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Bertelsman Seeks to Buy Napster

jbc writes: "SF Gate is one of several places carrying the story that Bertelsman, which already invested a significant amount of money in Napster, is now looking to buy Napster outright. This is based on an interview with Bertelsman CEO Thomas Middelhoff that was published last week in the German newspaper Die Welt."

170 comments

  1. Sure, go ahead... by Kid+Zero · · Score: 5, Funny

    You can have it, we're finished playing with it by now. :)

    1. Re:Sure, go ahead... by j-turkey · · Score: 2, Insightful

      FWIW, there still is some brand equity left in the Napster name...weather or not the service sucks is not the question (we already know this much). Maybe its not an entirely stupid purchase.

      -Turkey

      --

      -Turkey

  2. Big deal. by Anonymous Coward · · Score: 0

    What is the point? Buy it and lose money?

  3. Napster? by ZaneMcAuley · · Score: 0, Redundant



    How many users use Napster nowdays? What is left to buy if the userbase has left?

    --
    ----- Whats wrong with this picture? http://www.revoh.org:1234/whatswrong
    1. Re:Napster? by Anonymous Coward · · Score: 1, Insightful

      What is left to buy if the userbase has left?

      the brand name. geeks may have long since forgotten about napster, but there are plenty of middle-aged pc-literate consumers who haven't.

  4. who cares by koekepeer · · Score: 0, Redundant

    see subject. how many people do they expect to pay for music downloads? pay-per-hear/view is a stupid concept, and won't work as a business model for bertelsmann/napster.

    just my 2eurocents

    1. Re:who cares by gewalker · · Score: 1

      You mean XM radio is a complete failure, where users are unwilling to paid for commercial free music feeds? Why would consumer be unwilling to pay for feeds that are commercial free and consumer has complete control over the content?

      Consumer is unwilling to pay too much for music rental, not against it in principle. Won't be as popular as Napster used to be because of the difference in price.

    2. Re:who cares by Anonymous Coward · · Score: 0

      You mean XM radio is a complete failure
      Probably, but it's too soon to tell.

    3. Re:who cares by gewalker · · Score: 1

      You seem to have an odd view of a complete failure. In the first 8 weeks it was available, there were 30,000 subscribers for XM. These people had to pay $300+ for the XM receiver as well as the $10/per month subscription fee. Have no idea of current subscriber base.

      Granted, that $300K/month is not even close to enough to keep XM-Radio afloat, this does not imply complete failure of the music-rental business model. In fact, it is direct evidence that it could be successful, provided the economics are right.

    4. Re:who cares by Tackhead · · Score: 2
      > You seem to have an odd view of a complete failure. In the first 8 weeks it was available, there were 30,000 subscribers for XM. These people had to pay $300+ for the XM receiver as well as the $10/per month subscription fee. Have no idea of current subscriber base.

      76,000 as of Apr 1.

      Of course, you seem to have an odd view of success. When KPMG said, on March 19, 2002 that XMSR's need for additional financing "raises substantial doubt about our [XMSR's] ability to continue as a going concern", the stock dropped 13%.

      > Granted, that $300K/month is not even close to enough to keep XM-Radio afloat, this does not imply complete failure of the music-rental business model. In fact, it is direct evidence that it could be successful, provided the economics are right.

      Sure, anything can be successful, provided the economics are right.

      1) We spend gazillions of dollars building a satellite radio system,
      2) The economics become right!
      3) Profit!

      As you correctly point out, their current revenues aren't even close to keep 'em afloat. Given how far away they are from profitability, I'd say that's an indication, not that it could be successful, but that the economics are wrong. How wrong? Well...

      They project that they'll end the year with 350K subscribers. But even $3.5M per month - call that $50M/year - is a far cry from profitability when you're spending >$280M/year (indeed, $130M in last quarter of 2001! $53M on sales and marketing, $40M on operating costs!) to keep the business running.

      Source: XMSR 4Q announcement

      Let's see. It cost them $135M to run the network last quarter. They took in $500K in revenue - $245K from subscribers, $294K from advertisers, on 27000 subscribers. *giggle*

      They have about $200M in the bank.

      If it costs them the same $135M to run it this quarter (1Q02) and they had 76000 subscribers, then I'd be hard pressed to see them get more than triple that. But I'm feeling generous - so let's quadruple the revenue - that's still only about $2M of revenue. Hey, double it to $5M for all I care.

      If my guesses are right, that leaves 'em with $200M - 130M = $70M in cash as of April 1st.

      In a business that's costing them $130M per quarter.

      Unless I've grossly overestimated the business model (but "system operating costs" and "sales and marketing" don't look like one-time startup costs to me), or grossly underestimated subscriber growth (as in, by an order of magnitude - but even 350,000 subscribers at my generous $22/month estimate will only give $23M per quarter), XMSR will have to get more financing (issue more stock, get a loan, issue bonds or convertible debentures) before summer, or they'll no longer have the cash to pay the bills.

      We'll find out in a few weeks when their first quarter report comes out.

      Personal opinion - XMSR is cool tech. Sometimes, being first to market with new tech is an advantage (Amazon, eBay). But other times, particularly in industries with high startup costs, it can kill you (ILEC-vs-CLEC, all the dead DSL companies, and now most of the telcos). The early bird may get the worm, but the second mouse gets the cheese.

      As always, do your own due diligence. I have no position (long nor short) in XMSR. The ramblings of a geek on Slashdot are no substitute for professional investment advice.

    5. Re:who cares by Anonymous Coward · · Score: 0
      raises substantial doubt about our [XMSR's] ability to continue as a going concern

      Hmm, last time I heard those words, PSINet was going down the toilet. Do they have a buyer for the US assets yet?

  5. Oooh, the Germans are mad at me, I'm soo scared! by nomadic · · Score: 4, Funny

    It'll probably end up like that Simpsons episode where Germans buy the Springfield nuclear plant from Mr. Burns, then when they realize it's completely broken down and profitless, they're forced to sell it back for a fraction of what they got it for...

  6. Easiest way to ensure Napster's legality by Dead+Penis+Bird · · Score: 4, Interesting

    By owning it, Bertlesmann can easily enforce the licenses on any BMG artist. With a label owning Napster, it lens it some legitimacy, and other labels may follow suit and sell licenses for their artists as well.

    An interesting experiment, indeed.

    --

    If I weren't nailed to the penis, I'd be pushing up the daisies!

    1. Re:Easiest way to ensure Napster's legality by Anonymous Coward · · Score: 0
      With a label owning Napster, it lens it some legitimacy, and other labels may follow suit and sell licenses for their artists as well.

      *fart*

    2. Re:Easiest way to ensure Napster's legality by tapin · · Score: 1
      Yes, but by owning Napster, Bertlesmann also accepts liability for it.

      In other words, the other major labels (if they're still interested -- I don't know what they lawsuits have been doing lately) could effectively sue Bertlesmann -- and Bertlesmann has a bit more at stake than Napster did to simply declare bankruptcy or send out "Sorry, your investment returned nothing and now we're dead" letters.

      Frankly, I'm surprised by this move. Bertlesmann was already pretty much single-handedly funding Napster, thereby exhibiting a large amount of pressure as to Napster's next few moves, both technology- and litigation-wise. About the only thing Bertlesmann didn't already own was the liability aspect. I'm not sure why they'd bother to put "Sue Us Now" down in blood, at this point. Seems quite silly to me.

      Unless of course they're planning on rebranding Napster as "MyPlay2".

