag · · Score: 2

      The reason RIAA gave upi their rights to prosecution on grounds of piracy is because you Canadians pay taxes to the RIAA on every piece of blank media you purchase. This will soon extend to devices like MP3 players.

      --
      I have a website. It's about Macs.
    6. Re:Come to Canada! by xtal · · Score: 2

      That's the point. Since the government wants music to be a public good (taxed), then treat it like a public good.

      Steve

      --
      ..don't panic
    7. Re:Come to Canada! by Refrag · · Score: 2

      I think you're missing out on the fact that not all blank media is used to pirate RIAA titles. Therefore, a healthy percentage of the taxes are pure profit for the RIAA.

      --
      I have a website. It's about Macs.
  6. Is it labeled a Compact Disc? by TheMatt · · Score: 5, Insightful

    Just wondering since Philips did complain that this sort of copy protection that fails to work on some systems violates Red Book. Thus, can these discs carry the Compact Disc logo?

    --

    Fortran programmer...oh yeah. Array math for life!

    1. Re:Is it labeled a Compact Disc? by edwdig · · Score: 4, Interesting

      The logo doesn't really matter. Most CDs I've bought in the past few years only contain the logo on the inside. It's especially common on CDs where the artist made an effort to make good album art - they rarely put logos like that over the artwork, so its in some inconspicuous place inside the case. Which means you won't know if it has the logo or not until you've already bought the CD.

    2. Re:Is it labeled a Compact Disc? by TheMatt · · Score: 2

      Actually, I'm betting they have the logo only on the black tray inside the package. CD-Rs carry the "Compact Disc Recordable" logo. But, I think every manufacturer uses the black trays with the CDDA logo. Must be made in the quadzillions so they figure no harm on inside packaging.

      --

      Fortran programmer...oh yeah. Array math for life!

  7. It's weird by TheGreenLantern · · Score: 5, Interesting

    I used to think Ebert was some pompous windbag, who wouldn't know a good movie it it slapped him in the face. But the older he gets, and the more I read stuff he's written, the more I come to realize he's a guy who really "gets it".

    --

    It hurts when I pee.
    1. Re:It's weird by SquadBoy · · Score: 2, Interesting

      Yes this (http://www.suntimes.com/ebert/ebert_reviews/2000/ 02/021805.html) is just one of many reviews that prove that he does in fact "get it". And he is an *old* school sf fan. I rember reading somewhere that he started out doing a sf fanzine. All in all he is pretty cool.

      --

      Cypherpunks: Civil Liberty Through Complex Mathematics. Those who live by the sword die by the arrow.
    2. Re:It's weird by GeorgeH · · Score: 2

      You, uh, do realize that he can still be a pompous windbag who wouldn't know a good movie if it slapped him in the face, and still "get it" when it comes to (IMHO) fairly obvious intellectual property issues, right?

      It's not like because Paul Vixie wrote cron I should trust his judgement in movies. Then again, I tend to agree with Ebert more than Roeper, so what do I know?

      --
      Why can't I moderate something "Wrong" or at least "Grossly Misinformed"?
    3. Re:It's weird by John+Marshall · · Score: 5, Funny
      I used to think Ebert was some pompous windbag, who wouldn't know a good movie it it slapped him in the face. But the older he gets, and the more I read stuff he's written, the more I come to realize he's a guy who really "gets it".

      Methinks you meant to write "the older I get" :-)

    4. Re:It's weird by geekoid · · Score: 2

      that link is not any good. What movie is it so I can search via titla criteria?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:It's weird by gmhowell · · Score: 3, Informative

      /. garbage filler at work. Either delete the extra spa ces, or:

      click here.

      It's called Pitch Black.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    6. Re:It's weird by Van+Halen · · Score: 3
      Yep, same here. Lately Ebert's movie reviews have been the ones that I put the most stock in - not just the thumbs up or thumbs down on the TV show, but his written reviews on the Sun Times site. Even if I disagree with him in the overall good/bad assessment of a movie, I can generally tell if I will by reading what he has to say. Sometimes he'll like something particular about a movie that I know I wouldn't anyway, but I understand why he likes it. Much better than the typical "Fantastic! Thrill ride of a lifetime!! Don't miss this movie!!!"

      I read his other articles on the linked site yesterday and kept telling myself, "Man, he's pretty smart. He really does get it!" We need more people like Roger Ebert in the media.

    7. Re:It's weird by awol · · Score: 2

      A bit of research on Ebert will reveal some remarkable things. His "old friend" Russ Meyer, is in fact so old that Ebert wrote "Beyond the Valley of the Dolls" and with a nom de plume wrote "Up!" and "Beneath the Valley of the Ultravixens". I seem to recall another collaberation but cannot be sure. I find his reviews reliable, not that I agree, but that what he has to say helps me picka film to see (or not).

      --
      "The first thing to do when you find yourself in a hole is stop digging."
  8. However by wiredog · · Score: 5, Informative
    If enough people boycott their products, then it won't matter what they claim. They either recognize the boycott, or go out of business.

    For that to happen, the 12 year old girls will have to be convinced of the importance of the boycott, so that they will stop buying CDs by BoyBandOfTheWeek and J'Britney.

    Maybe we could find a way to make buying CDs uncool.

    1. Re:However by Rimbo · · Score: 2

      Maybe we could find a way to make buying CDs uncool.

      You're as behind the times as the RIAA is, bro. It already is more cool for 12 year olds to rip MP3's than it is to buy CD's.

      That's why the RIAA is so terrified: They don't understand the technology, and so all they know how to do is to banish it.

      But if they banish it, they'll only drive it further underground.

      I imagine that the RIAA/MPAA's "war on piracy" will be slightly less successful than, say, the "war on drugs." Hmmm, let's see, yes, I can still get any drugs I want to as easily as I can go buy good tomatoes at the grocery store. Yup.

    2. Re:However by Restil · · Score: 4, Insightful

      Hmmm, let's see, yes, I can still get any drugs I want to as easily as I can go buy good tomatoes at the grocery store.

      Perhaps, but if you're pulled over, I'd rather have 100 CDR's full of pirated mp3's on the seat next to me than any amount of illegal drugs. I'd imagine that I could tell the police officer that those cdr's are illegal rips of music downloaded off the internet and assuming he isn't confused by the notion, he'd probably strike up a conversation about it, including his own music sharing habits.

      -Restil

      --
      Play with my webcams and lights here
    3. Re:However by tswinzig · · Score: 3, Funny

      Maybe we could find a way to make buying CDs uncool.

      OK, what if we make it 'cool' to download music for free off the internet.

      Oh wait...

      --

      "And like that ... he's gone."
    4. Re:However by dieMSdie · · Score: 2

      There is a solution to this too...

      For instance, my 11-year-old niece is a Britney/Nsync fan. (hey, she's 11!). Instead of buying her the CD's she wanted at Christmas, I fixed her up with an internet connection and pointed her to Morpheus. She will never buy those cds now. That is a few dollars less that Hitlary Rosen can spend buying Congresscritters.

      We all need to do the same. Don't buy CDs! Every dollar you spend goes to buy more hideous laws. With less cash coming in, and with Artists waking up and realizing they don't NEED the RIAA, I predict a slow and painful death for these parasites.

      One last thing: Don Henley et. al. staged those anti-RIAA concerts the night of the Grammys. Do you think this could have ever happened 10 years ago? No. Some artists already see the writing on the wall :)

      --
      Don't throw your computer out the window, throw the Windows out of your computer!
    5. Re:However by dattaway · · Score: 2

      I feel that is an attitude consumers need to buy into! Let us start rewarding artists for touring the world and performing, rather than packaging canned music.

      Entertainment simply is best when performed lived, personal, and to the audience. That is an experience worth paying for compared to the detatched mode of retailing where the goal is maximum profits.

      Concerts are celebrations of social gatherings. Support them, bring your friends, hear the music, and rejoice.

  9. interesting.. by geekoid · · Score: 2

    "And wisely so, since it would be the easiest thing in the world to buy a disc, rip it to your computer through your stereo, post it on the Web, and then return the CD for a refund. Did I just say that?"
    OK, my opinion of this guy has changed. I hate his movie reviews, but his writing style is pretty damn good, and he's got a sense of humor.
    I think I'll see what else this guy has written.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  10. The answer is staring people in the face by crosbie · · Score: 5, Insightful

    Physical Commodities - Exchange or Access

    What is the fundamental basis on which we deal with the customer?

    Exchange (This bottle of water, this service, this information, etc.)

    Access (Attend this conference, hire this car, use this road, etc.)

    One's a single-shot deal (mostly): say hello, exchange goods/money, say goodbye.

    The other's a deal that lasts for a certain period. In the case of this conference, three days.

    In both cases the physicality of the commodity wholly represents the product and the work that went into producing it. The property is clear, the deal is clear.

    Non-Physical Commodities? (Digital Content)

    An oxymoron surely?

    Let's see. Here's some digital content I'd like to make available for you to download (in only twelve bytes of ASCII) - Write the following down on a piece of paper: "A, D, A, M, space, H, A, D, space, apostrophe, E, M". Thus: "Adam Had 'em."

    Incidentally, I'm not the copyright holder of this work, Ogden Nash is. So all of you who've made digital copies by writing it down have just become criminals by copying the work in its entirety.

    It's called 'Fleas', also known as the shortest poem in the world, and thus highly valuable. I understand that printed copies of this poem currently retail for up to £5,000 and that consequently the punitive damages for illicit copying may be quite substantial.

    If literary works of art were this easy to copy a few hundred years ago, no-one would have invented copyright, let alone convinced themselves that digital content was a commodity.

    Copying Physical Commodities is not inherently profitable, so it doesn't need to be controlled

    There's nothing wrong with copying physical commodities, because in general the copies are just as much work to produce as the originals.

    This is except for novel, patentable devices which enjoy a dispensation to retain a legal monopoly on production for a certain period (to enable the development costs to be recouped). This is to foster economic and technological progress, not to create a human right.

    If a non-physical commodity doesn't represent the labour that went into it, then either we assign a right to copy it, or we stop treating it like a commodity. If the latter, then the original work represents the work.

    Art is slightly different to a commodity, it's an idea given form

    Art, whether written, pictorial, or sculpted is a little different though.

    Once upon a time (and today if you've got the money) you could commission art, or you could buy art from artists who'd produced it for sale.

    Then, forging art didn't so much hurt the artist as hurt the purchaser. Overt copying was fine, it enabled the art to be enjoyed by more people, e.g. the Bible.

    In the case of popular but painstakingly original art the economics were difficult, i.e. it's difficult for an artist or author say, to communicate en masse to their potential readership and encourage them to club together in funding a new work (unlike royalty, aristocrats, etc.). So with the advent of the performance of plays and the printing of books designed for a larger audience, we see in retrospect a new revenue mechanism arise: price each performance or copy as though it were a share in funding the original work. This also requires some ability to prevent anyone else producing copies.

    Copyright is Artificial, not 'self-evident'

    So we see that copyright is also not a human right, it's just another expedient mechanism to enable the copy to act as the share certificate. You bought a book? You're a paid up shareholder.

    The thing is though, copyright's a magic purse. It need never stop bringing in revenue (well beyond the original development costs). And in some fortunate cases, for particularly popular art, a few artists and much of the publishing industry can enjoy great wealth.

    It's a brave government that would recall all these magic purses from the rich, powerful and popular. However, there is one organization more powerful than both combined.

    Widespread Copying is Endemic

    What happens, when there are half a billion people online (out of a planet of 6 billion), each of whom can make a copy of any art they fancy in a moment's thought?

    We're talking on a scale of mankind. If people, globally, en masse, copy art, it's possible that it's not really wrong. Rather it's that the law, created to enable a revenue mechanism that requires exclusive copy privileges, is now ineffective, irrelevant and redundant. You cannot prosecute the world. It's the revenue mechanisms that must adapt or die.

