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Sharing Increases Music Purchases?

darnellmc writes "See this News.com article which cites a study that shows file swapping increases music purchases. I guess it all depends on who is paid to do the study and how they carry it out, but this report would counter the study performed by an RIAA backed group, which noted that file swapping lowered music purchases. You would have to be one cheap individual to want to download all the music in your life for free and this study proves that. Because most people are obviously using file sharing to find new music to purchase. A concept the RIAA can not comprehend. If future major music releases are copy protected, it will be interesting how the RIAA will respond if they sell less." Well, if they sell less, it will be due to pirates, of course. A few weeks ago we mentioned Wilco, who released their album on their website for free. The strategy appears to have paid off.

142 of 384 comments (clear)

  1. I remember.... by ejaw5 · · Score: 5, Funny

    years ago when I wanted Free music I had to sit next to the radio all day until they played the song I wanted and recoreded it using the Tape Deck, crossing my fingers hoping the DJ wouldn't come on early before the song ended.

    --

    $cat /dev/random > Sig
    1. Re:I remember.... by xonker · · Score: 2, Informative

      hoping the DJ wouldn't come on early before the song ended.

      It's called "ramping" - and it's one of my biggest pet peeves. I used to work in radio and I refused to do it - people tune in to hear music, not some asshole talking over "Shine on Crazy Diamond." Many DJs, however, are so in love with the sound of their own voice that they think it sounds "cool." Let's start a movement - next time you hear a DJ "ramp" your favorite song, call the station and raise hell. Maybe within five years we can wipe the practice out. I've never met a non-DJ that thought it was enjoyable, but it goes on because people don't complain. People in the "industry" think it's a Good Thing.

  2. Swapping? by Anonymous Coward · · Score: 2, Funny

    I don't quite get the relation between music sales and my swapfile.

  3. Amen to that! by Anomolous+Cow+Herd · · Score: 5, Funny
    Because most people are obviously using file sharing to find new music to purchase.

    I'm glad that I'm not the only who's doing this. Just last month, I was looking around for industrial music and decided to download the entire "Downward Spiral" album off of LimeWire. I ended up liking it so much that I went off to Best Buy the next week and put the CD in my pocket while no one was looking before quietly walking out the back door and sprinting for my car. Man, what a rush.

    Anyway, more power to the music sharing people. I think it's about time someone ran an honest, non-biased study about this, and I'm glad to see these results. They just prove to me what I've known all along.

    --

    "I don't know that atheists should be considered citizens, nor should they be considered patriots." - George Bush
    1. Re:Amen to that! by techstar25 · · Score: 2, Informative

      Agree. I downloaded most of the Ill Nino album, then I liked it so much, I went out and bought it. Typically I listen to underground metal/emo/hardcore music that never makes it to radio or MTV, so I find new bands by using kazaa, but I still buy CDs as much as I ever did. The problem is that radio and MTV are flooded with shitty acts right now, so lots and lots of people have turned to file sharing to discover new music.

    2. Re:Amen to that! by Jeff+Probst · · Score: 2

      i note you are a typical microsoft basher, yet you use kazaa. nice work convincing me not to use windows.

    3. Re:Amen to that! by Phexro · · Score: 2

      "I'm glad that I'm not the only who's doing this. Just last month, I was looking around for industrial music and decided to download the entire 'Downward Spiral' album off of LimeWire."

      If you are interested in real industrial music, versus that electrotechnoalternapop NiN shit, go buy some stuff on the Metropolis Records label. They have contracts or U.S. distribution rights to huge numbers of fantastic industrial/electronic/experimental/goth acts, such as:

      Apoptygma Berzerk
      VNV Nation
      Icon of Coil
      Haujobb
      Das Ich
      Front Line Assembly
      Juno Reactor
      In Strict Confidence
      Kevorkian Death Cycle
      Leaether Strip
      Pulse Legion
      :wumpscut:
      Suicide Commando

      They also have loads of stuff available from their online store. They provide MP3 samples of their albums. They don't charge royalties for Internet radio broadcasts of material by their artists. They aren't RIAA members. Their CDs cost a more-normal $14-$16, versus the $19-$20 most major labels are charging.

      In short: these are the good guys. Go buy from them and support non-mainstream music.

    4. Re:Amen to that! by TMB · · Score: 4, Informative

      A couple of points...

      - It is possible to both like NIN and like more traditional industrial. Trent's a great musician.
      - A good fraction of what Metropolis puts out these days is just re-licensed from Bloodline and a couple other European labels... which isn't to say that it isn't good, but they're not doing as much at advancing the scene as the labels that are really discovering the bands.

      Anyway, if people are interested in good industrial and goth, a few other recommendations (in addition to the many good bands Phexro mentions):
      - Nitzer Ebb
      - The Crüxshadows
      - Rosetta Stone
      - Endanger
      - Covenant
      - Recoil
      - OMNIbOX
      - And One
      - Einstürzende Neubauten
      - Collide
      - Flesh Field
      - Battery
      - Seabound

      Could go on for a while more, but that should give you a good start. :-)=

      [TMB]

    5. Re:Amen to that! by Phexro · · Score: 2

      Long as we're talking about bands who "get it"...

      Which reminds me of one of my favorite bands ever, Chemlab. I have no idea how I forgot about them. Anyways, check out their 1994 release, "Burn Out At The Hydrogen Bar". It is utterly fantastic.

      I've heard that there's supposed to be a new release (after being broken up for... 6(?) years), though I haven't seen anything official.

      Saw a band I'd never heard of posted in a USENET group last year...

      alt.binaries.sounds.mp3.gothic-industrial rules, btw. :)

      dunno if Cleo's been eaten by the RIAA cartel yet, but the last time I checked, Cleo was clean...

      AFAIK, they continue to be a decent label. I don't like a lot of the tribute/compilation releases they put out. Some are good - the industrial AC/DC tribute, uh... "Covered In Black" is real good, particularly Razed In Black's cover of "Hell's Bells" - but some are crap.

      Looking at their website, I see that they've just signed Zeromancer. Check these guys out, they're great.

  4. wilco by sith · · Score: 4, Insightful

    Listening to the new wilco disc as I write this. It's fantastic, anybody who's into bands like Olivia Tremor Control or Neutral Milk Hotel will definatly dig it.

    And, coincidentally, I downloaded the whole album off the net a few days before it came out, and still bought it the day it was available.

    My own music purchasing has declined substantially since napster went away and getting music got "harder" - limewire and the rest are ok, but nowhere near as convenient as napster was. I've purchased maybe 10 discs in the last 12 months or so since napster really died, verses probably 50 or 60 in the 12 months before that.

    Oh well, they want to shoot themselves in the foot, call us all criminals, whatever, I guess they can keep on doing it.

    Now I must go, as I have some commercials to fast forward through, as part of my evil scheme to steal television! muahaha!

    1. Re:wilco by darien · · Score: 2

      Download 'Holland, 1945'.

      Listening to it now. And... er... am I missing something? Could someone perhaps explain why this is good? I seriously don't get it.