    3. Re:Easiest way to ensure Napster's legality by Asgard · · Score: 2

      Wouldn't some sort of wholely-owned subsidary structure shield the parent company from incurring liability past it's investment in Napster?

    4. Re:Easiest way to ensure Napster's legality by jred · · Score: 1

      I'm not sure how well Bman plays with the other kids, err, labels, but it's possible they have deals already set up. If *I* were a big label, & I wanted to break into the online distrobution biz, I'd buy into it. But I'd make sure I had deals with the other labels, either "I won't sue you for my content on your networks if you won't sue me", or they've got some interoperability plans set up, which is not likely.

      --

      jred
      I'm not a mechanic but I play one in my garage...
  7. Perhaps? by tacokill · · Score: 3, Interesting

    Perhaps Bertelsman is taking a different strategic view of what is going on? They see the "other 4" going down an increasingly miserable road and decide that they are going to differentiate themselves by trying a sort-of napster like model (where piracy becomes a cost of doing business - like software). That's my guess.

  8. Money by KDENCE · · Score: 0

    He will be buying a different company. Napster as we know it is officially dead and now they are seeking alternate ways to squueze juice(MONEY) out of the name. Yes, you can still dload music but for a price, defeats the purpose doesn't it?

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

      Yes, you can still dload music but for a price, defeats the purpose doesn't it?

      Not exactly. If all music was reliably aquired and sounded good all the time it might be worth it. If you have any kind of broadband connection at all you probably know you can download and burn entire albums faster than you could be at a music store (unless you live beside a music store or something).

      This could have merit for some people.

    2. Re:Money by KDENCE · · Score: 0

      I agree mostly, but who wants to pay the same amount of money for a cd you make yourself? I want the literature, the artwork, and all that kool stuff (that is assuming we would pay the same price), however, if it is for half the price or even partial price then it will be worth while. It is like the Tide refill containers, they cost the same price as the regualr containers, which will you buy (please no Save the Earth answers)?

      Look into it man, I think that the way Napster will go is not going to allow you to do what you are saying instead you would have a Napster playable only file. So that is way not worth it!

      To restate what I said before, it is just trying to squeeze some of my hard (LOL) earned money out of me for the sake of a record company and in return I get useless goods.

      "Entertain the Brutes"

    3. Re:Money by CashCarSTAR · · Score: 1

      Napster's dead baby. Napster's dead. Being able to find RIAA approved song X on-line, quite frankly is a minute thing. What I'm interested in is the songs that for the most part NEVER crosses that line, and likewise, presence on a Bertelsman-run Napster would be unlikely. What I used Napster for is a combination of unreleased material live "bootleg" recordings and indy music. Things that the RIAA for the most part have no control over. I did use Napster as on-demand radio at times sampling new music, then either rewarding the artist and deleting and I used Napster in-lieu of a MP3 ripper on my old 166 computer, too slow for a good rip, but could run Napster. (Which I need no longer) There's more at stake than copyright in this matter. P2P threatens to break the monopoly the RIAA and its clients have on music inside the US. That's the major issue here.

    4. Re:Money by kz45 · · Score: 1

      agree mostly, but who wants to pay the same amount of money for a cd you make yourself? I want the literature, the artwork, and all that kool stuff (that is assuming we would pay the same price)

      Doesn't this prove the point of the RIAA. IE: pirates only wanting something for free.

      You don't "create" the music at all, you are merely copying it from someone who put their hard earned money into producing it: artists and or record labels.

      To restate what I said before, it is just trying to squeeze some of my hard (LOL) earned money out of me for the sake of a record company and in return I get useless goods

      really? useless goods? Then why download it for free if it's so useless.? because you're greedy. 1000 times more than any record company. At least they aren't coming to your house and directly taking money out of your pockets by force.

    5. Re:Money by KDENCE · · Score: 1

      What's your point righteous one? I am glad that I have found the one person in this world who doesn't cheat anyone, wow what a priviledge it is to even be on this forum with someone like you.

      Give me a break fella, first of all pirates do want things for free that is why they are pirates. Second, artists get money from their creation? Nope, I really don't think that the 3 or 4 cents cut on a sale of a cd is hurting them at all. If you side with RIAA realize that you are siding with an empire that has STOLEN individual artists rights to their own art, work, creation, or whatever you want to call it. Do you really feel this way or are you wanting to impress yourself with your comments?

      In regards to the greedy part, glad you feel that way, however I am most glad that you have taken the time to measure how much greedier I am. What are you a five years old? Does your mom know that you are on this late at night?

      Side with the record company and no one wins.

      Can't believe I wasted my time replying to your message, but oh well I guess it had t be done.

      "Entertain the Brutes"

    6. Re:Money by -brazil- · · Score: 1
      Looks more like you are the five year old... If artists get no money out of their contracts with the lables, why do they sign them in the first place, huh?


      Not that I like the behaviour of the RIAA or don't think that the whole business could be arranged much better, but the "I want everything for free!" faction IS hurting the artists, IS acting purely out of greed and quite pathetic with their oft-repeated flawed justifications.

      --

      The illegal we do immediately. The unconstitutional takes a little longer.
      --Henry Kissinger

    7. Re:Money by KDENCE · · Score: 1

      Hey man, I fell into a trap by answering your post last night. Not his time bud. Have fun and flame elsewhere!

      "Entertain the Brutes"

    8. Re:Money by kz45 · · Score: 1

      If you side with RIAA realize that you are siding with an empire that has STOLEN individual artists rights to their own art, work, creation, or whatever you want to call it.

      really? did that happen between the legal contract that was signed with the artists and the music that is recorded, produced, and promoted through their studios?

      In regards to the greedy part, glad you feel that way, however I am most glad that you have taken the time to measure how much greedier I am. What are you a five years old? Does your mom know that you are on this late at night?

      great way to defend your statement. Insults will get you nowhere.

      Side with the record company and no one wins

      Are the record companies breaking the law? yes
      Are they passing Unfair laws to which I am against? yes
      Do I feel they should have their intellectual property rights taken away? no.

    9. Re:Money by KDENCE · · Score: 1

      I replied this to someone else who I thought was you: "Hey man, I fell into a trap by answering your post last night. Not this time bud. Have fun and flame elsewhere!"

      Well, take what is yours!

    10. Re:Money by kz45 · · Score: 1

      I replied this to someone else who I thought was you: "Hey man, I fell into a trap by answering your post last night. Not this time bud. Have fun and flame elsewhere!"

      Well, take what is yours!


      I know, I saw it.

      Does that mean you're admitting im right?

      heh.

    11. Re:Money by KDENCE · · Score: 1

      Whatever helps you sleep at night man!

  9. Napster is yesterday's technology by ltsmash · · Score: 1

    Napster served a point at one time to show the world that mass-user file swapping technology is possible, but it's obsolete technology. It's like wanting to buy Windows 3.1. File-swapping software has evolved.

    1. Re:Napster is yesterday's technology by Anonymous Coward · · Score: 0

      Outrageous! It's like somebody selling a new product for OS/2.(http://slashdot.org/articles/02/04/07/183205 . html?tid=136)

    2. Re:Napster is yesterday's technology by awfar · · Score: 1

      Hmm, I agree. How many people -know- about other options? Many only know of Napster (I just talked with a 16 year old and did not know there are other options). Another thought; the Industry heavys would NEVER spend money on a "fad"(even one eating their lunch), and for a company what they perceived at a dot-com price; firstly, they are Business and that means "cheap spenders" and will wait until it is pennies on the dollar, and second their big-company egos would get in the way because THEY perceive themselves (as always have been) "representing the music industry and artists" in the Business world. What would their partners and peers think? They could never be seen driving a Ford. Just some thoughts...