    Loss of Physical Media

    We've lost the physical media upon which art was distributed. This served to reinforce general acceptance of the underlying revenue mechanism in people's minds. However, online, the Emperor is now wearing the finest of sheer silks (fully naked if you ask me). There's no scrap of clothing, no wodge of paper, magnetic tape, plastic box, not even an acrylic disc. It's now just a memory. The only thing that reminds us we've paid our share for the pure information that now comprises art, is the click of the I Agree button on the license page.

    So what's the answer?

    Don't sell the horse after you've let it out of the stable. Or in other words, don't release the digital content and then try to sell it (relying on copyright). You can't sue 5 billion people. Nor can you place a compensating levy on computers (madness!).

    And of course the classic: don't try to lock the stable door after the horse has bolted. Here, I'm obviously talking of encryption and digital rights management. If the art can get into people's eyes or ears, it can be copied by a computer. Encryption is fine for keeping things exclusive when the parties concerned wish to. If you're communicating with someone who doesn't care for exclusivity, encryption won't really work, it just hinders.

    Deal En Masse

    So what should we do?

    Sell the horse before you let it out of the stable. Go back a few hundred years and pick up the old revenue mechanisms that weren't quite so good, because it was difficult to do deals en masse.

    And this is because something has changed. For the same reason that copyright is becoming ineffectual, so the public commissioning revenue mechanisms are now becoming feasible.

    The biggest mental block facing business today, both online and even with interactive TV companies, is to be unable to think of dealing with the market except as a collection of individuals.

    The only deal we're particularly familiar with en masse is voting, e.g. democracy, etc. We dabble with this in TV shows, even with online polls, but that's about it.

    Who has dared to let people vote with their money? In the same transaction?

    The new value chain

    Bypass the agents, the publishers, the marketers, the advertisers, the distributors, the retailers, the packagers, etc. The new value chain is the artist and the audience. We're right back at the craftsman and the customer. Except this time, there's nothing stopping the artist doing a deal with a million people at once. Though no one's thought to create the necessary de facto e-commerce web site for such a deal. Still too busy selling to punters one by one...

    The Emperor is Naked

    Of course, it's very difficult to believe an emperor could possibly be naked.

    If you're selling digital art, digital content, digital whatever, reserve a tiny piece of your long term strategy for the inconceivably possibility that King Canute's bottomless purse of copyright will be overrun by a tide of countless tiny infractions.

    Even so, the end of copyright is not the end of commercial viability for digital content, it's the end of a particular revenue mechanism.

    Consider Revenue Mechanisms that don't need Copyright

    Your audience is your market - deal with it!

    Check out this site for more info:

    The Digital Art Auction

    1. Re:The answer is staring people in the face by Mournblade · · Score: 3, Interesting

      And the model presented (in such a long winded way) is even proven to work! The band marillion has used the method described by crosbie to fund a tour and at least one new album. See this article for more details. I realize they're an exception for now, but couldn't more bands use this method to achieve success and bypass the RIAA?

    2. Re:The answer is staring people in the face by Swaffs · · Score: 2

      Boy this sure sounds interesting. But am I the only one who needs an english translation? I read it all, but I still don't see how you would go about selling a piece of art to everyone at once. That part went way over my head.

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

    3. Re:The answer is staring people in the face by The+Cat · · Score: 3, Interesting

      Brilliant, but one observation:

      The biggest mental block facing business today, both online and even with interactive TV companies, is to be unable to think of dealing with the market except as a collection of individuals.

      I think this can also be read backwards. Business' mental block is also being unable to deal with people as individuals first. They still cling to the myth of the "mass market" when there is no such thing. Laundry detergent is a mass market product. Everything else is a niche.

      The Cluetrain has this concept down cold: craftsmanship will return to the marketplace, and the customers will come to expect it, because craftsmanship is more valuable in the long run than mass produced generic brands, especially for creative products like art and books and software.

      So instead of a handful of huge corporations building things on an assembly line (which worked REAL WELL with software lemme tell ya... *gag*), there will be a thousand tiny shops each serving a tiny but growing market and making the economy a thousand times more valuable.

      For those businesses that are still chasing the elusive, non-existent "next big thing:" hear that sound? It's the customers you are ignoring knocking on the door and wondering why nobody answers, and then leaving for a much smaller competitor who *does* answer the phone, and on the first ring even.

    4. Re:The answer is staring people in the face by The+Cat · · Score: 2

      But, it may well be that big business is a dinosaur. Simply too big, and a brain too tiny to understand its own doom.

      Great analogy, and quite accurate. lol.

      I think you're right, we are going to see the rise of crafstmen (and small companies of them) dealing directly with their customers, and in the case of digital art, dealing en masse.

      From the book (and memory):

      "Big companies usually look over the trees at each other, considering only other giants such as themselves as worthy competition, but if they look down at their feet, they would see thousands of tiny ants gnawing away at their foundations. These small companies are willing to do battle for even a tiny fraction of the market. One company taking 0.01% of the market doesn't matter much, but 10,000 companies doing that will take it all."

      (apologies if it was mis-paraphrased)

      This is very important to big business. They do not know how to communicate with *anyone* anymore. Ever try to call a big company and have them respond meaningfully to anything except an offer to buy something (and rarely even then)? 99% of the time, it's voice-mail. The other 1% it's someone who hasn't the foggiest clue what they are doing.

      Doing any kind of business with a big company is a mess, and this is the 21st century! High-tech communication! Computers! Efficiency! Less work is being done more expensively because big companies cannot get out of their own way.

      Meanwhile, the cash register at the tiny little craft shop rings again...

    5. Re:The answer is staring people in the face by awol · · Score: 2

      One of the "necessary" elements of private property is the ability to demonstrate loss when another uses it. I am not suggesting that this is a "sufficent" test for the existence of property but it is necessary. This loss results from the ability to "exclude" the rightful owner from the enjoyment of their property. Exlcusion. If one takes a copy of something, one does not exclude the one from whom a copy is taken from the ability to enjoy their thing. If this is the case, then what is being enjoyed _is not property_ (my contention).

      Your problem is not with copyright per se, but with the assigning of property to the output of intellect (you identify Digital Content but that is just one instance). You are right. It is problematic, but _because_ of the existence of property rights in the output of intellect (ie intellectual property or IP), not because of the vehicle through which that right is delivered, copyright.

      It is IP that is bunk, it is a horrible mistake of history from which we are only now starting to endure the pain. I laud the RIAA, MPAA or other "copyright holders" doing everything they can to pursue their rights. They are only serving to accelerate the disintegration of IP because eventually their customers will cut them out of the equation and go directly to source.

      You see, the only true value in authorship (a deliberately neutral term) is in the creation of repute. One (person or company) who generates repute by good work will be funded (even speculatively) by the consumers of the material that they may produce in future. This is the way Beehoven made a living. He was patronised by the "consumers" of the day. He also made money fromspecific performance (well if not him then certainly other musicians). Hmm, performance. Yep that's right. $60 for Madonna in concert is fine but even $1 more than the economic cost of a recording is too much. It is a misallocation of resources. It is paying for something that has already been paid for. This is (technically) inneficient and, without the intervention of a legal fiction (IP), would be impossible to maintain. Property on the other hand can be maintained without recourse to the law. We only need the law to try and ensure that the protection of property does not lead to unacceptable social costs (the state of nature of which Hobbes speaks).

      --
      "The first thing to do when you find yourself in a hole is stop digging."
  11. They are not "stealing" by 3141 · · Score: 2, Insightful

    A good article, even if it ends a bit abrubtly. I must disagree with one of his points, however. He says:

    Technically they are stealing,

    I must disagree with this. They are not stealing, since no-one is deprived of anything. By his own argument, the record companies are not being deprived of sales, and unlike true theft, there is no loss of material possessions. No-one's lost money, no-one's lost a shiny disc with digital data encoded on it, no-one's been stolen from.

    1. Re:They are not "stealing" by wompychomp · · Score: 3, Insightful

      So by your own logic I could copy any number of, say, other people's writing and use it for my homework or take a picture of some famous painting and post it all over. In both cases the original is left intact. Stealing is not just depriving someone of their original work. It is using it without their permission that is the issue.

    2. Re:They are not "stealing" by 3141 · · Score: 2, Insightful

      I am not saying that they could do that - I did not say where I stood on the morality of the issue. I am merely saying that it would not be stealing. Just like if you murdered someone, it would not be morally acceptable, but it would also not be "stealing".

      Copyright infringement is a more appropriate term. "Piracy" is not appropriate. That's the practice of attacking and robbing ships at sea.

    3. Re:They are not "stealing" by Dr.+Evil · · Score: 3, Insightful

      No, if you're presenting somebody else's work as your own, then you are causing harm. If posting the picture all over the place shows that the value of the original is impacted, then you're disagreeing with the article.

    4. Re:They are not "stealing" by gilroy · · Score: 2
      Blockquoth the poster:

      So by your own logic I could copy any number of, say, other people's writing and use it for my homework...

      um, no. That would be "plagarism" and, most likely, "cheating", but it wouldn't be "stealing"

      ...or take a picture of some famous painting and post it all over.

      um, still not stealing. It's certainly an infringement of copyright.

      In both cases the original is left intact.

      Which is why it is copy right infringement. Copyright is, logically enough, the right to make copies. If someone makes an illegitimate copy, they certainly infringe on your (state-sanctioned exclusive) right to make copies of the work. Hmmm, that must be why it's "copyright infringement"... but it's not stealing.

      It is using it without their permission that is the issue.

      Well, actually, this is just one of the issues. Another is the attempt to move content toward a pay-per-use model. Another is the attempt to maintain a chokehold on distribution. Another is a bid for massive control over what we see, hear, speak, think. There are in fact many issues.


      Illegitimate copying is most certainly one of them. And it is most certainly not stealing.


      You'd think that, with the value of content and all, they'd have a law that makes it illegal to deprive someone of legitimate income by illegitimately copying their work. You'd think that such behavior would be a crime. Oh, wait. There is such a crime. It's called "copyright infringement" and it is NOT theft!.


      Stop letting the content cartel dictate the terms in order to make you think this is something other, something more heinous, than what it is.

    5. Re:They are not "stealing" by gorilla · · Score: 2

      Who is stealing when someone copies The Mona Lisa? The same act cannot logically be different depending on exactly when the original work was created.

  12. Walt Mossberg did the same thing by svferris · · Score: 5, Informative

    A couple of weeks ago, Walt Mossberg of the Wall Street Journal did the same thing in his article, "Digital Consumer Takes Up the Fight Against Copyright Plans in Congress".

    In the article, he proposes a whole new digital copyright law that gives the user back their priveleges to make copies of the content they have legally obtained.

    He proposed the following rights:

    - The right to "time-shift" audio or video content; that is, to record it for later playback.

    - The right to "space-shift" music or videos; that is, to copy material to blank CDs, multiple PCs, or portable players in different locations.

    - The right to make backup copies.

    - The right to use the content on any platform they choose: a Windows PC, a Macintosh, a DVD player, whatever.

    - The right to translate content into different formats.

    I think this, along with Roger Ebert's comments should hopefully catch the eye of Congress and the RIAA and actually get something done. Kudos to the two of them for realizing that our rights are being infringed upon.

  13. Ebert, but what about the bands? by PhoenxHwk · · Score: 2, Interesting

    You see, it's all great that Ebert came out to say something like this, but let's face it: he's not risking much. And the reason that he's not risking anything is because he's not directly involved.

    What we really need are more BANDS (you know, the people that make the music) to stand up and speak for us. All it will take is for a few of them to say "wtf?! People are ripping them off because they don't want to pay $16 for a CD. Let's drop the costs, pass on more to the band, and give up on the protection." Then I'm sure we'd see more people buying more CDs and everyone could be happy. Besides, the greedy RIAA, of course.