  5. Music shareware by saphena · · Score: 3, Interesting

    An awful lot of commercial applications achieved the market share they got/have because they were released in some sort of try before you buy format, shareware, etc

    It's a proven business model.

    Why would anyone *presume* that it won't work for music?

    1. Re:Music shareware by God!+Awful · · Score: 2

      An awful lot of commercial applications achieved the market share they got/have because they were released in some sort of try before you buy format, shareware, etc

      It's a proven business model.


      Shareware is a proven business model!?! If people were honest enough to pay for shareware then we wouldn't have crippleware, nagware, self-destructware, etc.

      Plus, how much shareware do you see these days anyway? It's mostly been replaced by open source.

      -a

    2. Re:Music shareware by fishebulb · · Score: 2

      there are different levels of each type of shareware. A simple asking my to register/buy before using xyz app is not bad (even in combination with a 30 day trial)

      shareware that constantly popups with messages throughout normal usage quickly gets the uninstall for a more friendly program preferably free if possible

  6. Obviously... by danro · · Score: 2

    I guess it all depends on who is paid to do the study and how they carry it out, but this report would counter the study performed by an RIAA backed group, which noted that file swapping lowered music purchases.

    And guess wich study will get the most attention in the mainstream media?
    No prices for knowing the correct answer to that one I'm afraid...

    --

    "First lesson," Jon said. "Stick them with the pointy end."
  7. No doubts for increase by justsomebody · · Score: 2, Insightful

    Internet music sharing is most common wide spread commercial that's possible. There are only two kinds of people, the ones who nuy, and the ones who don't. So if some performers songs don't reach buying public (mostly because of a poor commercial), they don't sell, this way makes it possible to push samples all over the world for free.

    RIAA is just bullshiting just like BSA. No common good, just turning a
    people away of buying products.

    --
    Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
  8. All my music... by ceejayoz · · Score: 2, Informative

    Every single CD I own I bought because they'd been suggested by a friend who sent me an MP3 (or told me to download one). Before Napster, I'd never bought music other than movie soundtracks...

    For example, my favorite group, Apocalyptica (rock'n'roll cellos) - I own all 4 of their released CDs. Were it not for Napster, I'd never have heard of them, let alone purchased their music.

    1. Re:All my music... by letxa2000 · · Score: 2
      The MPAA would sell more music if they pushed/marketed/supported better music, I think.

      The MPAA would sell more music if they sold music to start with...

    2. Re:All my music... by ZxCv · · Score: 2

      Anyone ever seen Apocalyptica in a record store?

      Yup. I own 2 of Apocalyptica's CDs (Plays Metallica by Four Cellos and Inquisition Symphony), and I bought both of them at a mainstream store. I got Plays Metallica by Four Cellos at Best Buy and I got Inquisition Symphony at Circuit City. I'm sure neither store carries huge inventories of these CDs because I did have to check once or twice before actually finding the CD at each place, but nonetheless, they still carry them. And if Best Buy and Circuit City carry them, I'm sure any mainstream place to buy music carries them, even if only on a limited basis.

      --

      Perl - $Just @when->$you ${thought} s/yn/tax/ &couldn\'t %get $worse;
  9. It doesn't matter. by flacco · · Score: 2
    As my business instructor was fond of repeating ad infinitum - a businessman's goal is not to make a profit - it's to maximize his profit.

    Music corps lose nothing if they can explicitly control music use. They could then choose to allow sharing as widely or as narrowly as they like.

    Watch for it - the DRM PC will become a reality.

    --
    pr0n - keeping monitor glass spotless since 1981.
    1. Re:It doesn't matter. by rnturn · · Score: 2
      ``Then the corps go bust and you'll have hillary rosen sitting on the sidewalk weeping and wondering why it didn't work.''

      I'm sorry... perhaps I missed something in your post. This would be bad, how?

      --
      CUR ALLOC 20195.....5804M
  10. I buy more... by AcidDan · · Score: 5, Insightful

    True,

    When I was a student I shared and swapped a LOT of MP3s... Since I started full-time work last year, I buy all my music mainly because:

    a) I get the original CD
    b) I can play the music on the way to work in my car

    I still rip CDs into MP3 so I can just use iTunes rather than cart around umpteen hundred CDs... But it's kinda satisfying knowing that most of your MP3s are from your own collection...

    I think what the record companies need to do is no discourage music sharing by rather value add the CDs that they sell. I recently bought "Faithless - Special Edition" and the added value was a bonus CD.

    If they value add their CDs along the same lines as the difference between buying video or a DVD - think they they won't have a problem.

    Personally, I don't think they have a problem now.

    -- Dan =)

    1. Re:I buy more... by feldsteins · · Score: 3, Interesting

      The latest "value" added by a record company really turned me off. I had heard that the I Am Sam sountrack (the one with all the Beatles covers by today's artists) was copy protected. At least I'm pretty sure I heard that.

      No matter. The coffee shop where I hang out was playing it yesterday and I went up to the counter and asked to see it. Popped it into my Titanium and ripped it no problemo. Wonder if the copy protection is Windows only?

      Incidentally the Sarah McLachlan rendition of Blackbird is pretty darned good.

      --
      You like your Macintosh better than me, don't you Dave? Dave? Can you hear me Dave?
    2. Re:I buy more... by God!+Awful · · Score: 2

      I think what the record companies need to do is no discourage music sharing by rather value add the CDs that they sell. I recently bought "Faithless - Special Edition" and the added value was a bonus CD.

      Good thing no one ripped that bonus CD and posted it on the Internet. Seriously, last year people were suggesting that everyone would buy the original CDs just to get the cover art; now there are sites where people can scan in the album covers and post them. What's next? Buy the CD and get a secret decoder ring.

      If they value add their CDs along the same lines as the difference between buying video or a DVD - think they they won't have a problem.

      There is no doubt that people will buy DVDs just to get the bonus material. However, if a) reverse engineering the DVD encryption standard wasn't illegal, and b) bandwidth was a fair bit cheaper, don't you think that people would be "sharing" DVDs on the Internet? (or even just the bonus scenes)

      -a

  11. The obvious is finally setting in by dw5000 · · Score: 2, Interesting

    They said TV would lower attendance at sporting events. Instead, it heightened their popularity.

    Jack Valenti's "Jack the Ripper" comments about the VCR have given way to a rental market that now generates 1/3rd of Hollywood's money every year.

    And now comes Yankee Hotel Foxtrot, an album released on the Internet in MP3 format (and still available on unnamed P2P services) that has sold fairly briskly in its first week out.

    The upshot, I think, is that the medium-sized bands can benefit greatly from file-swapping, and this only fills the coffers of the record companies all the more. I may or may not have been swapping files for two years, I cannot comment on this, but I can tell you that I have bought many more CDs lately, and this may be because I listened to tracks online before buying, or maybe I didn't. Anyway, the record companies will learn to adapt, because intense copy protection will only doom them in the end, esp. if said copy protection "requires" CDs to go to $20 retail.

    OT: Yankee Hotel Foxtrot is one of the best albums I've heard in years. Buy it, or find one of those file-sharing things and check out their music there -- then buy it.

  12. hmm... by iamdrscience · · Score: 2, Insightful

    I remember reading about a similar report a long time ago (like a while before Napster was shut down)....