    3. Re:Napster is yesterday's technology by slipgun · · Score: 2, Funny

      It's like wanting to buy Windows 3.1.

      Or Windows XP, for that matter.

      --
      SpamNet - a spam blocker that really works
  10. Other things he's bought recently by btellier · · Score: 5, Funny

    - BETA-Max Videotapes, Inc.
    - Disco Ball factory
    - Menudo
    - 386 12mhz, 20mb HDD, 640k RAM and a copy of Commander Keen

    1. Re:Other things he's bought recently by decipher_saint · · Score: 1

      "BETA-Max Videotapes, Inc."

      You mean Sony? That would be a great purchase!

      FYI, Sony still manufactures Beta cassettes, you can buy them from all sorts of video places, I get mine at the local Radio Shack though. Very nice picture, great for porting over to MPEG2 (it beats those crappy 8mm dealies)

      As for goofball buying up Napster, more like him buying into open reel VTR, now thats a dead format!

      --
      crazy dynamite monkey
    2. Re:Other things he's bought recently by ZiZ · · Score: 2, Funny
      - 386 12mhz, 20mb HDD, 640k RAM and a copy of Commander Keen

      Wow, really? So did I! I got it for $4 on eBay, and since I had bought some other stuff, I got shipping for it for free! And Commander Keen is a pretty good deal at $20, too...

      But Napster? Man, I don't know what I'd do with that. If it was an intelligent, peer-to-peer, firewall- and proxy-friendly, fast, resuming, easy-to-use file-sharing system, that'd be one thing, but to today's internet users, it's almost as much of a folk tale as, say, B1FF...

      --
      This flies in the face of science.
    3. Re:Other things he's bought recently by Sc00ter · · Score: 2
      "more like him buying into open reel VTR, now thats a dead format!"

      Hah! You'd be suprised! When I was working for WMUR in Manchester, NH (during their move to a new building, I ran cables, wired up patch panels. Not a bad part-time job right out of high school). They still got commerical reels and ran them from the real. As late as 1999 they were still doing this. They were converting to running them off of a computer system (some propritary thing that they had custom built, it was sweet) but they continued to have problems with it and would turn back to the old reel units.

    4. Re:Other things he's bought recently by gregorio · · Score: 1

      FYI, Sony still manufactures Beta cassettes, you can buy them from all sorts of video places, I get mine at the local Radio Shack [radioshack.com] though. Very nice picture, great for porting over to MPEG2 (it beats those crappy 8mm dealies)

      This is not BETAMAX, Sony haves all sorts of stuff called "Beta".

    5. Re:Other things he's bought recently by Anonymous Coward · · Score: 0

      Didja follow the link? didn't think so, these tapes seem to work fine in my trusty old BMC 220.

      While it is true that Sony makes a plethora of products that begin with Beta, I was still referring to Betamax.

      ULTIMATE BETAMAX INFORMATION GUIDE

    6. Re:Other things he's bought recently by xtheunknown · · Score: 3, Funny
      Back when I was a college student, the computer we had was so slow we could make coffee from scratch (including picking the beans) before it would boot up. It had a hand crank too. And to get to the computer center we had to walk 20 miles up hill (both directions) in the snow (even in summer). We would have killed for a 386 12mhz, 20mb HDD, 640k RAM!


      And what's wrong with Menudo?

      --

      They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
    7. Re:Other things he's bought recently by Anonymous Coward · · Score: 0

      That's halarious.
      Sounds like something you'd hear on weekend update. you should write for SNL

  11. Corporate media mergers by Artifice_Eternity · · Score: 4, Informative

    This comes on the heels of dozens of other mergers since the 1996 Telecom Deregulation Act. While I agree that Napster is not terribly relevant these days, it does look like the media titans are gradually getting more savvy about the Internet. Will they buy up the current crop of music-trading networks next?

    Michael Powell of the FCC is actually actively lobbying to tear down the rules against greater concentration of media mergers. And of course the RIAA and the companies that are buying up all the radio stations (Clear Channel, Infiniti, etc.) are helping to shut down webcasting. Pretty soon the media landscape could look something like this...

    1. Re:Corporate media mergers by Anonymous Coward · · Score: 1, Funny

      What I'd like to see is just one big corporation that owns all intellectual property in the world. Everything from music and movies to books and computer software. Basically if you can record it in any form whatsoever and distribute it, this company would own it. That way you'd just have one single company to interface with when negotiating licensing. Maybe make it easier and just have a portion of your country's tax dollars (say, 45%) automatically diverted to the corporation in case you may be pirating their property. This would be the most fair and equitable solution for resolving all intellectual property rights issues.

  12. Cool by NiftyNews · · Score: 2, Funny

    As long as we're selling things that no one uses anymore, I've got a stairmaster, 3 type of ab machines, and an upright piano that you might be interested in...

  13. priceless by koekepeer · · Score: 1, Funny

    commenting to your useless post and buring karma in the process... priceless

  14. 15 million dollars? by Kircle · · Score: 2, Insightful

    Kind of interesting that Napster can now be bought for just 15 million dollars (or 80 + 15 million what have you). Compare that to them offering to pay the music industry a billion dollars just a short while ago, this pretty much says it. Naspster is dead.

    --

    -- Kircle

    1. Re:15 million dollars? by Anonymous Coward · · Score: 0

      I'll have you know I still use Napster 2 BETA9.5. Napster integrates easily with Napigator, and you can still connect. What's all this talk about Napster being dead?

  15. Hmm. by saintlupus · · Score: 2

    Bertelsman, which already invested a significant amount of money in Napster, is now looking to buy Napster outright.

    I wonder if they'd be interested in buying a 1982 AMC Spirit with a blown engine. My neighbor's got one just sitting there, and these people sure sound like suckers to me.

    --saint

    1. Re:Hmm. by hilltop · · Score: 0
      ... or was there an option to purchase the titanic when it was sinking?

      hilltop

  16. buying somthing that no one uses eh? by the_2nd_coming · · Score: 2, Funny

    well how about the US First Amendment? seeing that congress does not want to use it any longer *cough*SSSCA/DMCA*cough* :-)

    --



    I am the Alpha and the Omega-3
    1. Re:buying somthing that no one uses eh? by Kircle · · Score: 2, Insightful

      I think they're buying the brand name, and not so much the actual service. Think about it. In the future when they tell everyone that Napster is back online, pretty much everyone will check it out, just because it's Napster regardless of what form it's in.

      --

      -- Kircle

    2. Re:buying somthing that no one uses eh? by Anonymous Coward · · Score: 0

      If they wanted to buy a *relevant* brand name, they should have gotten Kazaa.

  17. No need to state the obvious by cholokoy · · Score: 1

    We are supposed to be a community of geeks and as such do not know a lot on the business side of things.

    These businessmen should probably know a thing or two that we don't and have a business plan to make the outfit succesful. Like it or not, we cannot dictate what makes for a successful business since the net community has a bigger slice of "consumers" that will hungrily lap up anything it sees.

    --
    Return the bells of Balangiga.
    1. Re:No need to state the obvious by Anonymous Coward · · Score: 0

      We may be a bunch of geeks without any business experience but as a geek with Bertelsmann experience let me just say that they don't know what they are doing. They don't have a plan to get anywhere. They are slow and disorganized. And they are incapable morons in regards to technology (just look at CDNow, Music Boulevard, BMG Direct and myplay).