    1. Re:Ebert, but what about the bands? by Graymalkin · · Score: 3, Informative

      They can't. The bands have no say in how their music is sold, they gave up the rights to it. Without some sort of publishing infrastructure for their music they can't possibly make a living making music which means they lead the life of the bar band. There are bands who've come forward and said they didn't like how the RIAA was treating fans/consumers or the bands themselves. These bands of course have made their money and are popular enough to pick up a contract with any publisher if their current publisher decided to drop them because of their statements. Most bands' goal in life is to get signed and be able to make music professionally, telling the companies that allow them to do this to fuck off is not condusive to that career aspiration. You've also got a factual falacy stating bands are being ripped off by people not buying a 16$ CD. You'd do much more to support a band if you went and saw them in concert rather than bought their CD. They make a larger percentage off performances than they do off of albums they sell.

      --
      I'm a loner Dottie, a Rebel.
    2. Re:Ebert, but what about the bands? by jgerman · · Score: 2
      And that's just a reflection of the low character of the majority of bands. There are people in the music industry who have come out and told the RIAA to fuck off. Courtney Love, for one, I don't care for her music but I'll support her moral character (ironic isn't it given the public perception of her). Just recently there was a concert in CA for artists rights played by, among others, Social Distortion. I have to say it made me feel even better about my favorite band that they were helping artists to stand up for themselves.


      And let's face it, the majority of bands aren't in it becasue of art, they're in it to make money. Because somewhere along the line the public made musicians superstars, so you get hoards of people trying to "make it" as a band because they see it as a way to get rich.

      --
      I'm the big fish in the big pond bitch.
  14. Doh! by xtal · · Score: 2

    Hahaha, oh well. :) If you can't win and can only lose, don't play, I guess!

    Steve

    --
    ..don't panic
  15. Good reading by W2k · · Score: 2

    He's right, as usual, and the column was an interesting read, although sadly, I think what Ebert has to say is little news to the average Slashdot reader. He talks about the failure of DivX, the new CD copy protection schemes, and how they're bound to fail, because those who are l33t enough will still find ways to get what they want - the way he mentiones in the column is hooking your PC up to your stereo set, yielding a good-enough-for-MP3 copy of the previously copyrighted disc.

    And of course, need I remind you, if ONE person does this, then theoretically no-one else has to, they can just leech the song via Audiogalaxy, like the song was never copy-protected in the first place. What this will lead to - and Ebert points this out, as well - is legitimate customers getting upset because the music they paid for won't work in the playback device they want to use. If you ask me, this will boost piracy, not vice versa.

    Anyway, the short summary of the column is, interesting read, but nothing new. Always good to see articles in the "mainstream" press about stuff like this.

    --
    Quality, performance, value; you get only two, and you don't always get to pick.
    1. Re:Good reading by spitzak · · Score: 4, Insightful

      Actually by making the creation of an MP3 slightly painful, I think they will actually decrease sales. Before, if you wanted an MP3, you could buy the CD and then rip it, or you could search on the net for it and download it. Guess what option they have eliminated? They have eliminated the option where they make money! Idiots.

    2. Re:Good reading by Geekboy(Wizard) · · Score: 2, Informative

      I think what Ebert has to say is little news to the average Slashdot reader

      True, but his opinion just went out the the unwashed masses. He has MUCH more pull than Slashdot, in that respect. The discussion is mostly so the readers know that it's being publicized.

  16. Boycott! by Anonymous Coward · · Score: 5, Funny

    I'm tired of the *AA trying to take away our rights in a misguided attempt to protect their profits!
    I'm mad as hell and I'm not going to put up with it anymore!

    So I filled my ears with caulk, and gouged my eyes out with a spoon.
    I suggest you all do the same.
    That'll show them!



    This was an intentionally ludicrious inflammitory post.

  17. 2nd law of music-sales-dynamics by CatKnight · · Score: 2, Funny

    as long as the RIAA and MPAA see money "lost" that could be theirs, they're not gonna stop.

    n = 1 - $L / $B

    n = max efficiency
    $L = music bought
    $B = music listened to

    Seems like the record companies are trying to break the 2nd law!

    --
    The Stone Age did not end for lack of stones, and when the oil age ends it will not be for lack of oil. --Bjorn Lomberg
  18. Fair use violations = lawsuit? by brennan73 · · Score: 2

    This may be (-1, Redundant) in discussions like this, but still: could this sort of copy protection conceivably provoke a valid "fair use" lawsuit?

    To be more specific, do these copy protection schemes violate my right to fair use of copyrighted material that I've purchased legally, by eliminating my ability to make personal backup copies or use the material in a different medium (transfer to an iPod or whatever)? And if they do, would I have a leg to stand on if I sued, say, Universal for this?

    If a lawsuit could conceivably be successful, I wish someone like the EFF, ACLU, etc. would get one going. I for one already donate to the ACLU, and would donate to the EFF for this purpose. High-minded (but valid) arguments about treating customers like thieves aside, it seems actionable to me (although, of course, always and forever, IANAL).

    -brennan

    1. Re:Fair use violations = lawsuit? by spitzak · · Score: 2
      I doubt it. I think this would be as successful trying to sue a software company for making a copy protected disk, or making the program so that Windows is required to run it.

      Though maybe the difference is: the software company can make a legitimate claim that the difficulty of making the program work without Windows would be a huge cost or hinderence to them, while the difficulty of making the CD work on old CD players cannot possibly be claimed to be a cost (in fact companies pay to license the copy control technology).

  19. Re:Ebert failed to grasp by monkeydo · · Score: 3, Insightful

    No, these copy protected CDs come with Windows software which will allow them to be played on PCs. If there is not Mac version of the software Mac users are out of luck.

    --
    Si vis pacem, para bellum
    The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
  20. The Grateful Dead by t0qer · · Score: 5, Interesting

    Used to let their listeners bring recorders into their concerts and "bootleg" them. While JG was alive, the dead had a following you would not belive.

    Their reason for allowing this was the band felt that they had "made thier money" Each member had enough to keep their families set for life.

    So despite this lesson, why does the RIAA continue to hurt both the artists and listeners that underwrite their business? Lars isn't selling a BILLION copies of your record enough?

    A true artist likes money, but that is never their motivation. Most artists starve until they are discovered (if that happens) and are more than happy to let people MP3 their songs just to "get the word out"

    Someone somewhere will write some cool little app to circumvent this little bit of copy protection i'm sure. If people are really fed up with the RIAA don't buy any more big label records then. Check out your local hip-hop, grunge, punk scene and buy music from those guys, they ARE starving and are more than happy to let you copy their stuff.

    Quantity does not equal quality RIAA, i'm not buying this noise shit crap you try and schleff off as music anymore. Fuck off!

    1. Re:The Grateful Dead by DouglasA · · Score: 5, Insightful

      Well, the Dead never made much cash from album sales anyway. Their bread-and-butter was in concert tickets. And it's worth noting that in '95 when fans started busting into shows (Highgate, Deer Creek), the band issued a *very* stern rebuke.

      Also note that after Jerry died and the tour ended, the remaining members and employees began slugging it out over the scraps left over, including the concert recordings. Things got ugly when the shows were over.

      All that aside, their model was still pretty unique and should be considered by the industry as an alternative!

    2. Re:The Grateful Dead by asv108 · · Score: 3, Insightful
      Their reason for allowing this was the band felt that they had "made their money" Each member had enough to keep their families set for life.

      The Grateful Dead did not allow live recording because they "had their money", they used live recordings as a promotional tool. The Dead allowed people to record their concerts from the beginning. Part of their success is owed to the distribution of live shows. JamBands such as Phish have kept with that tradition with much success. A lot of Phish's early growth (pre 95) can be traced to the distribution of bootleg tapes. People heard the tape, went to a show, and eventually bought a CD, T-shirt, etc. This paradigm works great with bands who emphasize live performances and grass routes growth.

    3. Re:The Grateful Dead by blakestah · · Score: 2

      The Dead allowed people to record their concerts from the beginning. Part of their success is owed to the distribution of live shows. JamBands such as Phish have kept with that tradition with much success.

      The Dead were hardcore against tapers in the beginning, and came around sometime in the early to mid 1970s, neophyte. Barlow calls it the invention of viral marketing. (Barlow was a writer for the Dead, and is now EFF head honcho).

      I think the most interesting current model is The String Cheese Incident. They made their own record company, and will sell you a recording CD set from any concert of theirs. In addition, you are free to tape it yourself.

      How many people will tape a concert if they can buy it for $18 (a 3-4 CD set) ?

      Barlow has many writings about the Dead and taping. He claims that musicians make most of their money from concert revenues anyway, so giving the music away doesn't hurt much. In fact, it seemed to boost both regular CD sales and concert attendance.

      The people who make money from music sales are the record companies, plain and simple.

    4. Re:The Grateful Dead by Reziac · · Score: 2

      Not only that, but there is an official Grateful Dead bootleg MP3 FTP site, which I tripped over a while back while looking for something else entirely. All free downloads from a decent server. (Sorry, I'm not a Deadhead so didn't bookmark it, but it should come up readily enough in a search.)

      I know a guy who has been making bootleg tapes for decades. That has progressed to local bands *asking* him to tape their live shows -- and most recently, to local bands asking him to produce their small-market CDs (sometimes using material from his tapes), and to running their official websites. (http://www.chromeoxide.com, for those interested.)

      It's all advertising, the best and most direct kind: right to the people who will spend the bucks.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  21. I'm not alone! by Scrameustache · · Score: 2, Insightful

    Quote from Roger: Why do people grab music off the Net and download it to CDs, iPods, and other storage devices? Because they like it. They like it a lot. They like it enough to go to the trouble of obtaining it despite the various roadblocks. They are fans. Would they rather have a mint CD from Virgin or Tower, with the original cover art? Of course. Will they eventually be paying customers for the music they are currently sampling? In most cases, yes. Technically they are stealing, but in fact they are an instrumental part of the process by which a lot of real CDs get sold.

    He actually gets it!
    Wow!

    --

    You can't take the sky from me...

  22. Grammar by rherbert · · Score: 3, Informative

    I know this is off topic, but with several instances over the past couple days, I'm forced to cry out - would the editors PLEASE fix incorrect uses of "its"/"it's" on the main page?! It's not that hard:

    "it's" means "it is"
    "its" is the possessive form of "it"

    If you can't replace "it's" with "it is," then you're using the wrong word. It just makes the main page look like someone's guestbook. Fix it for my English teacher's sake, please!

    1. Re:Grammar by geekoid · · Score: 2

      You know, you'd have beter luck telling the wind to stop blowing.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Grammar by TTop · · Score: 3, Funny

      Doh!!! That's one of my pet peeves, too -- my fingers just got carried away when submitting the story and I missed it in proofreading.

      I hate misplaced apostrophes, so that's embarassing.

      Not quite as embarassing as a neon sign I saw that said "Used Car's"

    3. Re:Grammar by TTop · · Score: 3, Funny

      Now that I think about it, for all I know I did submit it with correct grammar and the editors "corrected" me!

      Hmmm....

    4. Re:Grammar by Spyky · · Score: 3, Funny

      So, the parent was modded +1 Funny because it's funny that anyone would think a Slashdot Editor actually corrects submissions, right?

      Anyone... anyone

      -Spyky

    5. Re:Grammar by SecurityGuy · · Score: 3, Interesting
      Actually, (couldn't resist) any linguist who knows his business will tell you dictionaries describe a language, not define it. A dictionary only tells you what the common, accepted use of a word was when the dictionary was published.


      Since we're on annoying grammatical habits, anybody read "What Color is Your Parachute", or whatever it's called. I read about the first half of the first chapter. The guy writes a warning about how, he knows, he doesn't use commas correctly, but rather, he uses them, wherever he would put, a pause, during speaking. I found it, really, really, hard, to read. Feh. I don't care if the guy doesn't know how to use commas, but why the heck did he feel compelled to require the editors to leave that mess?

    6. Re:Grammar by Dyolf+Knip · · Score: 2

      I agree, but where the hell's Grammar Nazi? Isn't he supposed to be pointing these things out? I tell you, he's gotten really slack in his old age. :)

      --
      Dyolf Knip
  23. RIAA always is the victim by swb · · Score: 3, Insightful

    But realize this-- the RIAA's spin will claim that any falloff in revenue is due to piracy, not a boycott-- hence their need for the copy protection.