    WHEN WILL PEOPLE LEARN TO SHARE?!?!?!?! THEY TEACH YOU THAT IN KINDERGARTEN STILL, RIGHT!?!?!?

    1. Re:hmm... by edrugtrader · · Score: 3, Funny

      they also teach you to use your inside voice when you post on /.

      shhhh

      --
      MARIJUANA, SHROOMS, X: ONLINE?! - E
    2. Re:hmm... by iamdrscience · · Score: 3, Funny

      sorry, I typed that post on my laptop on my lawn via wireless ethernet so I forgot that some people would be reading my posts INSIDE.

  13. you have to take into consideration... by White+Shade · · Score: 2, Informative

    don't get me wrong, i'm all for prereleasing albums on the internet, but, looking from a completely neutral standpoint, can the success of the album be attributed to it being released on the internet? How many of the 55,573 copies were purchased by people who had heard about the album on slashdot and wanted to try to 'help the cause.' If another band were to release an album on the internet first, but didn't get mainstream (as mainstream as slashdot can be, at least) attention, would it have as much success?

    just an opposing viewpoint to think about ...

    --
    ìì!
  14. Anecdotal Data Point by scotch · · Score: 5, Interesting
    I have about 900 CDs, 100 vinyl albums, some music videos and DVDs, all of which I've purchased, some of it used. I have a couple thousand mp3s/oggs on a couple drives. Most of that is ripped from my own collection. Some of it is downloaded, though: of all that I've downloaded, I've bought albums for relatively little - maybe 10%. That doesn't include downloaded songs for music I already own (too lazy to rip, or my stuff is damaged - whether that is wrong is another topic). At the same time, I don't feel all that bad about keeping the other mp3s for stuff I don't own.

    Maybe I'm just getting older (I think I would buy less music no matter what - it's not such a priority anymore), but I can't help but look at the wall my music collection takes up, and think about all the money it represents. Add to that all the money I've spent on concert tickets, t-shirts, beer sales at concerts, etc. It works out to be just shy of mother-fucking-lot-of money. And 95% of that has gone to the middleman,labels, and the RIAA. The artists I like tend to be poor. My devotion and buying habits don't help them: instead I just line the pockets of some record company exec's pocket.

    I think any study should account for the fact that many people will likely buy less music as they get older. The trends with the kids (as in many things music related) is what really matters.

    At this point, the RIAA owes me free access to every thing they put out until I die. I've been a good consumer. I probably paid for some asshole's Porche.

    --
    XML causes global warming.
    1. Re:Anecdotal Data Point by scotch · · Score: 2
      Yeah, he's the executive raping one of favorite bands The The, so it kinda makes sense.

      --
      XML causes global warming.
  15. Re:Of course.. by danro · · Score: 2

    Actually they did.
    jamie flamed them heavily though...

    --

    "First lesson," Jon said. "Stick them with the pointy end."
  16. Re:thank goodness. by b_pretender · · Score: 3, Interesting
    You have a valid point.

    If you don't agree with the Copyright terms, then don't listen to the music. It's a consumers market. The reason that the RIAA affiliates force commercialized pop crap down everybodies throat is because we buy it.

    I download songs from the internet. I sometimes purchase albums from artists whos songs I've downloaded or found out about on the internet. I don't use the latter argument to justify the former.

    Stealing is stealing. It doesn't matter if you are stealing a *copy* or stealing the CD from a store. It is not ethical because the legal agreement between the artist, recording company, and you is being broken.

    If you don't like this contract, then wait things out. Capitalism is a great engine to spur innovations. Eventually, somebody, somewhere, will have a distribution model that works better than what the creative geniuses </sarcasm> in the recording industry can come up with and the *consumers* (that's you and me) will buy into it. Eventually this model will be one that the RIAA can't squash.

    In the mean time, our only job is to remind the government that people, not corporations, have rights.

  17. Limited resources? by realdpk · · Score: 2

    "Music sellers should devote their limited resources to online marketing and distribution"

    Hahaha. Limited. I sure hope they we're being facetious.

  18. Re:Of course.. by _Sprocket_ · · Score: 3, Insightful


    ...if you found an article that showed "sharing" hurt purchases, you guys would never post it, or at least accuese them of being RIAA lackeys.


    Hello, Capt. Obvious.


    Slashdot HAS, in fact, posted articles that mention just such a study (heck - THIS article mentions it even if it leaves out a link). And yes, they noted that the study was from the RIAA.


    To be fair, this article admits that studies tend to favor the views of those who are paying for them.


    You're a smart reader. Follow the links. Read the studies. Note who is paying for the study. Make up your own mind.

  19. Depends on the person by Trepidity · · Score: 2

    I know plenty of people in both categories. There are many people who download music in order to hear things they aren't familiar with, and then buy the CD if they really like it (or at least buy some of the CDs they really like). But I also know many other people who no longer ever buy CDs and instead burn their downloade mp3s to audio CDs. If asked why they don't buy CDs, the usual response is something along the lines of "I already made the CD myself, why would I pay to get the same thing?"

    There's an increasing number of these "freeloaders," as it were, compared to say 3 or 4 years ago. By now the only people I know who still buy CDs are one of:
    1) obsessive fans of a particular band, who buy everything that band puts out (but still pirate everything else)
    2) music collectors (often self-described "audiophiles") who enjoy physically owning the CD because it increases the size of their music collection

    There also used to be people who liked the liner notes and cover art and such, but with cheap scanners you can find most of those online these days anyway (many mp3-release groups release the scans along with the mp3s), so the only people who still care about that are the people who already fall into category (2) above, and want an authentic physical copy rather than a printout of a scan.

  20. How to support music by neurojab · · Score: 5, Insightful

    Go to clubs w/live music (bands you like), pay the cover, drink lots of beer, score a couple of phone #s, then go home and download all the MP3s you want. Never feel guilty. You will have a MUCH greater impact on the state of the music scene by going out and drinking beer than buying CDs. In addition, you'll support the up-and-coming artists who just want to play music. Just remember, the more beer you drink, the more "in demand" that band will be, and the better the music scene in your city. It's guiness time.

    1. Re:How to support music by so1omon · · Score: 2, Insightful
      as a member of one of those "promising local bands", i have to agree with this. if you want to support music, come out to shows. buy merchandise from the band directly as much as possible, otherwise the band gets next to nothing. and yes, drinking beer is important. clubs ask the bands that sell a lot of beer to come back... and we all know that any excuse to drink beer is a good one.

      there is so much good, honest, artful music out there that no one gets to hear.

      --
      i'm the jedidiahmarkfoster your parents warned you about
    2. Re:How to support music by glitch_ · · Score: 2

      This might sound like a strange request, but you should put your band name and a link in your .sig. I make a habit of going to small bands' websites to listen to thier music and buy thier CDs. The problem is most small bands don't advertise at all, probably do to a lack of funds, but posting on slashdot is free =). I don't go to clubs, I don't like the atmosphere, but that doesn't mean I don't want to hear you.

      best of luck.