      Middlehoff is just trying to show something for the millions and millions of dollars he's blown into napster. The only thing napster is good for right now is brand recognition.

  18. Alright... by gUmbi · · Score: 2

    Enough is enough, no more April Fools jokes!!

  19. Only an idiot wouldn't sell by clustersnarf · · Score: 1

    No one uses napster anymore. No one is going to pay to download questionable MP3s. No one will make a profit on this model.

    The shareholders should sell for whatever they can get. If this company is dumb enough to buy a dead product, LET THEM. I mean, take the money and run.... as the old saying goes...

    A fool and his money are soon parted...

  20. Napster version by nucal · · Score: 1

    Does this mean that Napster is finally out of beta-mode?

    1. Re:Napster version by Anonymous Coward · · Score: 0

      nope, it back to DRM alpha mode now :)

  21. what are they buying? by fabiolrs · · Score: 1

    Correct me if Im wrong, but the perspective of Napster going back online is somewhat non-existent. Ok, what are these people buying them? The network? The servers? The old technology? As far as Im concerned the only stuff they might be interested in is the user database, which is kinda old since napster is not used anymore for more than 1 year (im correct?) and this is time enough for most of its newbie users to change e-mail address (thus transforming the database into an whole bunch of useless e-mails and usersnames)...

    --
    Fabio - Sumare/Sao Paulo/Brazil/South America/Earth/Solar System/Milky Way/Universe
    http://www.morroida.com.br
  22. Re:Oooh, the Germans are mad at me, I'm soo scared by ciole · · Score: 2

    When that happens in real life, instead of selling the company back, everyone sells their old stock certificates and t-shirts for camp value.

    If there were to be an exception, though, it would be napster - for one moment, the most visible symbol of online freedom.

  23. didn't we predict this long time ago by kawaichan · · Score: 2

    that record companies will sue Napster's ass off then buy them back so that they will have a brand name + infustcture (sp) for their own music distrubition channel?

    --

    kawai
  24. The only way by Atrus5 · · Score: 2, Insightful

    The only way napster could get people to pay for a service provided freely by others is to make a vast improvement. Looking at what they have now, they offer no new features over Gnutella clients, except perhaps chatting and "paying the artists" which isn't enough to make most people pay for it. The only reason to use it is to clear your conscience. Just buying the cd (used, possibly) is cheaper for that.

  25. Umm... by nubbie · · Score: 1

    am i just being nieve or do they really think people will pay for something they can otherwise get for free with any number of other programs out there (ie. kazaa, morpheus, etc...). I'm sure there will be the odd person out there that will support their efforts and pay the subscription fee, but really... I can't see too many people doing this.

    --
    'Go for the eyes, Boo, go for the eyes, aaarrrrrrrr!' -- Minsc
  26. Re:Two words... by Anonymous Coward · · Score: 0

    no way man :-|

    i am conscious about human rights, and there is no way i can violate my own
    principles. actually, i always march in anti-rape and anti-sexism parades.

    there is no way i am becoming a violent person. but it is paradoxical how
    the bad guys are the ones who are getting some :-(

  27. *3* ab machines? by swb · · Score: 2
    I'll go out on a limb and assume you bought them for yourself. 3, though?

    Usually exercise machine purchasers fall into three categories:

    • Smart and disciplined people usually take up running or biking and never buy an exercise machine. Sometimes they a peice of strength training equipment and actually use it, and some actually buy cardio stuff and use it too.
    • Smart people generally buy one or maybe two different types of exercise equipment in their lifetime. Usually after they get sick of tripping over a machine they don't use and they sell it, and they never buy another one because they're smart enough to realize they didn't use the first one why would they use any more?
    • Half-smart people keep buying exercise machines they don't use. Why they keep buying them is something of a mystery, but they usually blame a bad machine for lack of a workout and keep buying them. Or they may be continually lured by the promise of a machine that actually makes them look like a supermodel or sports star with only 10 minutes a day commitment. This is why they are only half-smart.
    1. Re:*3* ab machines? by Anonymous Coward · · Score: 0

      Half-smart people keep buying exercise machines they don't use.

      Does that mean that a complete moron can become half-smart by continually purchasing exercise machines?

    2. Re:*3* ab machines? by NiftyNews · · Score: 1

      'Twas exaggerated for comedic purposes, my good friend...

      I do own ONE unit, an Ab Roller, which works great for about a month until your muscles get used to it. But for effect it can't be beat...I always laughed when friends came back the next day after doing 3-5 "rolls" complaining about how much their abs hurt.

    3. Re:*3* ab machines? by swb · · Score: 1

      I'm not sure what you mean. A "smart" person has an IQ of about 120. A half-smart person has an IQ of 60. What part of an IQ of 60 makes you something other than a complete moron?

      I suppose you could add a fourth definition of complete morons to include someone who continually kites checks to buy exercise machines they never use..

    4. Re:*3* ab machines? by Anonymous Coward · · Score: 0

      Buy some friggen free weights, everything else is crap

  28. Does it really matter? by hosebee · · Score: 5, Insightful

    Many adults like myself take a civil disobedience type approach to music sharing. I buy as many CDs (if not more) than I used to, but I unabashedly use these services to make sure those CDs I buy are going to be worth it. People that fall more or less in this category (I think) are waiting for a good digital music policy from the major labels(although there seems to be no light at the end of this tunnel).

    However, as I've seen with my little sister and her friends (and others of the pre-teen to teen age group), they have "grown up" on free music whenever they want it, so "why buy the CD?". At this young age, none of them had given any thought (nor had I at that age) to Intellectual Property and the other issues regularly discussed in the heyday of Napster.

    It is the difference between "The artist certainly has rights, but the industry is subverting the process to their substantial benefit, and this must be altered." and "Hey, we have a right to free music, how dare you take it away?"

    And obviously, this demographic is too large to ignore.

    -----
    Whimsiprotocol - n. 1. Standards of action or thought developed in a fit of ineptitude.

    1. Re:Does it really matter? by Anonymous Coward · · Score: 2, Insightful

      Two thoughts...

      1. They need to make the music easier to buy that to steal.

      2. They need to make the music affordable to the demographic that is stealing it. This may imply that costs are offset by higher prices for music in other demographics.

    2. Re:Does it really matter? by koekepeer · · Score: 1

      just remember that it's the older generation that builds the gap...

      (no i'm not fifteen anymore :^)

    3. Re:Does it really matter? by hosebee · · Score: 1

      That's certainly true, don't even get me started there. Unfortunately, my little sister learns more about sex/dating/etc from "Real World" and shows of that ilk than from my parents. This irks me (partly because of what I think of "Real World" and "Dismissed" and etc etc etc), but she cares little for what I think on this matter....

      How many problems would cease to exist (or be vastly altered for the better) with better parents?

    4. Re:Does it really matter? by waspleg · · Score: 1

      i grew up on free as in beer software, apple pickers groups, shareware, school sponsored software swapping events etc were common place

      as such i feel no moral obligations to pay for most of the software i use, there is an entire generation of us (i'm 22 for reference) and all this is is our siblings doing the same thing with different content, i know my little brother does, how about yours

    5. Re:Does it really matter? by dirk · · Score: 2

      Many adults like myself take a civil disobedience type approach to music sharing. I buy as many CDs (if not more) than I used to, but I unabashedly use these services to make sure those CDs I buy are going to be worth it. People that fall more or less in this category (I think) are waiting for a good digital music policy from the major labels(although there seems to be no light at the end of this tunnel).