    But the RIAA will always use some kind of spaghetti logic to claim that sales are down due to piracy. This is an projecting answer -- it enables them to project business failure onto others, as well as justify copy protection, pay-per-play and other schemes that are unpopular with end users.

    The other answers -- the music sucks, the business model is flawed, etc will never be considered or publicly advanced. These are reflective answers -- they reflect on the RIAA member entities poor management and don't allow them to blame forces outside their control.

    1. Re:RIAA always is the victim by K8Fan · · Score: 5, Informative

      Record company executives always find something to blame a decline in sales on. And any increase in sales they attribute to their own brilliance. Back in the 1980s, they were blaming cassettes with the "Home Taping In Killing Music" nonsense, with it's pathetic "cassette & crossbones" stickers. In the 1990s, they were blaming used CD sales, and trotted out Garth Brooks to clame that the legal "right of first resale" was taking food from his children's mouths. And before that it was:

      • Parallel imports
      • Video games
      • Radio play (yes, they sued to stop radio)
      --
      "How perfectly Goddamn delightful it all is, to be sure" Charles Crumb
    2. Re:RIAA always is the victim by Dyolf+Knip · · Score: 2
      So now we have the litany of the RIAA's predictive prowess. Most informative, thank you.

      My question is, what other similar assurances have we heard from the MPAA? We're all familiar with Valenti comparing the VCR to a serial killer, but what else is there?

      --
      Dyolf Knip
    3. Re:RIAA always is the victim by K8Fan · · Score: 2
      So now we have the litany of the RIAA's predictive prowess. Most informative, thank you.

      You're welcome.

      This is all just from my personal perspective. I've been buying LPs, 45s, CDs, cassettes, VHS, Beta, LaserDiscs, DVDs and all other manner of pre-recorded media since the mid-1970s. I've got a room filled with pre-recorded media and a hard disk filled with MP3s. So I've been observing the RIAA's antics for years...the whole Napster thing was done before with the introduction of dual-well cassette decks.

      Visit your local used record shop (the kind that sells LPs) and look at a copy of Bow Wow Wow's 1980 US release. Their first single "C30, C60, C90 Go!" a jingle for home taping. The album has "Home Taping is Killing Music!" printed on the back.

      Music, as you know doubt have observed, survived.

      My question is, what other similar assurances have we heard from the MPAA? We're all familiar with Valenti comparing the VCR to a serial killer, but what else is there?

      I don't have much documentation on that, other than witnessing the movie studios fighting home video tooth and nail. We practically had to force the money into their pockets.

      You would be instructve to see that the usual suspects are doing the same things for the MPAA that they did for the RIAA. I direct you to Frank Zappa's testimony before Congress. The hearing were supposed to be about offensive lyrics, but Frank pointed out that it was a smokescreen to slide through a tax on blank tapes...in much the same way that the Monica Lewinski nonsense was a cover for the DMCA.

      The ladies' shame must be shared by the bosses at the major labels who, through the RIAA, chose to bargain away the rights of composers, performers, and retailers in order to pass H.R. 2911, The Blank Tape Tax: A private tax levied by an industry on consumers for the benefit of a select group within that industry.

      Is this a consumer issue? You bet it is. PMRC spokesperson, Kandy Stroud, announced to millions of fascinated viewers on last Friday's ABC Nightline debate that Senator Gore, a man she described as "A friend of the music industry," is co-sponsor of something she referred to as "anti-piracy legislation". Is this the same tax bill with a nicer name?

      The major record labels need to have H.R. 2911 whiz through a few committees before anybody smells a rat.

      --
      "How perfectly Goddamn delightful it all is, to be sure" Charles Crumb
    4. Re:RIAA always is the victim by quintessent · · Score: 2

      And they're trying to stop radio again--Internet radio. This time it might actually work.

      Let's hope campaign finance reform works. Otherwise, the guys making the rules are bought, and it's not by us.

    5. Re:RIAA always is the victim by swb · · Score: 2

      Not that many, as I recall, seem to be outspoken against music sharing...

      How many are outspoken proponents of it?

      I think by and large the artists themselves, with some exceptions, are either just too lacking in personal intellectual skills (how smart do you think Spears REALLY is?) or just too caught up in being artists to form opinions on something not of the artistic realm. Yes, this is a stereotype and there are exceptions, but I don't think by and large that most artists have much of an opinion or it parallels that of the average person who probably thinks that music sharing is legitimate within reason.

  24. Samples = Potential Profit by terrywin · · Score: 2, Insightful

    Here is the part the RIAA and MPAA should be paying attention to:

    "Back when I was a member of the prime music-buying demographic, I went into Markland's Record Store on Main Street in Urbana, Illinois, and took the latest 45s into a soundproof listening booth where I could sample them. I sampled them a lot. So did all the other kids. Sometimes we would sample the same song every day for a week. The Marklands knew what we were up to. They also knew that we yearned to own those records, and that when we found the 89 cents for a 45 or the $3.98 for an LP we'd be their customers. We were fueling our enthusiasm."

    I remember those days (although I didn't do it as much as some of my friends). You heard these great tunes and the first thing on your mind was "How am I going to make some money to buy this 45?" (lawn mowing, collecting pop bottles, etc.)

    Its obvious the video/music cartel - just don't GET IT! They're attacking the wrong side of the
    problem (piracy) instead of looking at the future.

    Terry

  25. Does anyone else... by brogdon · · Score: 5, Interesting

    Think it's idiotic the way the labels go about their copy-protected CD strategy?

    Now I don't mean the specific technology used, or the fact that it's stupid in general. I'm referring to their choices of *which* CDs to use the copy-protection on.

    So far, they've all been big releases that they're going to sell a million or more copies of (N'Sync, Natalie Imbruglia). They don't do it at all to the smaller releases, which basically ensures a lack of success.

    All the copy protection does is make it harder for someone to make an illegal copy. It doesn't make it anywhere near impossible. If you want a copy in mp3 bad enough, you just find a CD player that can play the disk (if you can, of course), run a line into the back of your PC, record it to wave files, then encode to mp3. I ripped a record this way, it'll certainly work for CDs. At that point the guy doing it is probably pissed off at the labels enough to make his freshly made mp3's available on a P2P network of his choice, at which time they get copied over and over again, and the whole "copy-protected" CD is all over the net. Thus all you can really accomplish by putting that crap on a blockbluster CD release is a lot of bad press and a few weeks in delay before everyone has a copy on their hard drive.

    With smaller releases, however, it could work. There aren't as many people who want a copy of the music, which means less who have the knowledge and desire to rip the stuff correctly. If the labels put protection on the under-500k-sales category, they might make a serious dent in the amount of pirated music out there because it would be a pain in the ass for all the hackers to get it into the mp3 format, so fewer would bother with smaller releases and the copies would never get made that crucial first time.

    It astounds me that the record companies are to stupid to even use the technology they undoubtedly paid a mint for in the correct way. I suppose I should just expect any implementation of technology by them to be exactly backwards by now.

    --


    This tagline is umop apisdn.
    1. Re:Does anyone else... by hymie3 · · Score: 2

      What? Scratch that, reverse that.
      The article mentions specifically (you did read the article, didn't you?) More Fast and Furious: Music From and Inspired by the Motion Picture. This is not exactly what I'd call a likely platinum album. Charlie Pride: A Tribute to Jim Reeves wasn't exactly a chart buster either (to be honest, i'm not much of a country fan, which would explain why I had, up until the flap over the copy protection, never heard of Charlie Pride nor Jim Reeves).

      The firing shots are indeed being made on albums that aren't going to be big chart busters. The labels can point to these albums and say "See! We've been doing this for a long time and it didn't hurt sales so that proves customer acceptance!"

  26. Rights by mmacdona86 · · Score: 3, Informative

    The important rights that are being taken away are:

    the right to speak, even if the speech is describing a computer program

    the right to run the computer programs of our choice on our own equipment [there is no right to use/hack someone elses equipment]

    Someone needs to acknowledge these are essential rights, bound intimately with our first amendment and privacy rights.

  27. Lost cause? by mikers · · Score: 2, Interesting

    When congress and senate just listen to big business ... well thats sad. I keep having these dreams where law makers will listen to the people whose votes they need to get in. Why does it seem like they just don't hear us and don't want to? Thats just dirty, underhanded and shifty.

    If they were working for me I'd fire them.

    We vote these idiots in and then can't fire them when they turn their backs on us. We vote them in, we should be able to vote them out.

    Isn't that the grander problem: How to put pressure on politicians so they will do their damn jobs they already get paid for and ignore lobbyists. How do we put fire in their belly's? That feeling like - OH MY GOD I'm gonna lose my job if I don't listen to voters.

    I'd like them to feel that for a change.

    Greedy bastards.

    1. Re:Lost cause? by 2Bits · · Score: 2

      That's democracy, remember?

      I don't know, I just feel that you get democracy once every four years (or whatever the length of the term). And the rest of the time, you can moan, you can shout, you can do whatever you want, there's nothing you can change.

    2. Re:Lost cause? by Jeremi · · Score: 2
      How to put pressure on politicians so they will do their damn jobs they already get paid for and ignore lobbyists


      I'll give you a hint -- the cure for a Republican isn't to replace him with a Democrat, or vice versa. The Democrats and the Republicans are both bought and paid for by the same corporations, and they merely play a game of good-cop/bad-cop to get you to vote for one party or the other -- but no matter which of the two parties wins, the corporations are in control. Hence the SSSCA, DMCA, etc.


      If you don't like this situation, I suggest you vote for one of our fine third parties, and/or support a transition to instant runoff voting to help break the Democrat and Republican parties' lock on elections.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
  28. Wrong forum by Rev+Snow · · Score: 2, Interesting

    It's good to see a mainstream figure like Ebert take on this issue. It's not so good that he did so in a column for Yahoo Internet Life. Really would mean much more for him to put this in his usual newspaper column, or to take up the subject on his television show.

  29. Bumper sticker by Tayknight · · Score: 2, Funny

    I want a bumper sticker that simply says "I RIP CDs"

    --
    Pair up in threes. - Yogi Berra
  30. I like RIAA's definition of piracy by CrudPuppy · · Score: 3, Interesting

    they include unauthorized recordings made from radio and television and unauthorized compilation cd's containing tracks from more than one artist's cd.

    I sure hope they mean the act of "selling" these types of recordings.

    I can't imagine who they think they're preaching to if they mean the act of "making" these types of recordings. If they do, I'd like to see them try to haul 98% of the US population into court for violating their rights!

    --
    A year spent in artificial intelligence is enough to make one believe in God.
  31. Universal are incredibly stupid by Edmund+Blackadder · · Score: 2

    Now dont think it is a good idea to trun away customers at the cost of stopping ripping. Yet it seems like a logical thing to do.

    But that scheme will turn off customers without stopping ripping. I have no idea what the hell they are trying to do. Piss off mac users?

  32. What about those without Stereos? by cnelzie · · Score: 4, Interesting


    I like Ebert's plan to take that protected CD and play it from your stereo to your computer in jack. However, I own not a single stereo system.

    In the car, I listen to NPR. At home, I sometimes listen to music, from CDs that I have bought and subsequently stored in a safe place after turning them into MP3s. If I wish to listen to a radio station, again it is NPR and streamed off of the internet.

    I normally never buy music. When Napster was out, I checked it out. Downloaded a few songs, used the chat feature and was turned on to a few more bands and groups. I downloaded their songs and later found myself buying them at the local music store.

    Now that Napster is gone. I am back to listening to the music that my friends listen to. Sometimes, I pick up something that they listen. My listening circle has greatly shrunk these days.

    All I can say is way to go RIAA! They get less of my money these days. Which works for me as it is always nice to save a few bucks.

    --
    .sig seperator
    --

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
    1. Re:What about those without Stereos? by sdo1 · · Score: 2
      What about those without Stereos?

