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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."

43 of 170 comments (clear)

  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. 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...

  3. 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 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. 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.

  5. 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 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.
    2. 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.

    3. 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.
  6. 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...

  7. 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...

  8. 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

  9. 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

  10. 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

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

    Enough is enough, no more April Fools jokes!!

  12. 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.

  13. 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
  14. 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.

  15. *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.
  16. 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 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"
    3. 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.

    4. 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?

    5. 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.

  17. 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 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...

  18. 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!
  19. 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
  20. 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?

  21. 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."
  22. 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
  23. 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
  24. 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.
  25. 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.
  26. 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
  27. 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.

  28. 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."
  29. 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.

  30. 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.