      It's hard to say anyone is taking a "civil disobedience" stance on online music sharing. Many people are using it in a positive way , like you are, but that is in no way "civil disobedience". To take a stance like that, people would have to openly share music, and be willing to be arrested and/or sued for it and pay the penalty. Logging onto Morpheus (or Limewire, or Kazaa, or whatever) under an alias, and downloading music is not civil disobedience. Logging onto a public BB and using your own name with your own true contact information and trading music, and then making sure the authorities and the music companies know about it would be civil disobedience. Hiding behind Morpheus and the anonymity it provides is not civil disobedience.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    6. Re:Does it really matter? by Anonymous Coward · · Score: 0

      Since when is there anything but music on the music station?

    7. Re:Does it really matter? by Crag · · Score: 3, Insightful
      However, as I've seen with my little sister and her friends (and others of the pre-teen to teen age group), they have "grown up" on free music whenever they want it, so "why buy the CD?". At this young age, none of them had given any thought (nor had I at that age) to Intellectual Property and the other issues regularly discussed in the heyday of Napster.

      I hope anyone who buys anything from me does so because they feel what I offer has value and they wish to cooperate with me by exchanging some money for some goods or services. I'd be sickened if I thought I was only paid because people thought they had to pay me.

      I don't think trade is something we learn by experience, but rather it's something which springs up naturally from a feeling of respect.

      On the other hand, intellectual property is a very strange concept indeed, and I will probably release all of my intellectual or artistic creations as public domain. The amount of work I put into them doesn't change with their popularity. Their value to others may be greater, and I would accept any compensation offered, but once the information is released, it has a life of its own.

    8. Re:Does it really matter? by swb · · Score: 2

      It is the difference between "The artist certainly has rights, but the industry is subverting the process to their substantial benefit, and this must be altered." and "Hey, we have a right to free music, how dare you take it away?"

      Unless you're an artists involved with the major labels, who gives a shit about artists? I know I don't. Anybody who gets to make music as a full-time job already is so far ahead of the rest of us working slobs that unless they're living on the streets with nothing to eat I have little sympathy for whether they're making $100k or $10m per year.

      The real thing to protest is why the recording industry wants to expend so much energy fighting for an old, brick-and-mortar, album-based sales strategy that clearly is not in tune with how people want to relate to music.

      I have around 500 tunes I've gotten online. Nearly all of these represent back-catalog tunes from old 70s dinosaurs. I'd never buy the albums for $15 (the arists aren't that good and the entire album is full of BS filler material), but I'm pretty sure if I was browsing online I'd have bought the tune for a $1.

      That's over $500 the music industry *hasn't* made on me. I wouldn't have the music without Napster, but they *still* wouldn't have gotten me to shell out $15 for album with two songs I want.

      Even with Napster, I would have gladly paid $1 for each song -- no BSing around, better downloads and quality encodes, and so on. Why can't they figure this out?

    9. Re:Does it really matter? by CashCarSTAR · · Score: 3, Insightful

      It's not *JUST* music, or software, or movies or anything else for that matter. What you're seeing is the results of society wide elimination of any sort of honor system. Take a peek at this (cnn). A lack of honor is running through our whole society. Unfortunantly, most people just don't (or won't) recognize that. It's all related folks. Kids cheat on tests and steal music and software. The RIAA uses it's power to try and lock competitors out of the game. A certain software company releases substandard software in order to maintain their marketshare and gain an advantage in unrelated fields. Companies and stock brokerships lie and cheat to make a few bucks. Politicians say anything and do anything in order to get elected. You know..people complain about how our youth (and I'm one of them for the most part..) have a complete lack of morality when it comes to IP...the business and political (hell even the religious world) isn't exactly making such a good example of things. What's especially galling in this case is the actions of the RIAA. They lie, cheat and steal in order to lock up the marketplace from true competition, and abuse the artists. All of a sudden they complain when kids are lying and stealing from them. Bunch of hypocrites.

    10. Re:Does it really matter? by Anonymous Coward · · Score: 0

      They don't know what a paradigm shift is. If the people want something, and you want to sell it to them, find a way to do it. If you can't figure out how to sell it then stop complaining.

    11. Re:Does it really matter? by Anonymous Coward · · Score: 0

      The difference is in the percentage of your budget you spend on cd's and music concerts, t-shirts, etc... If I'm 15 years old making $20/week, I'm going to be thinking pretty hard about getting that new cd or doing something else with that money. If I'm 30 making $1000/week, that $20 cd isn't going to make you broke.

    12. Re:Does it really matter? by Anonymous Coward · · Score: 0
      2. They need to make the music affordable to the demographic that is stealing it. This may imply that costs are offset by higher prices for music in other demographics.

      Fuck off with that bullshit. CDs are expensive enough already as it is.

  29. Damn ... whoda thought by Blue+Neon+Head · · Score: 4, Funny

    You can have no business model, no immediate prospects for profit, be crippled by lawsuits, and have the little service you offer stifled by court order - yet still walk home with $15 million extra in your pocket.

    I bet Shawn Fanning has no regrets.

    1. Re:Damn ... whoda thought by btellier · · Score: 2

      Not to mention "have other products on the market which are better than your own, and are free". I mean, how could anyone possibly pay for a piece of software that you can get for free? It's inconcievable!

    2. Re:Damn ... whoda thought by Anonymous Coward · · Score: 0

      "inconcievable"

      I dunt theenk dees word means what j00 theenk it means.

    3. Re:Damn ... whoda thought by doug_wyatt · · Score: 2, Insightful
      Doubt Fanning (the younger) got much of anything out of this one. I suspect that more than $15 was dumped into Napster through VC and angel investment, and most likely, much, if not all, of it is going to be skimmed off the top by preferred stock holders before it gets to the common stock holders like Shawn. Added to that, I doubt he has a significant slice of the pie, so whatever crumbs _are_ left, won't amount to much.

      This, for a company that at one point in time was one of the hottest things on the Net.

      Nope, I'm sure he has some regrets...

    4. Re:Damn ... whoda thought by Anonymous Coward · · Score: 0

      Yeah, but being on the cover of Time magazine will get you some serious bush. Just ask Bob Dole. He banged so many hoes his penis needed skin grafts.

  30. Bertelsman bought and closed myplay by PhrackCreak · · Score: 5, Insightful

    Bertelsman bought myplay on May 30th, 2001. Fast forward to early 2002, Bertelsman closed myplay's offices, laying off all but a couple of engineers in charge of wharehousing the software.

    Is this some new tactic to buy and close music software companies?

    --
    - You don't know how to maintain a station wagon either!
    1. Re:Bertelsman bought and closed myplay by Anonymous Coward · · Score: 0

      It's a page out of M$'s playbook. They've been doing this for years.

    2. Re:Bertelsman bought and closed myplay by awfar · · Score: 1

      Rhetoric?
      Of course not, it is blatant Capitalism; buy up competition and BURY them, even if they are small and maybe of no consequence; the consumer must ONLY see your product. In Toy Story, the Dino says that he is from Mattel, but then explains not really, that he was actually part of a small startup bought out in a leveraged buy-out by a mega-conglomerate.... Mattel has been doing this for years.