      Even if you don't have the ability to record those copy-protected CDs to your computer, chances are that someone else does and probably already has. Just hop online to your favorite p2p file sharing site and download the songs that someone else has recorded. Problem solved!

      -s

      --
      --- What parts of "shall make no law", "shall not be infringed", and "shall not be violated" don't you understand?
  33. Re:Roger Ebert? by david+duncan+scott · · Score: 2

    LOL!

    --

    This next song is very sad. Please clap along. -- Robin Zander

  34. Another whiner by Logic+Bomb · · Score: 3, Insightful
    I'm not particularly trying to flame, but if someone's gonna mod up comments like this it seems a response is required.

    I guess someone towing the usually whiney l33t /. line had to get modded up. Who are you to tell someone how much money they should be allowed to make? If you don't like how they make their money, don't give them any of yours, and don't take what they have to offer either. But if other people are happy to buy into the system, that's their decision.

    I also like when you mention how great it is that starving artists are happy to let you copy their music. I thought the whole point is to actually help those people make a living. I'm sure encouraging people to pass around free digital copies accomplishes that in wonderful fashion.

    Finally, did someone appoint you the arbiter of who is a "true artist"? Give me a break.

    1. Re:Another whiner by t0qer · · Score: 5, Insightful
      Finally, did someone appoint you the arbiter of who is a "true artist"? Give me a break.


      Actually, I write for a local music magazine.
      I've watched many talented artist that should have gone somewhere in this
      industry sit and idle because to the top players in the industry it's all about
      the Benjamin's.

      Music, not money should be the motivation for forming a band. The people
      that do it for the money will never sit around experimenting with new sounds
      because they fear it might hurt the sale of a record.

      A true artist doesn't care about if they make money or not, they have a song
      in their heart and they want it to be heard. They won't sit there singing
      "Oops I did it again" a million times over because it's popular.
      Sad truth is most of the stuff that comes out of the RIAA camp falls into this
      category of cookie cutter artists that make sales based on their image or the
      power of their label to promote them. A good artist does not need these things,
      they will sell their music on the basis that it is good music that people like
      to listen to over and over again. Some of the best artists give the
      listener something to relate to, an emotion, a story, that keeps you captivated
      till you just want to hear that song over and over..


      understand now? Good.

  35. The artists' perspective by e1en0r · · Score: 5, Insightful

    Back when I worked for House of Blues a couple years ago they started doing Yahoo chats with artists. To test the system and ensure that there were at least a few questions ready to be asked, we always submitted a few questions ourselves. I couldn't tell you if this is still the case, and I couldn't find any of the chat transcripts, but I remember my one standard question was what the artists thought of mp3s and people downloading their music off the internet. All the artists who I asked this to were on a major label, and none of them had any problems with people downloading mp3s. I specifically remember the Indigo Girls had the best answer. They were totally cool with it, but wanted those same people to go to their shows. If only these artists would all stand up together like the Offspring tried to do and try and bring about some change from the inside.

  36. I hate to burst your bubble, but... by Anomolous+Cow+Herd · · Score: 2, Interesting
    It's nice to see the mainstream press start to come out against the idiotic copy-protection war the RIAA is declaring on their best customers, music lovers.

    I'm sorry, I can't let such a statement slide.

    Think about it! If music lovers were the RIAA's best customers, how do you explain the preponderance of boy bands and Britney Spears? This is hardly music for the real connoisseur, yet it almost entirely fills the major label's profit ledgers.

    The sad reality is that most people listen to their CDs in CD players, regardless of how many Slashdotters reply to this telling me something like "oh not me! I only listen to my CD collection on my computer using Linux!" The same goes for Windows. If people listen to CDs on computers, almost all of them will be doing it in Windows, because it dominates a large majority of the desktop and consumer PC market. As long as this market segment is catered to, no one will give a rats ass about the audiophile minority.

    --

    "I don't know that atheists should be considered citizens, nor should they be considered patriots." - George Bush
  37. this is just wrong by Edmund+Blackadder · · Score: 2

    I know it is convenient to refer to a person as they but it is wrong. Even the PC freaks say so.

    Nowadays many people use "she". It is linguisticaly correct and it is considered politicaly correct.

  38. Re:Open Source Music by spitzak · · Score: 2
    Unfortunatley what the RIAA an MPAA want in the end is for recording devices to be illegal. This will be done by making a "new format" of playback device and using laws and copyrights and patents to make the manufacture and sale of devices that can record this new format illegal (since those are obviously tools of piracy). The same laws will make sale and manufacturing of devices that play back old recordable formats illegal. Eventually too few people will have working versions of the old formats to make playback of copied music possible.

    It will also have the side effect that no musician can record music without having a contract with one of the record companies!

  39. I think we may be overlooking the obvious... by LoTonah2 · · Score: 4, Interesting

    Like a coked-out rock star being led around by the nose by his manager, the RIAA members are being led around the nose by greedy asswipe lawyers.

    Think of it, the lawyers are probably pressing the hardest for these measures, because without a hard-edge stance, there isn't much for them to do. They are trying to justify their own existence.

    Does that mean that RIAA members are innocents? Hell no!

    What would be cool is if there was a "competing" record company(s) that weren't members of the RIAA that sold CD's at a decent price ($8-$10), didn't do jackass stunts like copy-protection, and actually did something to promote smaller bands instead of the megastars.

    I am so surprised that the U.S. government hasn't disbanded the RIAA on the grounds that it's a monopolistic cartel. Get with it, dammit!

    1. Re:I think we may be overlooking the obvious... by swordgeek · · Score: 2

      "...the RIAA members are being led around the nose by greedy asswipe lawyers."

      Therein lies the real problem, methinks. The RIAA members ARE the greedy asswipe lawyers.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    2. Re:I think we may be overlooking the obvious... by Dyolf+Knip · · Score: 3, Interesting
      What would be cool is if there was a "competing" record company(s) that weren't members of the RIAA that sold CD's at a decent price

      It'd be great, but only if the retailers sold them with the discount intact. The unscrupulous might simply see it as a way to jack up their own profits on those titles; after all, how many customers have any idea of the wholesale cost of the CD they're buying? Or they (the larger chains, at least) might be pressured by the RIAA to not even carry them in the first place. You know, typical M$ tactics: "Do not even offer products that aren't ours or we'll cut you off completely".

      If enough of the retailers gave them the finger in response to that kind of treatment, we'd win. If not, the upstart publisher gets crushed. Bummer.

      --
      Dyolf Knip
  40. Macslash by Stenpas · · Score: 5, Insightful
    Macslash is also running an article about the same thing.

    Apparently macs can read and burn everything but the first track. Not exactly effective copy protection.

  41. How does this not ENCOURAGE piracy? by Dixie_Flatline · · Score: 5, Insightful

    Okay, say I'm a mac user. It's clear that I can't go out and buy the music. Damnit.

    But I have an iPod and a Mac, and I REALLY (for some bizarre reason) want to listen to the music from The Fast and the Furious.

    Well, if I can't buy it LEGALLY, better turn to the help of my friend the internet, so I CAN get the music. And in the end I won't go out and buy the CD because I sampled it and I liked it. I'll leave it in the store because it's COMPLETELY USELESS to me. Why waste $20?

  42. A new content day is dawning by ebusinessmedia1 · · Score: 3, Insightful

    Go to TidBits (a wonderful Mac resource) and read the following series of articles:

    http://db.tidbits.com/getbits.acgi?tbart=06604 (Content is a Pure Public Good) and

    http://db.tidbits.com/getbits.acgi?tbart=06609 (Why Encryption Doesn't Help) and

    http://db.tidbits.com/getbits.acgi?tbart=06629 (How to Finance Content Creation) and

    http://db.tidbits.com/getbits.acgi?tbart=06669 (Are We Just Rationalizing Theft)

    All by Dan Kohn, a General Partner with Skymoon Ventures.

    These essays put an end to the argument that the current system(s) proposed by content providers will lose - no matter what.

    Also, anything Lessig has authored (already in /. the archives)

    This is a very compelling series of reads on this issue.

    Furthermore, if people like Ebert, Lessig, Dan Kohn and others continue to get the word out, we, and recording artists will be a lot better off in the near long term.

    It's beyond me why any well-known act would sign with a major label today, given the raw potential for this medium (the net) to do almost pure 'pull' marketing.

    1. Re:A new content day is dawning by geekoid · · Score: 2

      becuae the industry can walk up to some starting group and say "here's a whole bunch of money, and you can use some of the best recording equipment on the planet"
      Using the internet, you have to ewai a while to make money, and you may never see large sums.

      I don't understand why successful musicians sign with the industry giants. It seems like a bad business descision.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  43. Re:A list by grapeape · · Score: 2, Informative

    Check http://uk.eurorights.org they have an updated list of known proteced cd's and their labels. It covers mostly European releases. For info on US a good site is http://www.fatchucks.com/corruptcds/index.html.

  44. Slightly different then Divx by Xunker · · Score: 2

    This is slightly differnt then divx, however, because when Divx you were paying less (like $5.95), and you were getting less (2 days of play time or somesuch, no extra features). With CDs like this you are still paying the full price ($18+) and getting yet getting less.

    --
    Hilary Rosen's speech was about her love of money and her desire to roll around naked in a pile of money.
  45. Losing customers by mrvis · · Score: 4, Interesting

    Here's something that struck me. Here's a quote from the legal site on the Universal Music Group's site (see the link in the submitted story)

    "IF YOU DO NOT OR CANNOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE PLAYER OR CONTENT."

    They are saying that this is a legal contract. They are saying that if you cannot agree then you are not allowed to use the content (listen to the music). Minors cannot agree to legal contracts. Tell me if my logic fails me, but does that mean that minors can't listen to copyprotected CD's? Shouldn't they be, therefore, prohibited from buying them?

    It sounds ultra stupid, but it's the RIAA.

    1. Re:Losing customers by AntiNorm · · Score: 4, Insightful

      #include

      From what I learned of contract law when I was under 18 (3-5 years ago), here's the way I *think* it would work. By permitting the copy-protected "CD"s to be sold to those under 18, Universal is effectively agreeing to follow the contract with them. Of course, the under 18s aren't legally bound by the contract, but here's where it gets interesting.

      According to the law in most states...or maybe it's federal law, I don't remember...people who are under 18 can disavow contracts they have entered into. What this essentially means is that if someone enters into a contract with an IU18 (individual under 18, I refuse to use the term 'minor'), it still becomes legally binding, but not on the IU18. The other party, though, is still bound by the terms of the contract. What this means for IU18s buying copy-protected CDs is that as long as they are permitted to purchase them, which they will be, they can pretty much ignore whatever licensing restrictions Universal throws at them.

      Gonna play the 'legally binding contract' game with your customers, Universal? Guess what...two can play this game.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    2. Re:Losing customers by MsGeek · · Score: 2
      The first joe who tries to fight the RIAA on this one better be rich or have powerful backing, because the one with the most money tends to win in disputes like this.

      The "first joe" may very well be one with deep pockets indeed...Royal Dutch Philips. They're the ones saying that copy-challenged CDs are a violation of the Red Book, the standard for audio CDs, and they're the ones who may be first to sue.

      --
      Knowledge is power. Knowledge shared is power multiplied.
    3. Re:Losing customers by EvilStein · · Score: 2

      I'll sell you mine. Really cheap. Not too obnoxious, and he doesn't eat too much. :)

    4. Re:Losing customers by Dyolf+Knip · · Score: 2

      All it says to me is that lawyers have more say in designing the RIAA's webpage than coders.

      --
      Dyolf Knip
    5. Re:Losing customers by lamont116 · · Score: 3, Informative
      According to the law in most states...or maybe it's federal law, I don't remember...people who are under 18 can disavow contracts they have entered into. What this essentially means is that if someone enters into a contract with an IU18 (individual under 18, I refuse to use the term 'minor'), it still becomes legally binding, but not on the IU18. The other party, though, is still bound by the terms of the contract. What this means for IU18s buying copy-protected CDs is that as long as they are permitted to purchase them, which they will be, they can pretty much ignore whatever licensing restrictions Universal throws at them.