  21. My latest personal experiences by inerte · · Score: 2, Informative

    ... with file sharing, specially music, were around these lines. First, a good friend of mine, who plays piano and is a sound technician, told me about this crazy sound from a band named Mahavishnu Orchestra. So I downloaded ~20 songs played by them, and I liked them all.

    At a music store the other day, I saw Mahavishnu's cds, and there were songs that I have never seen on AudioGalaxy, Kazaa, Gnutella, Edonkey, no single file sharing program. I could go back to my home and search for more Mahavishnu on AudioGalaxy (and I did a few days later, and there are much more), but there, standing with the cd at my hands, I thought: "I gotta listen to these songs".

    And this is when I paid 15 dollars for it. I bought a cd from a relative obscure band that, I confess, have downloaded songs from the Internet. But these moments at the store are what we call consumerism. I have to get this cd, the thought wouldn't stop crossing my mind. I have, because the band is cool, I have the necessary money, never heard these songs, and above all, they deserve.

    Of course, that's an single example, since this situation happened many more times.

    Moral of the history? If I couldn't download Mahavishnu's songs, the music industry wouldn't earn even these 15 dollars.

    Second moral of the history? File sharing can be profitable, all we need is a reason to spend the money.

  22. Re:it's true by qqtortqq · · Score: 3, Insightful

    My entire music library now consists of legally free music.

    I got sick and tired of listening to the RIAA spout its garbage, so I turned to mp3.com. I have never heard better, more creative music in my life, and all with an open source mentalty. I will never again bother with "music-for-money" - people who create music for the love of it make music that sounds thousands of times better than people who do it for the money.

  23. Re:Oh well... by mgv · · Score: 5, Insightful

    They (record companies) seem determined to kill the goos that laid the golden egg. They'd rather have control than cash.

    I think that they would rather have the cash.

    Its more that they don't understand either the technology (which is probably unstoppable), or their own customers.

    In particular, the major music labels don't seem to understand that:

    1) Some people will pay money anyway for CD's if they like them enough.

    2) Alot more people would buy the music if they sold them directly over the internet.

    I personally believe that their sales would rocket up even at the same profit margins if they just dropped the cost of producing and distributing the CD's from the price of an internet download. This might only be a few dollars cheaper than what you pay to a major music store for the CD.

    So what I think is happening here is the equivalent of what happened to encyclopedia salesmen with encarta. They were so locked in to a large existing sales network with high production costs that they could not bring themselves to cannibalise their own networks to maintain sales. This nearly destroyed the companies (such as britannica) before they finally did a U turn. People were happy to buy an inferior (M$ Encarta - not that it was bad, just less information) product because it was so much cheaper, and almost as good.

    The analogy here of technology hitting an established high premium sales network is pretty tight. And I believe that the outcome will be the same. Eventually the networks will recognise this, and sell music tracks online for alot less than they currently do. They will prosper under this arrangement, although much of their distribution network will have to die in the process.

    For the record, I can see the same thing ultimately happening with video, and a similar process of technological change is occuring with cameras and film. Our home computers will take on all of these tasks. We will still shop, but for production tools (printers, cameras) and 'raw' materials (blank CD's, DVD's high quality paper). Companies that get on this bandwagon will do well (ask Kodak), and those that pretend it isn't happening will go towards the wall (ask britannica!).

    My 2c worth

    Michael

    --
    There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
  24. Credibility of "Thieves" by Jon+Howard · · Score: 5, Insightful

    A study released this week by Jupiter Research reports that about 34 percent of veteran file swappers say they are spending more on music than they did before they started downloading files. About 14 percent of heavy file traders say they now spend less on music.

    The problem with this study is that it is contingent on the credibility of people who openly admit that they're breaking the law (though that's arguable). It'll be tough to make that point stand up against the numbers that huge law-abiding (right) corporate entities are backing.

    Oh, and I have pretty much dropped back to pre-napster music purchasing habits since it's become more difficult to find what I'm looking for without fear of penalty. I was spending easily 1000% what I am now.

    1. Re:Credibility of "Thieves" by gilroy · · Score: 2
      Blockquoth the poster:

      The problem with this study is that it is contingent on the credibility of people who openly admit that they're breaking the law (though that's arguable)

      The studies quoted by the RIAA also rely upon self-reporting, a notoriously malleable form of data-collecting. 72% of all statistics are made up.
    2. Re:Credibility of "Thieves" by recursiv · · Score: 2
      credibility of people who openly admit that they're breaking the law

      Meaning they're being honest about their law breaking? What's so contradictary about being a truthful law breaker? It seems to me that they can exist together. For instance, I openly admit I don't come to a full stop at all stop signs. Does this make me less credible?

      I'd be just as suspicious of people who claimed to not engage in file swapping. I have no specific reason to distrust either.

      --
      I used to bulls-eye womp-rats in my pants
  25. What's preventing me from buying CDs... by NanoGator · · Score: 5, Insightful

    ... right now is that the RIAA has labeled me a thief. It wasn't all that long ago that I was downloading music and then making trips to the music store. Somebody'd say "Chemical Brothers is pretty good.." and I'd go find some CB songs and listen to them. Boom, found an interesting album, went and bought a CD.

    Now, though, I'm a thief because I download songs. That's it. No other definition. They don't care that the MP3's I had were complimented with store bought CD's. Hell, they even tried to take my rights away with the SSSCA. Did they even try to support me as a customer? Nope. They still sell albums but not singles (not enough singles I should say...). They still insist that I can only listen to the CD and not the MP3 version. They don't cater to my new demands that I'm willing to pay for. They assume that because I own an MP3 Player and a CD Burner that I'm automatically going to stop paying for music. They even use numbers based on that (fictional numbers I might add...) in order to grease up a politician into getting the Government to pass laws to keep their ancient business model going. I'm sorry, but I'm not giving any more money to the RIAA so they can buy legislation that takes my rights away.

    Right now, my only realistic approach to buy used CD's. Unfortunately, I feel bad because I really would like to support the artists out there. If there are any artists reading this article now, please... provide me with a way to pay you directly. I'll pay double what your royalty from a CD would be. At this point, I don't care about having MP3's legitimately anymore, but I do care about making sure the artists have incentive to keep doing their work.

    Here that RIAA? You're scaring off your customers! How long do you think that business model will last?

    --
    "Derp de derp."
    1. Re:What's preventing me from buying CDs... by NanoGator · · Score: 2

      "Unfortunately most of the restrictive contracts the artists are forced to sign prohibit them from selling their content by other means other than the record company. "

      You bring up an excellent point. I thought about that while I was writing my original post. If they do future albums, they may not be covered under the contracts. (Although, my hair wouldn't exactly stand up if I found out that there were contracts out there that screw them out of that too...)

      Future artists, though, should consider being aware of internet licensing. If I download an MP3, then I didn't cost the music producer any media fees. If I got it from Kazaa, then I didn't even cost them bandwidth. I would like that savings passed on to me. If I paid double their royalty, then they'd not only get more, but I'm still saving money.

      I envision a day before too long where an artist makes music, puts it on a site, and is very fair and flexible about licensing of his/her songs. I'm hoping a popular visionary comes along before too long...