    3. Re:Bertelsman bought and closed myplay by morgajel · · Score: 1

      let em.
      we'll keep writing new stuff.

      if Bertelsman want's to buy crap software for a fortune on the end of it's life cycle, let them. if they close napster, who here is really gonna get screwed....
      only the people who subscribed to the business model, proving to those who thought it was crap in the first place that they might be right.

      --
      Looking for Book Reviews? Check out Literary Escapism.
  31. Ok whatever.... by OakLEE · · Score: 1

    Honestly, who cares, Bertlesman is probably just buying Napster to put it out of its misery. Napster's new (and old) business model was fundamentally flawed from the start. Yes, of course lets charge people $9.95 a month to pirate^H^H^H^H^H^H "share" songs with each other. First thing, pirates, warez dudes, whatever they're called don't, dare I say won't, pay for the right to pirate stuff. That totally defeats the purpose of pirating material-i.e. not having to pay for it. Second, not to beat on a dead bush, but look at the fifty bazillion other file sharing programs online right now. Sure none of them have duplicated the ease and reliablity of Napster, but they get the job done, and other than spyware (which has its own problems), they do not cost you a thing. Napster, can be bought out for all I care cause regardless of when or if it comes back no one is going to pay for a service they can get free.

    ________________

    --
    The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
  32. Filesharing clients... by fruey · · Score: 3, Insightful
    ...are only as good as the number of users they have. Napster sucked, but everyone had it, so it sucked a little less.

    <state the obvious> Napster is not the phenomenon, filesharing is. </state the obvious>

    However, that they are ready to pay between $15 and $30 million USD makes me wish I had written a peer-to-peer with central DB software client. Yikes.

    --
    Conversion Rate Optimisation French / English consultant
  33. Re:Oooh, the Germans are mad at me, I'm soo scared by shanestyle · · Score: 0, Offtopic

    Right on!!!

  34. Sex, lies, and MP3s by the_verb · · Score: 1

    Who will use the service? Perhaps the millions of people who claimed they *wanted* to pay the artists, but had no legal alternative for easy-to-download-music.

    Sadly, Napster's inevitable failure under Bertelsman will only confirm conventional industry wisdom: those who say they *want* to be legal are lying. Most users care more about getting their content for free than the 'convenience' they claimed Napster offered.

    --the verb

  35. Who cares? by Anonymous Coward · · Score: 1, Insightful

    Can we please get a "Napster" topic here so that I can filter it from the slashdot homepage?

    I mean really...

    1. Re:Who cares? by Anonymous Coward · · Score: 0

      How many more stories do you think we'll hear about it now? I think it's pretty well dead... or should be.

  36. Divide and Conquer by thelizman · · Score: 3, Insightful

    So, first the music industry (BMG included) pummels Napster into oblivion with lawsuits, then once the company has had enough injunctions to keep it from operating at a profit, and once their stock is on the verge of being downgraded to junk status, they buy them up.

    Isn't there a law against that already?

  37. first to try a new strategy? by Anonymous Coward · · Score: 0

    If BMG intends to use Napster to offer mp3 downloads of their artists' music at a REASONABLE cost (say $1 per song, $10 per album) then I would go for it. I really don't mind paying a fair price for music; I do, however, resent spending $18 for a CD that's mostly filler. A mechanism that allows consumers to pay for only the tunes they choose is long overdue. This might also encourage record companies and artist to produce less "filler" and therefore better music.

  38. Re:Oooh, the Germans are mad at me, I'm soo scared by TheGreenLantern · · Score: 1

    Excellent.

    --

    It hurts when I pee.
  39. Will this work? by g0rath · · Score: 1

    Wasn't it last year when Berltlesman tried to get in league with Napster, and that CEO was removed? I thought I read a lot of press about that being a very bad move for BMG. CEO was for it, but the board was not.

  40. Could be a good thing... by NanoGator · · Score: 4, Interesting

    The first record company to properly embrace the internet may be the first to recieve money from me when I end my boycott of the RIAA.

    It's possible that they'll revamp Napster and turn it into something interesting. For example, what if they put up a server with tons of bandwidth and a ton of interesting songs available, complete with a reasonable per-song price. That'd be far better than any other record label is producing nowadays and would be a step in the right direction.

    I just hope they don't put stupid restrictions on it like 'you have to use .WMA format' or 'you cannot legally burn it to a CD.'

    Maybe I'm being over-imaginitive, but it'd be nice to see a music company show some interest in the new market created by the internet, instead of trying to shut it down.

    --
    "Derp de derp."
  41. Saving Proxy Server by Anonymous Coward · · Score: 0

    Wait till someone releases a local 'man in the middle' proxy server that will save the songs and re-feed them on request. So much for the pay to play and 'good for a month' models. This would easily bypass any security/encryption and even comply with the DMCA since the data doesn't have to be understood (decrypted) to be replayed.

  42. It will never work by zecg · · Score: 2, Interesting

    It will never work. Napster is a dead cow, the brand name in this case is tied with keywords like "controversy" and "piracy" in the mind of the average consumer -- and "server down"/"lame" in the mind of the l33t. So buying it for its brand name is not too smart. And the code was not much to begin with. Why bother?

    --
    .i lu doi ringos.star. xu do puku'aroroi dunli dopecaku leni virnu li'u
  43. Instructions by gergi · · Score: 2

    1) Lift up toilet seat
    2) Empty wallet into toilet
    3) Flush
    4) Repeat as you feel is necessary

    --
    Nosce te Ipsum
  44. This just in... by Anonymous Coward · · Score: 1, Funny

    Will they buy up the current crop of music-trading networks next?

    In an unrelated story, Disney is seeking to buy Usenet & FTP :)

  45. pretty lousy tactic if you ask me... by koekepeer · · Score: 1

    it doesn't seem to be a good tactic given the fact that napster is dead already... (see earlier posts) not evrything is a conspiracy, sometimes companies have strange business tactics :-)

  46. Re:Oooh, the Germans are mad at me, I'm soo scared by Anonymous Coward · · Score: 0

    Sorta like DaimlerChrysler!!

  47. HOW much? by Rogerborg · · Score: 4, Funny
    • Bertelsmann has already loaned Napster an estimated $80 million and has the option to acquire a large stake in the company. Buying Napster outright will reportedly cost Bertelsmann $15 million to $30 million.

    Oh yeah, .com economics. I'd almost forgotten. Actually, this looks a lot like a sort of weird poker game:

    • Bertelsman: We've already bet $80 million and still not seen a red cent back. What the hell did you do with it?
    • Napster: Haha, it'll cost you another $15 million to find out. You haven't got the balls.
    • Bertelsman: Here you go. Show your hand.
    • Napster: Ah. Fuck. [pitter patter pitter patter...]

    The one thing that I would bet on will be that the first thing Bertelsman does is to have a good hard look at Napster's accounts and figure out what the hell did happen to that $80 million. They can't have spend it all on lawyers and a crackpot crippleware scheme, surely? Surely!

    --
    If you were blocking sigs, you wouldn't have to read this.
  48. Why? by The+Wooden+Badger · · Score: 1

    If what I'm thinking is right, Napster costs money to use and people have already jumped ship to other free incarnations of the same idea. The only thing left to buy is the few users that feel morally obligated to pay for the service (who probably weren't along for the ride in the early days). It'd be nice to have that kind of green to throw around stupidly.