      Ah, yes, contract law. The thing about contracts is that the damages are usually enforceable as "expectancy" (meaning that the prevailing plaintiff receives the "benefit of the bargain" as damages) and, since a contract made by a minor is "voidable," the minor can disaffirm the contract and avoid those damages. "Restitution" is a different matter: "restitution" means you have to give back what you got (or its fair value) so as to avoid unjust enrichment (to you) and unfair deprivation (to the other party). So if a minor enters a contract to make X number of payments at $Y per month for a car, and doesn't make the payments, he does have to give the car back, even though the contract is not binding upon him.

      What this probably means in this context is that a minor who buys a CD, makes a zillion copies and sells them, and then tries to disaffirm the contact will still have to make restitution, even if he is not bound by the contract terms. (IOW, a exception to contract law is a shield, not a sword, and the law is not always an ass).

  46. Hold the music, just the image thank you. by Kibo · · Score: 3, Interesting

    One wonders if nsync cds would sell worse without the cd's in the jewels cases.

    Not that I am a profesional sociologist with reams of rock hard data, or anything other than just shooting from the hip.

    But I would bet that having the music on the cd is less important than having the cd itself. I'm not just saying this because nsynch sucks, but that it might be more important for their "fans" to be part of the pop-culture phenomina than to be enjoying whatever entertainment value the music has intrinsicly. As such, 12 year old girls would be one of the last groups to turn away from the music industry, their not buying the music at all.

    --
    --Jimmy has fancy plans; and pants to match.
    1. Re:Hold the music, just the image thank you. by Paradise+Pete · · Score: 2, Interesting
      But I would bet that having the music on the cd is less important than having the cd itself.

      I think so. Witness the Milli Vanilli thing. When people found out that it was two fat guys doing the singing they burned their records. Did the music suddenly sound different?

    2. Re:Hold the music, just the image thank you. by bfree · · Score: 2

      I've said it before and I'll say it again, someone file a class action law suit for child exploitation. Defendants should be the RIAA and MPAA (and probably all the TV Networks and maybe the radio networks aswell).

      --

      Never underestimate the dark side of the Source

  47. More anti-trust ammo? by BWJones · · Score: 3, Interesting

    Roger Ebert has weighed in with a scathing critique of the Universal Music Group and it's new copy-protection scheme which renders CDs unplayable in non-Windows operating systems, DVD players, and CD-compatible game consoles.

    Non-Windows operating systems? How did this decision get made I wonder? Has Microsoft leveraged their monopoly in the operating systems market against the music industry to keep out competition from other platforms (Apple) in the music and video markets as well? As one who has used the music and video tools in Windows XP and Apple's OSX, Apple obviously has a better, more refined product and Microsoft knows this. Like just about anything else in their line-up, Microsoft produces third rate products and then leverages their monopoly to prevent better products from getting a fair shake.

    I would be most interested if anybody has information that might clarify why non-Windows operating systems are locked out.

    --
    Visit Jonesblog and say hello.
    1. Re:More anti-trust ammo? by Jayde+Stargunner · · Score: 3, Insightful

      Because the "application" that renders the "protected" audio data playable on a computer is a Win32 app.

      This likely has less to do with Microsoft leveraging than it does that the makers of "Cactus Data Shield" not only suck as making a protection method, but they can't code their way out of a paper bag either.

      -Jayde

      --
      What's a sig?
    2. Re:More anti-trust ammo? by Azog · · Score: 2
      I would be most interested if anybody has information that might clarify why non-Windows operating systems are locked out.
      My guess is that it's because Microsoft has the majority of desktop systems, and also because they are working on building copy protection stuff right into the OS. Signed drivers, Windows Media Player and WMF, forced automatic upgrades, EULA's that allow MS to disable your system if they think you're trying to get around their control...

      remember kids: if you run a Microsoft OS, it isn't really your computer anymore...

      .
      --
      Torrey Hoffman (Azog)
      "HTML needs a rant tag" - Alan Cox
    3. Re:More anti-trust ammo? by F.Prefect · · Score: 2
      Has Microsoft leveraged their monopoly in the operating systems market against the music industry to keep out competition from other platforms (Apple) in the music and video markets as well?

      Oh please. What nimrod modded this up? I know bashing Micro$oft is a /. pastime, but be reasonable. The simple fact is, most people who own computers have Windows on them. It's a basic statistic.

      Now that situation (most people running Windows) most likely did arise because of monopoly leverage, but I serously doubt that Microsoft actually approached UMG and said, "make this work on Windows only". UMG's decision to make a Windows-only player is simply because they can market it to the largest subset of computer users with a minimum of effort on their part. It may be an indirect effect of the monopoly, but it's not a backroom deal.

      --
      --Ford Prefect
  48. Conspiracy Theory by kkkalen · · Score: 5, Insightful

    Napster and all the other music sharing schemes allowed one to sample music from all over the place: independent stuff as well as from the companies that make up the RIAA and friends. Could it be the real reason that Napster was such a threat was it did just that? People all over the world were exploring their musical interests freely and widely and it wasn't just confined to what got pumped out of (most) radio and MTV.

    What the RIAA is afraid of is NOT music piracy, per se, but the threat of the general public's musical tastes growing bigger than the set of bands they happen to be promoting.

    So, now we're talking about copy protection. If the RIAA and friends get their way, we will only be able to buy CD players, etc, that will play CDs with their proprietary copy-protection/encryption scheme.

    Think about it, if you wanted to listen to music on digital media, you'd have to buy THEIR music. I only hope this is a paraniod fantasy, but I can see where this is going.

    --
    If you don't believe me, ask that guy over there.
  49. Yes by avij · · Score: 2, Informative

    I bought Shakira's album Laundry Service about a week ago. Unfortunately for me, I didn't notice the small print on the cover and on the CD itself ("will _not_ play on PC/MAC") until I got home and tried to convert it to MP3s. I have encoded all my CDs to MP3 files so that I wouldn't have to change the CD in the CD player whenever I want to listen to some other artists. I have a high stack of CDs, the MP3s are there just for extra convenience. A small hint to everyone: get an Evation IRman infrared receiver so you can control your MP3 player remotely. I couldn't live without it.

    Oh, back to copy protection.. I was unable to play or rip that CD with any of the computers that I have at home. I tried various ripping programs, but none of then did the trick. They didn't even recognize that there was a CD in the CD drive. My regular Technics CD player played the disc just fine, along with my DVD player in CD audio mode (this was somewhat surprising). Computers were completely unable to play the CD. Yes, the CD does have the Compact Disc digital audio logo on it. Or actually, it's "Compact Disc digital audio TEXT". However, that additional "text" part hasn't stopped ripping some other CDs that I have. The actual reason why the CD didn't want to cooperate was most probably the fact that it had a nice "SACEM/SDRM" logo right next to the Compact Disc logo. You can see an image of the CD here if you're interested about the details. Unfortunately the image quality isn't very good as my scanner is kind of old and the print quality on the CD itself leaves something to be desired.

    Fortunately, a friend of mine at work had the same CD without the copy protection scheme applied so I was able to encode that troublesome CD to MP3. Seems like they released a few copy protected CDs to test how the consumers would react. Both of those CDs were manufactured in Austria.. go figure.

    Well, at least I know I'll have to be more careful the next time I go shopping for CDs.. I would have most probably returned the CD if I had found some non-computer device that was unable to play the CD, but as I found none, I guess I'll just keep this as a reference in case someone asks my opinion about copy protected CDs. You can bet I won't buy another CD that won't let me encode it to MP3s.

    --

    Follow your Euro bills at EBT
  50. Re:Money and Political Action by Alioth · · Score: 5, Interesting

    Political action can have results - even with the money.

    Here's a little story. It might seem off-topic at first, but keep reading. After September 11th, despite the fact that general aviation had nothing to do with the terrorist attacks, GA (specifically, the smallest and least harmful aircraft involved in aviation) were grounded for a LONG time (on the order of two months).

    The airlines and many politicians have always wanted to get rid of light planes. They are considered a "nuisance" - and this was a way to take our freedoms away (despite the fact the FAA wanted to have GA flying again two days after Sept. 11 since the FAA knows that an aircraft weighing less than a compact car isn't a big threat).

    What's this got to do with encryption, the RIAA, MPAA, SSSCA (or whatever they renamed it to this week?)

    Political action worked for GA. There are only about 300,000 active GA pilots in the entire country - i.e. about the same as the total number of Slashdot readers. AOPA organized a day where all pilots would call up their local congresscritters - all on the same day.

    Every representitive's office in the country got HUNDREDS of calls on the issue of VFR pilots still remaining grounded. They were still getting calls the next day. And the next day.

    Very quickly, the issue was a hot topic. Not long after that, the restrictions were pretty much totally dropped.

    Slashdot has at least as many regular readers as aopa.org - and this issue has MANY more than 300,000 people interested in the SSSCA (or whatever it's now called) being passed as law.

    So it's time for political action. Slashdot should do the same as AOPA did - organize a single day where everyone calls their local representitive and spells out this issue. A few hundred thousand phone calls from voters and they WILL listen. It worked for AOPA and GA pilots - it should also work for us!

  51. Having to agree to be bound to a contract? by w3woody · · Score: 3, Insightful

    Is the RIAA on drugs, or do they realize that one of their biggest targets, those under the age of 18, are legally not able to be bound to a contract, license or other legal instrument?

    Keep this up and they may as well force their resellers to prohibit the sale of music CDs to minors. Boy, wil that help their bottom line! (NOT)

    1. Re:Having to agree to be bound to a contract? by kindbud · · Score: 2

      Cluetrain: Minors can be bound by statute.

      --
      Edith Keeler Must Die
  52. Roger Ebert a smart guy? by anon757 · · Score: 2, Interesting

    If you haven't checked out his other collumns, you should. He seems to be a smart guy.
    In this one: http://www.yil.com/columns/column.asp?columnist=eb ert&date=011001&page=01
    he explains why forwarding virus warnings, urban myths etc is a bad idea, and even explains why sending HTML formatted email is bad.
    And this one...
    http://www.yil.com/columns/column.asp?colu mnist=eb ert&date=010801&page=01
    he speaks out on the demise of Yahoo's Adult clubs.
    And ...
    http://www.yil.com/columns/column.asp?columni st=eb ert&date=010101&page=01
    privacy issues at Amazon.com
    It almost sounds like he's just a regular geek who likes to watch movies.

  53. Stupid people that realize they've been had are... by Svartalf · · Score: 2

    ...dangerous people. They do unpredictable and sometimes violent things when they twig onto the fact that they've been duped.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  54. Local Music Anyone ? by Master_Wu · · Score: 2, Insightful

    There is another way to "fight the man" and resist forced content, at least if you live in, or have access to a decent sized city. Go see a local band, and support musicians in your town. Most sell their cd's on the cheap, or give them away at shows --- they're just happy to have bodies there in the first place. Even if all the copy protection and content control issues are taken care of, you're still supporting Big Music by buying the CD's they offer to you. They've had control of music and musicians for years, feeding us the hits and bands they want us to hear. If you really want choices, why not try to find some in your neighborhood ?

    --
    Wine, music and cinema are the three great creations of humanity. -T'Ian Han
  55. How the record companies think. by JustAnotherReader · · Score: 2, Interesting
    This weekend we had a friend of ours over for dinner. She works for a record company and her husband works for a different record company.

    We were talking about the latest RIAA atrocities and I offered up my oft-repeated idea of a new record company that's founded with the idea of "Don't screw the artist, don't screw the customer". The foundation of this idea is:

    • The artists keep the rights to their music. There's no reason a record company needs to own the music it distrubutes. They can easily have a distribution only contract with the artist.
    • CD's should sell for $10. If the big record companies won't give up their bin space at Tower and Sam Goody then go to an all internet sales business plan.