      --
      "Derp de derp."
    2. Re:What's preventing me from buying CDs... by silentbozo · · Score: 3, Interesting

      There was an interview on the TV with one of the music recording artists trying to overturn an exemption to a California law allowing for excessively long personal service contracts for people who sign in the music industry. For those who don't know, California limits the maximum length of a personal service contract to 7 years. Any longer than that is illegal. In 1987, the recording industry managed to get an exemption passed just for them, basically allowing for indentured servitude on the part of artists who sign with them.

      The recording industry's excuse is that if a band or artist gets popular, they need to be allowed to get maximum return on their investment (ie, they need to exploit them to the maximum the law allows) in order to make up for all the people who they sign that don't make it. The artists (at least the successful ones), understandably, are pissed about this - the example cited in the interview was of a singer who had been signed when she was 12. According to the terms of her contract, she needs to produce 11 albums. At 1 album every 2 years (a statistic she cited as being an industry average) she would be bound to the contract until she was 34 (at the time of the interview, she was in her early 20s.)

      After her label got wind of her interview, they managed to negotiate a settlement, but there are other artists in similar positions. Essentially, they sign a contract dictating terms for a certain number of albums, and if they make a hit, they have little or no room to negotiate with the label because of the contract.

      Of course, one of the terms of contract is that what they produce is property of the label - hence many artists, even if they wanted to promote themselves with MP3s, have their work controlled by the minions of the RIAA, including future work as covered under the terms of the contract...

      That's how evil the system is. Now, before anyone goes off buying the RIAA line, consider this: the old Hollywood studio system functioned in the same way - actors, writers, directors, etc. were all under contract, and distributors were often forced to accept a "B" picture along with an "A" picture. These days, I don't think anyone would say that the movie industry is lacking in profits, even though everyone shuffles from job to job without the kind of iron-clad contracts that still characterize the music industry.

    3. Re:What's preventing me from buying CDs... by Nurf · · Score: 2

      Right now, my only realistic approach to buy used CD's. Unfortunately, I feel bad because I really would like to support the artists out there. If there are any artists reading this article now, please... provide me with a way to pay you directly. I'll pay double what your royalty from a CD would be. At this point, I don't care about having MP3's legitimately anymore, but I do care about making sure the artists have incentive to keep doing their work.

      I'm not an artist, but try fairtunes.com.
      You get to support the artists directly, through donations sent to them. Fairtunes will hunt down the artist for you and pay them your donation.

      --
      ---
    4. Re:What's preventing me from buying CDs... by Alsee · · Score: 2

      What's preventing me from buying CDs ... right now is that the RIAA has labeled me a thief.

      Recently I was at the mall and decided to browse the music store. I'm flipping through random obscure techno CD's and come across Happy 2B Hardcore and my reaction is "Holly shit! This CD is cool, I came acroos some of the tracks on the net a while ago." I look at the price tag - $20 - ouch! I had just decided to blow the 20 bucks when I think:

      SSSCA. Crippled CD's. "Pirates". The death of Web radio. Proposed legislation "not responsible for incidental damage" when persuing "pirates". The idiot RIAA speach during the grammies. DRM. The Felton DMCA case. ETC.. ETC.. ETC..

      Then I decided "Fuck'em!" and walked out with my $20 bucks in my pocket.

      How about the next survey has an option "I refuse to give money to an organization that will use its profits to buy legislation trampling my rights".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  26. What if you could download the bonus CD too? by Artifice_Eternity · · Score: 2


    This is not a troll. It's a serious question.

    I agree with your general point, that CDs should have value-added features. But "added" audio tracks will just end up online like the "regular" ones.

    Enhanced CDs with videos are a nice thing (videos can be file-shared, too, of course). Good cover art, packaging, booklets, etc. may be even better. You can download scanned cover art and print it on your color inkjet, but it will always look cheesy compared to the real thing.

  27. No hard data by trenton · · Score: 2
    Another report, yes, but no hard data. Sure, they asked people if they bought more music or less music. But, they didn't verify their statements, or track a person's buying habits, or rectify their statements with actual sales numbers. Sounds like a bunch of opinion to me.

    I guess the Truth is Still Out There.

    --
    Too big to fail? Does that make me to small to succeed?
  28. Welcome to the Real World by cperciva · · Score: 2

    You would have to be one cheap individual to want to download all the music in your life for free...

    People *are* cheap. How many people do you know who send off their income taxes with a smile, saying "I'm so glad to contribute to the causes which we citizens have jointly agreed to support"?

  29. So what will it be ? by tmark · · Score: 3, Interesting

    A few weeks ago we mentioned Wilco, who released their album on their website for free. The strategy appears to have paid off.

    The hypocrisy and inconsistency of arguments on these matters stuns me.. When record industry execs point to apparently flagging CD sales and the rise of P2P file sharing/piracy, people snidely attribute the drop in sales to poor record-company product, and NOT to P2P, rightly pointing out that correlation does not point to causation.

    Yet when one band makes their album available for free, and coincidentally sell a lot of records/gets a lot of favorable press, people here (and the author of the referenced article) automatically attribute the PRESUMED increase (the numbers aren't in yet) in sales to the free availability of the CD. Yet they so willingly fall for the same statistical fallacy, namely in assuming that there is some causal relationship between the free availability of the CD and increased sales/buzz the CD is receiving. MIGHT ALL THE HYPE ABOUT WILCO BE ABOUT THE MUSIC, AND NOT THE DISTRIBUTION ?

    But what really perplexes me is that the author of the referenced article HIMSELF points out (while damning viewpoint contrary to his own) that "correlation is not causation", even though his whole thesis is BASED on that very fallacy.

    There have been lots of bands that have made their music freely available, yet I can't think of ONE that is successful BECAUSE they have done so. Certainly, if Wilco sells a lot of records, people will be cheering filesharing and deriding the RIAA, even though they may well have sold as many or more records without the free distribution.

    1. Re:So what will it be ? by silentbozo · · Score: 2

      You're missing the point. The point isn't whether it's Wilco's quality vs. Wilco's promotion method - obviously people buy because the like the music, not because they can download it and then buy it. The point is that the marketdroid dominated music monopoly decided that Wilco was NOT marketable, and allowed them to get out of their contract. That Wilco was able to make it to 13th on the charts in their first week of release, without having a huge-ass marketing budget behind them - that's the real point. Wilco is directly challenging the place of tradional music conglomerates, and showing that people will buy music because they like it, not because the marketers tell them that they should.

      On that note, I'd argue that the MP3 provided valuable promotional exposure in lieu of the huge-ass marketing budget, and even better, Wilco did not have to sign their souls away in exchange for those marketing dollars.

    2. Re:So what will it be ? by RAVasquez · · Score: 2

      Actually, what struck me about Wilco's sales figures were that the entire album was free to download, yet people still paid for actual CDs. It's just a little evidence that MP3s don't automatically equal lost sales.

      --

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

  30. Chumbawumba by NanoGator · · Score: 2

    Btw, Chumbawumba seems to understand the power of the internet. Though they don't 100% fit my vision of what a web-based band should do, they are much much closer. Here's their site:

    http://www.chumba.com

    Not only do they seem to understand that the internet is a powerful tool for selling their music, but they also provide some songs to download for free. I highly recommend reading their FAQ because they talk about their views on file trading and how the corps try to soak up more money than they deserve.