    --
    Heroscape, it's like legos combined with anachronistic wargames.
  49. The part I have NEVER understood is... by Schnapple · · Score: 1

    ...how is Napster a "business"? I mean, Shawn Fanning wrote a program, called it Napster, put it on a website, called it www.napster.com, and that's it. Napster wasn't adware or spyware, Napster.com didn't (IIRC) have ads, and no one was supposed to (ideally) ever pay any money ever. Now of course there's going to (supposedly) be a pay to use Napster sometime in the future, but that may or may not ever come to fruition.

    The part I don't get is how is Napster a "company"? How did they ever make money? Did they ever make money? They had venture capitalists and investors, but what were they telling these people? "Hey we've got a free program and a free website and a server but don't worry - some day we'll see profit roll in somehow!" Was the subscription model always the plan? Has this model (free services first, then charge once the investors and VC's want some actual money) ever worked? And why haven't all these VC's and investors pulled out by now? If the legal throubles hadn't killed off Napster, the investors and VC's surely would have by now.

    I have an online side business that doesn't do a whole lot of business yet. If I were to sell it, I probably couldn't get $1000 for it. If it made millions of dollars a year I could get a good price on it. As far as I can tell, Napster has never made dime one - how is it we're talking MILLIONS for Napster? Who are these people fooling?

    1. Re:The part I have NEVER understood is... by TheShadow · · Score: 1

      What these people are buying is not software, not revenue, not a company... they are buying a customer base. Simple as that. It's totally for marketing purposes. They don't give two shits about the technology... except for the fact that it will help them sell stuff to the users in the future.

      --

      --
      "What do you want me to do? Whack a guy? Off a guy? Whack off a guy? Cause I'm married."
    2. Re:The part I have NEVER understood is... by Schnapple · · Score: 1

      Good point, but they're buying a customer base that doesn't give two shits about BUYING stuff - that's the rub. They're targeting the biggest freeloaders - the ones who aren't even savvy enough to use a Napster alternative - and they're going to use these people as a revenue stream?

  50. pay per view by Anonymous Coward · · Score: 0

    yeah, pay per view is a stupid concept, which is why people dont go to movie theaters anymore, right?

    1. Re:pay per view by Anonymous Coward · · Score: 0

      No, it's because all the new movies are stupid!

  51. 3 ab machines?! by Anonymous Coward · · Score: 0

    your stomach must be like stainless steel if you have 3 ab machines!

  52. Sound Familiar - Hope it goes better by Anonymous Coward · · Score: 0

    Buying a digital music company based in Redwood city - that sounds exactly like myplay.com - even the quoted price is the same. I hope it goes better for employees - Bertlesmann were plannign some big Music strategy with myplay as part of it... then they put some dude in charge who just didn't care about the internet.

    Next thing you know they take the code and servers - hand it all to their east coast development team (basically CD Now) and expect everythign to work. Never mind the fact that myplay is all Java and CD Now are a C shop.

    Even more amusing was when they launched the New BMG Direct site - they paid loads of money for a redesign that was all image maps. It takes 3 days to sign up online, and searches on the system take minutes.

    I hope Bertlesmann has learned from these lessons otherwise napster is as good as dead.

  53. How does it really matter... by HiThere · · Score: 4, Insightful

    The problem of the day is the decentralization of power. Groups like the RIAA, and individuals like Senator Hollings have caused this to be be problem of the day (for us, at least ... there are others with much more urgent problems, but we are us).

    I would be quite pleased if I saw a decent way to implement the decentralization of authority. Since I don't, I look at every social challenge to centralized authority as a possible good thing. The RIAA is going for maximal visciousness and to hell with the bystanders anyway, so there is no reason to consider how they feel about things. Therefore, the question to me becomes:

    How can the musicians be supported without simultaneously supporting the RIAA?

    This doesn't mean how can I as an individual support some particular musicians. I could clearly send them a check. It's how can we structure social interactions so that musicians are supported, and the RIAA is not. The clear and obvious answer "Support you local musicians .. buy direct!" works, but the number of such is quite limited. Direct purchase of music over the internet? Possible. CDs seems a more likely format than MP3s, if only for quality reasons.

    There exist problems here. Musicians are frequently coerced into signing exclusive agreements. Etc. So maximally popular groups will tend to be those that have the most advertising dollars spent on them. But this doesn't equate with the maximally talented groups. Perhaps groups that aren't picked as "STARS!!" could sell CDs directly on the web (from their home page) with the MP3s being used as cheap advertising? It might work.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
    1. Re:How does it really matter... by Anonymous Coward · · Score: 0

      Perhaps groups that aren't picked as "STARS!!" could sell CDs directly on the web (from their home page) with the MP3s being used as cheap advertising? It might work.

      Great Idea! Too bad mp3.com has been doing this exact thing for more than 4 years. Now as to their success and that of the artists on that site... I haven't the foggiest.

      However what it comes down to is lobbying to get airplay. And mp3.com should really be functioning as a non-exclusive label as well as a publisher.

    2. Re:How does it really matter... by Anonymous Coward · · Score: 0

      >How can the musicians be supported without simultaneously supporting the RIAA?>

      Go to their live concerts. Support the continued existence of smaller, local places to hear live music.

      wg

  54. Napster's like a boat by Loki_1929 · · Score: 1

    It's a hole in the internet you throw money into.

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  55. wtf by Anonymous Coward · · Score: 0

    Napster is still functional. BETA 9.5 can be found pretty much anywhere on the Internet, and along with Napigator you can connect to any OpenNap server. Not exactly what I would call a "dead product".

  56. Anti-trust-buster by Anonymous Coward · · Score: 0

    Judge Patel recently ruled that Napster can undertake discovery to find evidence of anti-trust collusion amongst the major labels wrt online distribution. Last year Bertelsmann hired Joel Klein as CEO of their USA operations. Klein is the former antitrust chief for the Justice Department.

    Which do you think is more expensive, buying Napster to shut down discovery or being found guilty of anti-trust violations?

  57. Oh yeh? by autopr0n · · Score: 1, Troll

    I've got a bridge to sell him...

    --
    autopr0n is like, down and stuff.
  58. Napster stock by fobbman · · Score: 1, Troll

    Is Napster a privately-held company or can I download shares on the P2P network?

  59. Playing Whack-A-Mole by Ab0rtRetryFail · · Score: 1

    Perhaps I'm being a bit redundant after all the other posts here, but I feel this bears repeating: It seems that the record companies are taking our purchasing habits for granted. We don't HAVE to buy CDs, but we do. I've watched prices go up, and I'm appaled at the markup on these discs. It probably takes less than 50 cents to print and manufacture these things, plus the studio costs. Does anyone else think $15 dollars a CD is price-gouging? It's especially bad that many CDs now are in the 20-40 minute realm instead of the 74 or even 80 that the CD can hold. You can fit Enya's last 2 releases onto an 80-minute CD, in fact. I might not mind this if the artists served as the beneficiaries of this, but it seems like most artists get less than a dollar per CD sold. I'm curious to find out where all the money goes. So FIRST, the companies insult us by keeping the prices high and keeping the artists out of the loop with profits. SECONDLY, they attempt to squelch filesharing, both by legal means, and by corporate means. Now, the companies seem to be under the illusion that we WANT to pay for a limited selection of tracks we can only listen to a fixed number of times without transfer. Its worse than the free filesharing servers (KaZaa et al), and it costs money. THIRD, the record companies are trying to prevent computers from playing audio CDs. I've even heard that the latest Celine Dion CD will crash your system if you play it.... though I'm unsure if that's the fault of the music or the added "CrapTus Shield" software on it. I think the record labels made a mistake by taking down Napster.... now, decentralized alternatives are now in place that probably won't flinch no matter how many court orders you fling at them. Taking down Pablo Escobar didn't end the drug trade... it just decentralized it, and other, smaller drug dealers cropped up to take his place. The record companies seem to have done the same thing: there are about 3 or 4 major filesharing servers now instead of one, and the largest one (KaZaa) has about 1.5 milion people logged on at a time. Though I think it unlikely, if the services we have now are shut down, more will just pop up in their place. I think the labels have lost the online war, at least for now. On the copy-protected CD issue, I think that the music labels underestimate the ire of consumers and the intelligence of the hacker community. No matter HOW MUCH copy protection you put onto your media, there will always be some way to break it. By putting this copy protection onto the CDs, the companies risk alienating customers who aren't even trying to pirate in the first place -- some CD players have a hard enough time playing regular CDs, much less copy-restricted or copy-protected ones. We must BOYCOTT these copy-protected CDs, and also meet the industry blow-for-blow by cracking this copy protection. If we can prove to the music industry that it is not feasible (money-wise, of course) to implement restrictions on our music, they might back off of this. But make no mistake, we are heading for a war. This is but one facet of the whole global-against-regional fight that seems to be going on as multinational corporations seek to expand. To borrow a quote from a certain comic-book inspired movie -- "I may not be on the right side, but at least I've chosen." I implore other /.ers to chose also.