    My friend responded to my idea this way: "But if we don't screw the artist and we don't screw the customer, then WHO ARE WE GOING TO SCREW?"

    She went on to say "I'm joking of course. but that's how the record companies think. It is completly foreign to them to think that they can make more money by giving up their iron fisted control of the medium. They absolutly believe that if they don't control every aspect of the recording, distribution, promotion, and sale of "their" music then their business will collapse."

    This is why the RIAA is not swayed by studies that show that people who describe themselves as "avid Napster users" buy 4 to 6 times more CD's than the average consumer. This is why they don't understand why record sales are this year are 43% of what they were when Napster was alive. This is why they think that Tower records sells more Recordable CDs than pre-recorded CDs because of "piracy".

    They don't realize that the reason we're not buying albums is because THE MUSIC SUCKS! I'm sorry but I really don't want to buy any CD by Britney or Cristina or N'Sync or O'Town or any other headphone wearing pop icon manufactured band. And oddly enough, even when they shoot themselves in their own wallet (like when Capitol paid Maria Carey upteen million dollars to "Get The Hell Out Of Our Label") then they STILL don't get it.

    So don't be surprised if these articles fall on deaf ears at the record companies. Remember what guitarist Adrian Legg says about record company executives and deafness: "It's actually quite a benefit for them as it allows them to make sound business decisions without being distracted by something so trivial as the tunes".

  56. If it becomes a war on piracy, you'll find... by Svartalf · · Score: 3, Insightful

    ...that the situation with the MP3 CDs will be the same as the drugs, unfortunately.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  57. It's bad karma to be mean to a Deadhead by burris · · Score: 2
    The parent post is not exactly true.

    Take things back three decades or so, when the Dead toured the country, bopping from city to city as a corps of hardy fans followed them around, taping their music and swapping the cassettes among other die-hard fans.

    At first, the band didn't like it. They cracked down on fans, admonishing them that anyone caught recording live shows would be booted out.

    "We assumed they were stealing our intellectual property," says Dead lyricist and road manager John Perry Barlow. But then the musicians shrugged, figuring they weren't in it for the money, Barlow says. (Which was convenient, considering that they weren't making much cash.)

    "We figured it's bad for your karma to be mean to a Deadhead," Barlow says.

    Taken from a washington post article archived on rapstation.

    The dead's popularity didn't really start spiralling out of control until they released an MTV video in '88 surprisingly enough.

    burris
  58. I'm not a thief. I'm a customer! by netringer · · Score: 2, Interesting
    Dan Gillmore: I'm not a thief. I'm a customer. When you treat me like a thief, I won't be your customer.
    Right On! This my major peeve! Why should we do business with an entity that begins the relationship with an insult? They insult the customer's integrity when the truth is that they're the one who are lacking.

    Two examples: 1) I WILL NOT shop at a CDW location because they INSIST in order for you, the customer to enter, that you turn over your bag with YOUR valuables (cell phone, PDA, laptop? $2000 worth?) to a minimum wage shlub in a cheap uniform. I actually had one say to me,"You have to GIVE ME YOUR STUFF if you want to BUY SOMETHING!" I declined that deal and took my money elsewhere.

    They practically strip search you on the way out after you buy something. (AFTER you pay, you have the items and the paperwork reviewed by the security guard before you get YOUR stuff back.)

    BTW, CDW, my Fortune 50 employer would OK my purchase of a lot of stuff from you. I don't purchase from you. You keep telling me you think I'm a thief.

    2) I just wrestled for three weeks with a brand new Directv/TiVo that insisted the Directv access card wasn't valid. It had a bad card reader but it took a attempted card replacement to figure that out. I BOUGHT the thing. As a customer I was arranging to PAY for the service but I couldn't convince it that I wasn't trying to steal.

    I walked out of a CD store because of similar "strip search" policy. I had already decided to slow down CD purchases since they're overpriced and now copy protected.

    I also hate it when you have to fight with some scheme to activate software that you bought. They need to be less concerned with the possibility that we will use the product without paying for it and more concerned that we want to use the product at all!

    We HAVE TO refuse to do business with companies that assume we're thieves!
    --
    Ever dream you could fly? Get up from the Flight Sim. I Fly
    1. Re:I'm not a thief. I'm a customer! by Pig+Hogger · · Score: 2
      I walked out of a CD store because of similar "strip search" policy.
      Right on! Each time I`m asked to leave my stuff in the counter, I just say no. If they insist, I ask why.

      Inevitably they say it`s `store policy`. I counter with `Well, if you assume I`m gonna steal from you, I guess I don`t deal with people who assume I`m gonna rip`em off. Since you don`t trust me, why should I trust you?`. All very loudly, of course.

      And then I finish off with `What would you say if the Tax Department would aks you to give them all the money you make every day, and they`ll give you back what was not owed in taxes, just to make sure you don`t cheat on your taxes?`. They look pretty stupid. But, again, they`re not used to have their customers criticize them...

    2. Re:I'm not a thief. I'm a customer! by Muad'Dave · · Score: 2

      I always thought witholding was a clever way to hide just how much we pay in taxes. I'm sure very few people look at their gross pay - they just want to know what their 'take home' is. It's the same way with gasoline - don't tell anyone how much each gallon is taxed, and they won't complain.

      --
      Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
  59. Used CDs/DVDs RULE! by MsGeek · · Score: 3, Insightful
    As I understand it, if you buy a used CD, the right of first ownership applies and no money goes to the people you're boycotting.

    Exactly! Give that man a cigar, or a spliff, or whatever floats his boat!

    I will not buy new CDs unless the company that puts it out is NOT a member of the RIAA. I will not buy DVDs put out by signatories to the MPAA. This way, I do not have to deprive myself of the music and movies I like. It's great.

    Here are some places to check out:
    http://www.secondspin.com/
    http://www.half.com/

    And even more importantly: support indie music! Support indie movies! Create your own music/movies, then SHARE AND ENJOY!!! This is the real reason Big Media is quaking in its boots.

    --
    Knowledge is power. Knowledge shared is power multiplied.
  60. The RIAA is irrelevant by GooseKirk · · Score: 2

    I haven't bought a major-label CD in years. Plenty of indie stuff (that I've immediately ripped for my own use), but the RIAA members don't sell what I want, so I don't buy. I no longer want physical media. I hate physical media. I don't know about other people, but I have way too much media as it is - and being relatively young, single and mobile, too much stuff is nothing but a PITA when you move a lot. I just picked up a couple of DVDs today and thought, geez, I can't wait until I can rip these things to a gigantic mass storage device and ditch this useless, irritating physical packaging (I know I already can, but I want to rip 'em complete with all the features).

    I used to think that the media companies would have no choice but to offer a distribution model that would suit my needs, but I guess they don't plan on doing that. It's no one's loss but their own, and frankly, if they don't get paid and the artists don't get paid, then it's their own fault and I have very little sympathy. I'm perfectly willing to give them money. Just sell me what I want and don't treat me like a bitch, and you'll get paid... that's pretty much how this system works, last time I checked.

    But it looks like that isn't going to happen any time soon. In fact, if things keep going the way they're going, I predict a lot more people are going to feel this way, and that means one thing: opportunity! Ironically enough, a clampdown from big media might be just the thing that destroys them, because there will be creators who WILL offer what we want, how we want it. The more people who are driven to those alternatives, the better... so I say, let the RIAA do their thing. Worst case scenario: there will always be a hack for whatever they try. But the best case scenario?

    We'll route around them like damage, and we'll create new opportunities for creators and distributors.

    Either way, they're meaningless in my life.

  61. more effective than boycott? by TheSnakeMan · · Score: 2
    Something that might be even more effective than a boycott is this: everyone buys copy-protected CDs, opens them, returns them. Repackaging costs (if that's what they do with them) would be extensive, possibly making the record labels reconsider their copy-protection schemes. If they don't repackage and just chuck them, those costs would also be extensive, possibly making the record labels reconsider.

    Even using this scheme, though, there will have to be massive numbers of people returning these CDs for the record companies to take notice. But it's certainly easier for the record companies to take notice that people aren't happy this way.

    It's possible that a boycott just makes the record companies think people didn't like the music. By returning the CDs, the record companies will know that it's the technology that the consumers don't like.

    --

    They're putting dimes in the hole in my head to see the change in me.

  62. Re:Copy protection on CDs, but brainless streaming by Chris+Johnson · · Score: 2

    Um... this is Windows Media. What on earth gives you the idea it's not going to expire next week? Ask yourself why Warner _isn't_ using mp3 for this...

  63. Re:Nope, he just reads Doonesbury by RAVasquez · · Score: 2

    That current storyline bugs me, too. I feel a lecture coming on.

    But Alex could ask her dad the same thing she did for the anti-drug lecture: "Didn't you make dub tapes when you were a kid?"

    "Uh, yeah...but the weed's stronger these days -- I mean, the digital copies are better!"

    --

    --- Work, worry, consume, die. It's a wonderful life. -- Bill Griffith

  64. OK. I'll tell you by HiThere · · Score: 2

    Nobody should be allowed to make more than 1000 times the minimum wage.

    Reason: Excessive disparity in economic power is harmful to democracy.

    In Athens, where democracy survived (as opposed to lots of places where it didn't) the rich folk made about 50 times what the poor folk made. Well, we've got a larger civilization, and the hierarchy has more levels, so we need more degrees of stratification. But this is a power law kind of thing, so allowing 1000 times is actually being quite excessive. A real, unbiased, estimate of what would be best for the country would probably end up closer to 100 times.

    OTOH, that estimate for Athens was only for citizens, so women, foreigners, and slaves weren't counted. But then each of those (well, not the foreigners) was a weakness in the Athenian civilization. (Though allowing foreign slaves was a part of the trade-off for the forbidding of Athenian slaves, so it was also a strength.)

    I don't see any justification for asserting that it should be allowable to be unlimitedly wealthy. The imbalence of power is destabilizing.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  65. Treat me like a thief... by secolactico · · Score: 3, Interesting
    I'm not a thief. I'm a customer. When you treat me like a thief, I won't be your customer.

    Years ago (back in the 80's) I read an article in Reader's Digest written by a man that complained about how stores were treating their customers like criminals: making them check their bags at the entrance and later on with anti-shoplifting measures. He was saying something to the effect of never again going into such a store. Today, he would have a very difficult time finding one he could still go to.

    Just as nowadays we are completely used to those detectors they put at the door and the tabs that stain clothes when removed, we might grow used to copy protection in our cds if we don't take action now. The next generation will take these measures for granted.
    BTW, anti-shoplifting measures are a good thing (imo) as long as they are not intrusive to the customer.
    --
    No sig
  66. WRONG by possible · · Score: 2

    You are missing the point. The DMCA and its relatives will make it illegal to circumvent, or enable the circumvention of, any copy protection device.

    So it isn't just about the record industries not making fair use EASY -- it's about them making fair use ILLEGAL -- which certainly compromises our right to fair use, doesn't it?

  67. Are you in the CD music biz? Know your customer by Kris_J · · Score: 2
    Here's a free statistical point. Normally you have to pay someone for these.

    I have no normal CD player hooked up to my HiFi. If I want to play a CD through my 5 speaker Dolby Prologic Yamaha system I have the choice to put it in a; Sega Mega CD, Sega Saturn or Sega Dreamcast. My Playstation is in storage. The CD drive on the Wintel PC I have connected to the system has recently failed. I have a secondary set of speakers that can be (but aren't usually) connected to an external PCMCIA CD drive connected to my portable (Wintel) PC. Mostly they're just connected to the PC. For listening to portable music I have an old Diamond Rio Special Edition (which I mostly use to load Atari 2600 games through a Cuttle Cart), the Ericsson MP3 handsfree kit, a brand new Imation RipGo! 8cm MP3/WMA/CDA player / CD burner hybrid (yes it does play normal 8cm singles) and finally an normal old Sony Discman.

    Please note that any CD I purchase that doesn't play on a CD-based video games console is likely to be returned as faulty.