    Be cautioned, though, they are basically an anti-corporate band. Although I'd highly recommend you read about what they're about instead of taking my overly-processed view of who they are. :)

    --
    "Derp de derp."
  31. YOU PEOPLE DON'T GET IT! by gnovos · · Score: 5, Insightful

    It's not about the money!

    As much as they pretend about the money, the REAL reason what "file sharing is wrong" is becuase it allows for a subtle shift in the societal mindshare concerning how music gets distributed. The "content industry" is a misnomer, it's actually a "distributiuon industry", producing either very little or NO new content at all. Allowing the public (PARTICULARLY the artists) to begin to think about alternative means of distribution as actual possibilities (not just pipe dreams) is the first step on the road to utter decimation of the status quo.

    --
    "Your superior intellect is no match for our puny weapons!"
    1. Re:YOU PEOPLE DON'T GET IT! by gnovos · · Score: 2

      I really don't think the RIAA has anything to worry about. If they were cut out of the picture, the artist would have to do all the promotion, marketing, recording, and distribution on their own. With the amount of energy it takes to tour and play shows, this would be an impossibility (especially withou initial capital).

      Not true, not true. How much does promotion, marketing and distribution cost? I mean how much does it really cost. Lets say you are the kind of artist that can sell a million albums at $20 each. As it stands now, you will get maybe 2% at the most (after all the slicing and dicing is taken out of your cut). So, in this model it costs you, the artists, $19,600,000 in "promotion and marketing" money for a return of (possibly) $400,000. Do these people sound like fantastic marketing gurus to you? A high school student with no expierence could take $19.6 million dollar and promote your band just as well.

      In a non-RIAA world, you would put up the initial costs, just like any small business. Take out a $25,000 loan (or have each band member save money working at McDonalds all summer) for *local* promotion (flyers, word of mouth, cable access, etc.) and home-recording (blow a few grand on a nice computer system that will work magic for you). Sell 1,000 CDs at $25 and you have your money back, or 5,000 CDs at $5. That's not too tough, actually, it can be done. Bootstrap up from there. When you eventually DO get to the stage where you are selling 10 million albums, guess what? The numbers will be reversed. You will be paying $400,000 to an advertising agency to run a campaign for you, and you will be pocketing the $19.6 million for youself.

      What isn't this happeneing now? The RIAA has a lock in the market. Go and try to bet blockbuster to sell your album, or 104.1FM to play your latest song... Ah, they tell you "no way" unless you go through the RIAA's cronies... too bad for you!

      --
      "Your superior intellect is no match for our puny weapons!"
  32. The reason is obvious by grammar+fascist · · Score: 3, Insightful

    Status quo is what it's all about, in many things.

    The RIAA is afraid of things they don't think they can control. They don't want to lose the control, or even think about losing just a little of it.

    A lot of the Big Bands, the RIAA's best little moneymakers, are afraid of someone better than them but less known stepping up and getting popular.

    When authors objected to the idea of giving away books, who had the most objections? The guys with lots of books already sold and lots of money did.

    --
    I got my Linux laptop at System76.
  33. An Honest, non-biased study by llywrch · · Score: 2

    > Anyway, more power to the music sharing people. I think it's about time someone ran an honest, non-biased study about
    > this, and I'm glad to see these results. They just prove to me what I've known all along.

    Yes, but when asked to comment on this report, the suits in the record industry claimed that ``people lie" & we shouldn't believe it.

    Sigh. Those people are deep into denial, & if it were a river, Fritz Hollings & his ilk would be buying first class riverboat tickets. They won't be happy until they have control of the contents of every last hard drive -- even that ancient 20MB drive you've used as a door stop for the last 5 years.

    Geoff

    --
    I think I see a trend here. Maybe for them it really would be easier to muzzle the entire internet than to produce p
  34. Re:moderation [OT] by Steveftoth · · Score: 2

    humor maybe? I could be grasping at straws but sometimes funny = good.

  35. It will be years before the votes are in by God!+Awful · · Score: 5, Insightful

    It still surprises me that even on a tech-savvy site like Slashdot, where most readers probably took some university-level math, most people tend to have a fairly weak understanding of logical reasoning, statistical analysis, and game theory.

    1. Anecdotal evidence is worthless in statistical analysis.

    Even if Wilco succeeds in this one particular case, that doesn't provide substantial evidence that releasing your album for free works in general. We don't even know for sure that it benefited Wilco. It probably did... any publicity is good publicity. But go to MP3.com and you will find a ton of bands who made $6 last month in royalties for the priviledge of allowing people to download their music for free.

    2. An effect observed in a small sample size (relative to the total population) may not generalize to a large sample size.

    Wilco's album appears to be selling quite well, and let's assume for the moment that that is due largely to their decision to release it for free on the Internet. Now imagine if everyone did that. Now Wilco would no longer stand out in the crowd, and they would lose the competitive advantage they gained from free promotion. Hype is a non-linear effect.

    3. You must not ignore the effects of statistical lag.

    Imagine a medical study where the patients who receive a new drug feel better immediately, but then die five years later. It is meaningless to compare album sales today to file "sharing" statistics today. It takes time for the effects of technology to affect the market. Take a look at the second derivative, and you may see that file "sharing" is in fact hurting album sales.

    -a

    1. Re:It will be years before the votes are in by Ungrounded+Lightning · · Score: 2

      [Objections to the anaecdotal evidence deleted.]

      Fine.

      But the anaecdote may convince some other bands to try it. And if they also succeed - and get press - the third wave could be a flood.

      And Adam Smith's "invisible hand" drowns the RIAA. B-)

      (Assuming the SSSCA doesn't put it in handcuffs, of course...)

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    2. Re:It will be years before the votes are in by God!+Awful · · Score: 2

      Good post.

      Thank you.

      Curious though, if sharing did by chance happen to be hurting album sales in the long run, (which i doubt) what do you believe should be done about that? Should governments commit to limiting people's ability to share files freely (via encumbered hardware, harsh copyright enforcement, etc)? Or is it time for the record companies to change quickly with society or die?

      I have an opinion which seems to be in the minority here on Slashdot, but which enjoys some support in the music industry. Although all copyright violation is technically illegal, I prefer to make a distinction between small scale violations and systematic violations. Record companies don't particularly like home taping, but it doesn't do that much harm. Making a tape of your favorite band for a friend is a minor offense which is just as likely to generate future sales as it is to encourage future theft. A system like Napster, on the other hand, provides a systematic alternative to buying CDs. While digital theft cannot be prevented, I really do think we need to ensure that it is at least inconvenient.

      Fortunately, large scale piracy is easier to regulate than small scale piracy. Napster et al have central servers that can be shut down. GnuTella apparently doesn't, so the end users will have to be targets. I also think it is appropriate to regulate what hardware manufacturers are allowed to ship. I agree with the anti-TiVo argument that allowing the consumer to record all 14 broadcasts of the Simpsons every day is an illegitimate use of broadcasting technology. The makers of TiVo should not be allowed to include that feature. My internet radio client doesn't allow me to store the stream to a disk. If someone wants to write an open source client for internet radio then I think they should be prohibited from including that feature.