  60. 12 MP3s for the price of one? by nat5an · · Score: 1

    Is this the same BMG that runs the 12CDs for the price of one deal? If it is, I could see them enticing people by putting up a server with tons of bandwidth and their entire catalog available.

    In short, I think it would work a lot like a music club does through the mail, only with MP3s instead of CDs. I think that's a business model that would work, although I don't understand what they need Napster for.

    --
    Head down, go to sleep to the rhythm of the war drums...
  61. Don't get your hopes up by sjmurdoch · · Score: 0, Redundant
    BMG don't have a history of embracing technology, as shown by the ill-advised deployment of copy protection on their CDs.


    Unfortunately they didn't learn their lesson and are still producing more broken CDs that don't play on normal equipment and have been rumoured to damage CD players.

    --
    Steven Murdoch.
    web: http://www.cl.cam.ac.uk/users/sjm217/
    1. Re:Don't get your hopes up by NanoGator · · Score: 2

      I dind't realize it was BMG that was doing that.

      Well that sucks. I think you're right. If they're protecting the CD's, then that means that the MP3 version of a song has value aside from the CD version. (even though it doesn't, not that I'd pay for.)

      That probably means that even if you have the CD version of the song, they'd still expect you to pay for the Mp3 version. That doesn't fly so high with me. I'm willing to pay a modest fee for them to deliver it to me, but the cost of an album's worth of Mp3's better not exceed the album.

      I wish I could just buy a 'certificate' for a song. If I put a CD in my drive, then the songs on the CD earn a free certificate. Then I'd be free to download MP3's all I want, provided I can show I have a license for them. The certificate price of individual songs should be pretty cheap though.

      That way, no matter how I recieved a song (i.e. copied a friend's, downloaded from the web, or bought a collection on CD), I could pay the company who produced it. If they're willing to treat me like an honest person, I'll respect them by paying for it.

      --
      "Derp de derp."
  62. This reminds me of an article I read.. by Anonymous Coward · · Score: 0

    in Newsweek about one of the beneficiaries of the WTC charity CDs. In it it said that all in all, the charity cleared about $8 per CD. While this might sound good on the surface, think carefully. It also means that the companies are clearing at LEAST $8 per CD (this was after they recouped their costs remember). That's a pretty goddamn large profit for something costing $15. Considering that most chain stores charge closer to $20 these days, I'd say that's a pretty big fucking gap right there.

  63. Bertlesman took initiative that competitors missed by aquarian · · Score: 2
    Bertelesman has been simply the most forward thinking and proactive among the big 4. Instead of investing in a futile battle to stem the digital tide, they embraced the digital future by investing in Napster. Now they own digital distribution, for all practical purposes.

    Napster was first, is most familiar to users, and has the largest market share (even after being dormant for a few months). It's still the best designed, easiest to use music downloading application. It set a standard which will now be hard to compete with.

    Eventually, one of them had to do it. Bertelesman took the initiative. Sony, Universal, and Time-Warner snoozed on this one- and lost.

  64. Patents? by flacco · · Score: 2

    Does Napster have any (puke) software patents that Vivendi might want to get its fingers on?

    --
    pr0n - keeping monitor glass spotless since 1981.
  65. What we have is impossible to beat by ltsmash · · Score: 1

    Unfortunately I don't believe record companies could produce a music-buying model that is better than the one we have right now. We can get practically any song we want for free. How can they beat that? Internet music trading has come a long way, and it really doesn't have that much farther to go.

    Everybody says they're willing to pay to download mp3's but
    (1) what's the highest price you'd pay per song? People talk all the time about $1 per song, but I think you are dreaming if you think it'll be that low.
    (2) You can honestly say you'd pay for something when it's completely free somewhere else?
    1. Re:What we have is impossible to beat by mattkinabrewmindspri · · Score: 1

      The solution is for a group of MAJOR artists who have already had hits to join together-screw the record companies! No one gets a cut who hasn't made music. Your cut decreases each year that you don't make music or that your new music doesn't sell. Everyone who wants to be hosted gets hosted, as long as they provide the hosting fee. Create a service that requires you to be a member to trade, and have different charges. The artists who join agree to release their songs for download.

      Customers could choose how they want to be charged:

      per day

      per week

      per month

      per year

      per compilation

      the right to dub a show

      Each artist will get paid depending on what people download from them.

      -And here is the big one: Don't release this stuff on CD! That's right, mp3 only, and not this low-quality crap, either. Everything should be 192kbps. This way, people won't be able to just buy, encode, and upload. Anyone who wants this stuff comes directly to you.*

      Also, the way radio stations license music needs to change. Currently, stations pay to play music. This is ludicrous. You should give your mp3s(all of them) to radio stations, and the stations can play the music all they want. They just can't give away the actual files. That's free publicity! And instead of having just one song out(a single), people will get exposure to much more of your music(If you release what used to be a cd's worth of music[10 songs or so], songs that would have never been heard will be heard. People will hear songs that never would have been considered as singles. The better the music, the more frequently it will get played, and the more exposure for you). *I know people will say "Why go to you when I can go somewhere else?" The truth is that you could go somewhere else, but the first people to get the music would have to be buying it directly from you, and you would be getting a bigger piece of the pie right off the bat. Plus, since you are the artist, you can offer extras- autographs, passes to your shows that give people the right to bring recorders into your shows, deals on merchandise, etc.

  66. at this rate by deus_X_machina · · Score: 1

    At the rate the music industry is going, it seems like soon they're just going to implement your "RIAA fee" in your taxes.

    --
    "In a Democracy, people get the kind of government they deserve." -Winston Churchill
  67. Make a deal with AOL, napster is payTV by Anonymous Coward · · Score: 0

    We are paying for "free" music all the time. Think about your payments for DSL. If bertelsmann would have kept AOL europe shares, and provided all music for AOL customers for "free" and then pay the musicians like from the money they get from DSL accounts depending on the download quotes just as televison people are paid based on qoutes, then they would have a simple but working business model. People are willing to pay for content but only on a flat fee and content independent way.
    And then, if there is still room in the market for "pay-TV"/"pay-Internet", then you can think about napster fees for high quality content.