    While I'm posting this I just want to make a request. Please start releasing singles in that cute 8cm format again.

  68. He Won The Pulitzer Prize by Schwarzchild · · Score: 2

    or so he says. Plus I believe that he wrote some cheesy script for one of Roger Corman's movies back in the 60's. He certainly has a history!

    --

    "sweet dreams are made of this..."

  69. Re:OK. I'll tell you by Have+Blue · · Score: 2

    So how do you plan to go about this? Pass a law mandating a maximum wage? Order people not to work as hard? Have some sort of "rich police" that goes around and confiscates the property of anyone deemed too far above-average?

    If you're willing to work hard and you're good at what you do, no one else has any right to tell you your upper limit, so long as you stay within the rights of others as well.

  70. Universal is brilliant! by statusbar · · Score: 2

    They will experience loss of sales due to the crappy copy protection scheme.

    Then they will blame the losses on unlawful copying and distribution of their music!

    They can use this as evidence in the future to promote the SSSCA or whatever new bill they want!

    --Jeff

    --
    ipv6 is my vpn
  71. They're not playable in computer based players. by Svartalf · · Score: 2

    They're set up so a CD-ROM or DVD drive won't read them right. That means you need to go to that trouble to begin with to copy- they thought about your end-run and crippled it.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  72. Roger Ebert ages like fine wine by hyacinthus · · Score: 2

    I think much the same thing as you, only I came to the conclusion a bit differently. I first learned about Roger Ebert a few years ago through his online reviews at the Chicago Sun-Times website, and I came to admire him very much; he was (usually) a very lucid writer, and always had something intelligent to say about the movies he reviewed. And, importantly, he seemed to try at all times to enjoy all the movies he watched. He usually managed to find something good to say, even about a movie he didn't particularly care for. He was very different, refreshingly different, from Pauline Kael and all of her third-rate imitators, who always tried to outdo themselves in finding clever put-downs and insults about the movies they reviewed. Occasionally some movie would not sit well with Ebert, and he'd give it a rare one-star (or even no-star) review; his review of Rob Reiner's North is a classic in this regard.

    But then I found older Ebert reviews, in old editions of his books and so forth, and I was impressed by how bad they often were. Just to pick an example, somebody track down his original review of Hal Ashby's Being There from twenty years ago, and then compare it to the recent review of it he wrote for his "Great Movies" column on the Sun-Times website. Ebert has definitely improved with age.

    And he's lost some weight, too.

  73. All it'd take is ONE slightly greedier player... by Svartalf · · Score: 3, Interesting

    People aren't buying anywhere near as much stuff as they used to. If you have everyone selling at the same price, but have a lower floor, all it'd take is someone to shave into their markup some to undercut the competition and sell a LOT more product (remember, selling product is their goal- so they're going to price things according to how much they think they can gouge out of you...).

    What makes more money? One $18 CD with a $12 margin or 3 $10 CD's with a $5 margin... You're more likely to see more purchases with the lower cost; if you can balance things right you can make more money by selling for less.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  74. No copyright protection for recorded music! by Animats · · Score: 3
    It's time to really fight back. Crank up a movement to get Congress to deny copyright protection for recorded music. Why? Because it interferes with innovation in a more important industry, computing.

    The music industry is dinky. The entire industry does about $13 billion a year in revenue. Compaq alone is twice as big as the entire music industry. IBM is six times as big. Yet the RIAA is trying to dictate product design to the computer industry. The tail is wagging the dog here.

    Congress can control what is copyrightable, and for how long. It's time for the computing industry to tell the RIAA where to get off.

    Musicians can still make money. They can still tour. Appear in films and TV shows. Endorse products. The big names will still make big money. Just treat recordings as a promotional item, like radio. People will still buy CDs, although the prices will drop to slightly above manufacturing cost. Yes, recording industry margins will decline. Is that a real problem?

  75. Re:OK. I'll tell you by bfree · · Score: 2

    Well I would plan to do this by making the tax rate a log scale so that by the time you reach 1000 times the base level you are being taxed at 99.999%. In fact I would only "allow" people to earn up to 100 times the planetary average wage (yep you got to factor in all those chinese and african paupers) and I would be redistributing the taxation wealth based on "national" average wages so all you Americans would be forking out huge chunks of your money. Bet you that's popular with the capitalists here! (p.s. I'm Irish so I'd expect to become a lot poorer overnight also if this was enacted).

    --

    Never underestimate the dark side of the Source

  76. Theres more to RIAAs fight that what you hear by objwiz · · Score: 2, Interesting

    The RIAA and media companies are using this idea that people of violating copy rights to mask the real objective of their proposed legislation.

    Their real goal, is to force independant artists (musicians, videographers, filmmakers) to have to use the big name media companies to get their work to market. The big companies cannot stand the fact that independant artists can produce Hollywood grade material and get it to market without them.

    That's what this is really about. They've chosen to use the copyright issue because they feel the general audience (consumers) can understand
    such a topic but that consumers would not support such drastic measures if the truth was known.

    The people that will feel the suffering the most should all of this crap pass with be those independant artists you find at places like Atom Films or MP3

  77. Roger Ebert, you rule. by jhines0042 · · Score: 2

    You can even get my +1 bonus point on /. Roger for me telling you that you are cool. Because frankly, it takes ballz, giant brass ballz, to stand up and say what you just said.

    --
    42 - So long and thanks for all the fish.
  78. Actually, I still have that CD :-) by BLKMGK · · Score: 2

    I care about the sound not who's singing it. In the case of that CD there were a few songs I liked and I saw no reason to return it just because the guys up front weren't the ones singing it. The music still sounded good and I get a chuckle out of the twits on the front cover art. Maybe it'll be collectible one day? (rolleyes)

    Often times I can hum a few bars of a tune I like and remember some of the words but there's no way in heck I know what silly artist it was that sang it! This makes using P2P services a PITA since I actually have to know something about the artist or song title in order to find the music. Those TV commercials where they play the song and scroll the artist\title up the screen are awesome, I scribble down the info as fast as I can sometimes. I've honestly not bought a NEW CD in about 5 years now. If I buy a CD it's always a used one from a local store. The RIAA doesn't get my cash and I get a perfectly good working CD for far less than the extortion they attempt to charge at the record store.

    Sad, I can remember driving quite a ways to the record store when I was younger and my favorite store wasn't close by. I was willing to do that then and I spent a good bit - now I refuse simply because I've realized what crooks these guys are. And that used CDs sound just as good :-) I guess I and others like me are the RIAA's worst nightmare huh?

    Most of my MP3 collection, all 10+gigs, came from my own CDs. Took me 40+ hours to rip it all. The rest I've gathered from friend's collections and from P2P. It's not usually as well done as the RIPs I did myself and sometimes sounds awful when put back on CD. I've got an Alpine MP3 player for the car that I'm hoping will make using MP3 easier. I never play one of my old original CDs anymore, they're now packed away for safe keeping. I listen to nothing but burned MP3 these days....

    --
    Build it, Drive it, Improve it! Hybridz.org
  79. Re:Marillion, DIY, and the missing element by FacePlant · · Score: 2
    I'm a marillion fan. I donated to that concert fund. What they've done as an indy is great. But lets add a few facts to the mix.


    The concert fund was a fan's idea and completely fan administered. By the time this all came about, marillion was on their 9th or 10th studio album and had already released a double live set. All presumably with Record Label Marketing money getting them advertised and trying to get them some airplay. They had a rabidly loyal, internet savvy fanbase, built up from years of recording and touring.


    Now they have a worldwide audience, and can cut out the old middlemen.


    I love them, but they had over a decade invested with labels before they went indy.


    Without major maketing dollars, you don't have the clout to get on the major outlets (video channels, radio stations, etc). You just have to hope word of mouth gets you a fanbase. Then you're back to how it was before MTV. Start out local, build to regional, hope somebody notices. All the while having to finance your own recordings, promototion, etc.


    Evey band can't be Metallica or Marillion. Find a way to make independent promotion via the net work, and you've got something. There's an entire industry devoted to making your web page be first in a search engine's ranking. What's the analogy to indy music promotion? How do you get your music heard?

    --
    My Heart Is A Flower
  80. Re:Open Source Music by spitzak · · Score: 2
    No, it can happen. Recordable CD will become a data storage medium. With new DRM Windows it will be impossible to get data from a CD to a sound card, thus this is not a playable device and thus not outlawed. All the leftover machines that can play recordable CD's will gradually break and people will throw them out because they cannot play any new music.

    Of course piracy helps the music industry, we all know that, and they know that. The attacks on piracy are just a front to hide their real intentions. What they want is pay-per-play and they want to outlaw the ability for people to distribute entertainment without a contract with them, and they are using piracy as an excuse to force this vision through.

  81. Re:Ebert, You Misogynist!! by BurritoWarrior · · Score: 2

    Wow, modded twice as a troll. Who would I have been trolling for? Does Roger Ebert read slashdot?

    I guess nobody around here has the ability to detect sarcasm.

    Phooey.

  82. Re:Marillion, DIY, and the missing element by FacePlant · · Score: 2

    Thanks also for correcting my factual inaccuracies (my wife is reading "Next" so I couldn't get to it to check the story, though I think I got the gist of it correct).

    You did. I was lucky enough to be there. It was a great time to be a Freak (a non-pejoritive for a Marillion fan). They even financed their next disc by preselling over the internet. They said that they raised more money in presales than they ever got as an advance from any record company, and that by DIYing the whole thing they made all the profit from the disc instead of 10p per unit.

    Everybody who preordered got their picture on the liner, and they called the cd marillion.com.

    I saw the TV adaptation of "Next". It was way cool to see Marillion featured so prominently.

    I was at a Bears concert not to long ago, and I heard a tune over the PA pre-show that I really liked. We asked the sound guy, got the artist's name (Mike Kineally) and the song title (Live in Japan). Next day we got the MP3 of the song from Amazon. Now I can listen for a while, and later, maybe I'll decide to buy one of his CDs.

    I still don't know anything about him, and I haven't listened to any more of his tunes (I'm a busy guy), but he's one of the top slots on my "music to explore as time permits" list.

    I'm not shelling out for a CD that I have not listened to yet, and I don't have time to listen to the CD at the record store. I need a try before I buy solution, and I will buy what I like.

    The record companies are kneekapping themselves by not selling singles, under the misguided idea that it cuts into album sales. Of course, from their point of view. If N'sync's new single is available, then the teenyboppers won't buy the CD and they won't make as much profit. Since they loathe to put more than two good songs on any CD, it is their inablilty to price singles such that 2 singles equals more profit than one full length CD. Bad business is bad for business. I'm sure their astounded when a cd has more than two hits.

    In conclusion, I don't think the problem is big label versus indy label. It is the business practices of the label(s). Rober Fripp writes on this topic in the liner notes of all of the CDs releases on his Discipline Global Mobile label.

    --
    My Heart Is A Flower
  83. Major Labels (was Re:Marillion, ...) by FacePlant · · Score: 3, Informative

    Didn't know there was a tv adaptation of "Next". Do you happen to recall when you saw it & on what channel? I'd like to see it.

    I'm going to say that I swaw it a couple of months ago, and it was either on public TV, or on the discovery channel.

    I think it more likely that the bands can typically only come up with one or two good songs in the time frame they have to record an album. I'm not a musician though, so the whole creative process there tends to amaze me anyway

    That may very well be. But I've heard guys like Dwight Yoakum talking about how his record contract says he can only put 12 songs on a disc, and that he had to pay his record company to put out a 14 song disc. It looks like the record companies are not much into supplying value for the money we spand.

    The label's business is selling "units". music on a physical medium. They don't make money unless you buy the media from them, and they aren't smart enough to figure out how to make money using a software licensing model.

    They were in a position to be the only ones with enough resources and access to get records made, and they exploited that fact for a long time. They are losing their grip on their market place, and those in power never give up without a fight, and they'll fight dirty as necessary.

    --
    My Heart Is A Flower