      I don't have a strong objection to encumbered hardware for playing CDs, but I'd prefer not to have to resort to that. I won't get all self-righteous about my constitutional right to make a backup of a CD I purchase, but I think it's a useful feature. I think a good compromise would be for the encumbered hardware to allow you to make a copy of the original disc, but not copies of copies.

      -a

    3. Re:It will be years before the votes are in by Alsee · · Score: 2

      the anti-TiVo argument that allowing the consumer to record all 14 broadcasts of the Simpsons every day is an illegitimate use of broadcasting technology.

      I'm not aware of this argument. It sounds really dumb to me, unless there's something you left out? What bussiness is it of theirs what I choose to watch or record? Maybe on my day off I want to sit and watch 14 hours of Simpsons straight through.

      I also think it is appropriate to regulate what hardware manufacturers are allowed to ship

      They fought all the way up to the supreme court trying to get VCR's declared illegal. They still want to get that overturned. "Someone might use it to make an illegal copy" just doesn't cut it. If it did, you'd have to make everything illegal - copy machines, scanners, printers, camcorders, ordinary cameras, (recordable) audio cassets, etc etc etc.

      doesn't allow me to store the stream to a disk. If someone wants to write an open source client for internet radio then I think they should be prohibited from including that feature.

      Yeah, like VCR's and audio cassettes shouldn't have a record button because someone might tape something and try to illegally resell it.

      Actually it's a silly restriction on a computer. A key programming concept is "(any input driver) piped to (any output driver)".

      That means you write one piece of code that understands audio on a CD, one piece of code that understands MP3's, one piece of code that understands streaming audio, one piece that understands the audio track of a video file, etc...

      You write one piece of code that sends audio to mono speakers, one piece of code for stereo speakers, one piece of code that writes CD's, one piece of code that writes to a file, one piece of code that puts an audio track in a video file, one piece of code that sends streaming audio across the net, etc...

      Then you can mix and match them on the fly. You pipe any input source to any output. It's even more powerful because you can write an equalizer or other effect just once, and simply make a chain of pipes:

      (any input driver) pipe to (equalizer) pipe to (other effect) pipe to (any output driver).

      From a programmer point of view, the restriction you propose is just plain broken. You don't want to allow "streaming audio" to be able to connect to "file output". The whole point of piping data is that the pipe doesn't know or care where it came from, or where it's going. The equalizer would have to "remember" that it came from streaming audio and block file output combination.

      All because it *might* be used illegally. You would be blocking/breaking all kinds of perfectly legal things.

      Streaming to a file is perfectly legal... If the content isn't copyrighted. If I am the copyright holder. Time-shifting. Space-shifting. Educational purposes. Scientific pourposes. If I am criticizing the content. If I an satirizing the content. For signifigant political/social/legal discussion. Etc etc etc.

      If someone yells fire in a crowded theater you arrest them. You do not surgically remove everyone's vocal chords to make it impossible.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:It will be years before the votes are in by rkent · · Score: 4, Informative

      I really do think we need to ensure that it is at least inconvenient.

      Oh man. This is my central complaint with the anti-sharing party line; the fact that they crow about "you can just GO ONLINE and download ANY song INSTANTLY!!1"

      Okay. I'm going to hit the gnutella network right *now*, when there are 1.4M users online (that I'm connecting to), and try to download the newest Sheryl Crowe album. Not because I want it, but because it has a single in the billboard top 5. Got it? Ready? Okay, here we go.

      First, trying a search for audio files containing "Sheryl Crowe cmon," a word from the title of the single. Minutes pass...

      No, really, it's still searching...

      Nope, no result. Must've misspelled "cmon." We'll try "come on" and "c'mon." And I'll even cheat and go get an album description from cdnow.com so I can be sure to get all the songs. Alright! Here we go, guess it was important to put that apostrophe in there. Now, with my max hits set to 50, I find... 14 copies of "soak up the sun" and one of "It's only love."

      Whee! 10 minutes have passed and I'm well on my way to beginning to pirate 2 songs. The transfer rate is really crappy on the one; the other will probably finish within 5 minutes or so. Now to find the other dozen songs on the album, I have to do a similarly laborious title search for each. At least one of which can't be found on the network at all thus far in my searching.

      Granted, this is "just an anecdote," but it's meant as an illustration of the larger issue. Everyone who's really tried to download a whole album will be nodding in recognition by now: it's hard. Especially if you're searching for something that's NOT a billboard top hit. Maybe I put less effort into it than the average hax0r, but I've never gotten more than 70% of any given album off the network. To do so would require at least an hour of my active, dedicated attention, and then several more hours of letting it sit and download. I could spend that time doing work for my employer, and have enough money for 2-3 copies of the damn thing.

      So, yeah, maybe it's "systematic," but it's sure not convenient. If anything it gives you a fuller tease of an album you might want, and encourages you to go pick it up for those last 5 or 6 tracks.

    5. Re:It will be years before the votes are in by God!+Awful · · Score: 2

      I really do think we need to ensure that it is at least inconvenient.

      Oh man. This is my central complaint with the anti-sharing party line; the fact that they crow about "you can just GO ONLINE and download ANY song INSTANTLY!!1"

      Okay, from what I've heard (I don't use these services), Gnutella was the slowest of the bunch. That guy from Napster posted an analysis here of why it wouldn't scale. Also, show a little imagination. Two years from now, computers will be faster, bandwidth will be higher, Gnutella may have its scalability problems sorted out, and music files will conceivably still be the same size.

      I'm not sure why it took you so long to go get the track list of CDNow; that's the first thing I thought of. Then someone will write a GUI which lets you type a list of all the songs you want, and it will go and download them in the middle of the night. Now let's say (and I doubt this), that the four least popular tracks from an album are not available anywhere on the net. You'd have to be some kind of obsessive-compulsive freak to go out and spend $20 to get the four shitty songs from an album when you already got the rest for free.

      BTW, you may clear $20 an hour after taxes, but most people don't.

      -a
    6. Re:It will be years before the votes are in by God!+Awful · · Score: 2
      the anti-TiVo argument that allowing the consumer to record all 14 broadcasts of the Simpsons every day is an illegitimate use of broadcasting technology.

      I'm not aware of this argument. It sounds really dumb to me, unless there's something you left out? What bussiness is it of theirs what I choose to watch or record? Maybe on my day off I want to sit and watch 14 hours of Simpsons straight through.

      TV exists primarily as a method of broadcasting an evanescent signal which is paid for by advertising. The courts have ruled that time-shifting is okay, but at some point there is a distinction between time-shifting and archiving. If you can store programming in perpetuity AND skip past the advertising, then the business case which makes TV possible will cease to exist. The quality of the shows is already suffering.

      Streaming to a file is perfectly legal... If the content isn't copyrighted. If I am the copyright holder. Time-shifting. Space-shifting. Educational purposes. Scientific pourposes. If I am criticizing the content. If I an satirizing the content. For signifigant political/social/legal discussion. Etc etc etc.

      I think you are making most of that up. Last I heard, copyright violations weren't legal for scientific/educational purpose -- otherwise textbooks would be free. You also can't steal music just because it has a political message. Most labels will give you a free CD if you are a music critic, but you don't have a right to a free CD.

      I find it highly unlikely that you are streaming non-copyrighted internet radio broadcasts. However, if you are, I think it is perfectly reasonable for commercial services to have their own streaming media clients (with private encryption keys).

      -a
    7. Re:It will be years before the votes are in by Alsee · · Score: 2

      paid for by advertising... the business case which makes TV possible will cease to exist.

      If a business ceases to be profitable because of changes in technology then they must adapt or die. If they die then new businesses that take advantage of change will replace them. You do not outlaw cars to protect the jobs of buggywhip manufactures and manure street-sweepers. (Yes, the horse manure sweeper union attmpted to get cars outlawed. Sweeping horse-shit was big bussiness when everyone had a horse.)

      The quality of the shows is already suffering.

      While the (lack of) quality of TV is always a popular topic chuckle, I doubt there is any link to home recording.

      I think you are making most of that up. Last I heard, copyright violations weren't legal for...

      It is called fair use. It is interesting to note that the law defines "fair use" broadly rather than narrowly - meaning that they use the phrases "including" and "such as" rather than resticting it to specific uses.

      US CODE COLLECTION
      TITLE 17 > CHAPTER 1 > Sec. 107.

      Sec. 107. - Limitations on exclusive rights: Fair use

      Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

      (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

      (2) the nature of the copyrighted work;

      (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

      (4) the effect of the use upon the potential market for or value of the copyrighted work.

      The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors


      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:It will be years before the votes are in by Alsee · · Score: 2

      I missed 2 points when writing up my other reply...

      I find it highly unlikely that you are streaming non-copyrighted internet radio broadcasts.

      I'm not streaming anything, but this site is. "Yes, feel free to rebroadcast (on Internet or on air) our House and Senate audio streams or to use them just for radio coverage."
      As a matter of fact "free to rebroadcast" stream gets 70 hits. I'm sure there are a lot more if you can figure out the right search terms.

      And as far as the "distinction between time-shifting and archiving", I think anyone who tapes their favorite show and builds up a collection will have a few choice words for anyone that wants to call them a criminal :)

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    9. Re:It will be years before the votes are in by God!+Awful · · Score: 2

      I have obviously heard of fair use. It only comes up on Slashdot 10 times a day. Fair use doesn't mean that the copyright owners have to make it easy for you to reproduce your work. I seem to remember that the courts already decided this way by ruling that reverse engineering eBooks security is not fair use because there are alternate techniques available (transcribing the text, photographing the display). You also don't have the right to a perfect reproduction (e.g. an analog copy of a DVD is acceptable under fair use.)


      While the (lack of) quality of TV is always a popular topic chuckle, I doubt there is any link to home recording.

      I agree that it's not the primary cause. The primary cause is increased variety. We now have so many available channels that none of them can afford to produce good programming. The fact that advertising is becoming less of a viable business model only aggravates the situation.

    10. Re:It will be years before the votes are in by Alsee · · Score: 2

      I have obviously heard of fair use. It only comes up on Slashdot 10 times a day.

      The only reason I made that big post on fair use was because you said:
      "I think you are making most of that up."
      about my quicky list of fair use items earlier.

      Fair use doesn't mean that the copyright owners have to make it easy for you to reproduce your work.

      I assume you intended to say "their work" where you said "your work", but it is a rather amusing error. Some of the DRM crap they want will make it hard for me to reproduce my work, which is plain obscene.
      I can't back it up at the moment, but I read a post on here about someone who bought a camcorder and used it to tape a wedding. He then wanted to make copies to send out to family. What he didn't notice though was that it happened to have new DRM features. It protects copyright. How? You can't make copies of anything it records. He is the copyright holder, and it "protects" him by preventing him from making copies.

      DRM inevitably steps on fair use. They are free to implement DRM, but it has always failed and always will fail. DVD, Audio watermarking, WindowsMediaPlayer, E-Books - all cracked. DigitalAudioTape and DIVIX movies - not cracked because consumers refuse to buy crippled products. DAT was a perfectly good technology that DIED because they managed to push through a DAT-specific DRM law. That is why they are pushing for laws like DMCA/SSSCA/CBDTPA. These laws attempt to make many perfectly legal activites a crime. These laws are unacceptable.

      The content industries are looking at the internet and drooling at the possibility of nearly zero expenses and almost 100% profit. I did the math. If I ran a business selling music from my house on my current cable connection my bandwidth costs would be under one tenth of a cent per song. Sell music at 50 cents per track, give the artist 10-20 cents (more than they get now!) and the rest is pure profit.

      The problem is the content industries have too much invested in the old way of doing things. Instead of adapting they are trying to stop the advance of technologies and take rights away from the entire population.

      The fact that advertising is becoming less of a viable business model

      Businesses do not have a right to profits. It is the responsibility of the company to find a profitable business model. You do not pass laws protecting old businesses from advances in technology/society. That's what has me and other people pissed off - attempts to take away our rights.

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      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    11. Re:It will be years before the votes are in by God!+Awful · · Score: 2

      The only reason I made that big post on fair use was because you said:
      "I think you are making most of that up."
      about my quicky list of fair use items earlier.

      Yeah, but way back when this discussion started, we were talking about Internet music piracy. Read the comments in the context of music piracy.

      I think you are making most of that up. Last I heard, copyright violations weren't legal for scientific/educational purpose -- otherwise textbooks would be free. You also can't steal music just because it has a political message. Most labels will give you a free CD if you are a music critic, but you don't have a right to a free CD.

      There are cases where copyright can be subjugated by fair use, but you'd be hard pressed to find any realistic examples involving pop music. My other point is that fair use may allow you to reproduce a portion of a copyrighted work (typically 10% -- a detail that is often left out of these discussions), but it doesn't say they have to make it that easy. Radio stations don't announce what songs they are playing in advance. Going to the library to research an academic paper is one thing. Taping everything off the radio just in case they play something you want a copy of (something I did when I was a kid) hardly sounds like fair use.

      Businesses do not have a right to profits. It is the responsibility of the company to find a profitable business model. You do not pass laws protecting old businesses from advances in technology/society. That's what has me and other people pissed off - attempts to take away our rights.

      And you don't have the right to tell copyright owners what business model to adopt either, yet that is what happening. This whole "I would buy it for $3 but since they are charging $18 I'm going to steal it" attitude is self-serving, and no one would take it seriously if you were buying a cabbage or a toaster. BTW, in actual fact, governments pass laws to protect businesses all the time. They also subsidize whole industries in order to protect them from unhealthy competition.

      I assume you intended to say "their work" where you said "your work", but it is a rather amusing error. Some of the DRM crap they want will make it hard for me to reproduce my work, which is plain obscene.

      There's no particular reason why DRM-enabled products shouldn't allow you to reproduce your own work. If the data isn't tagged or is tagged with some kind of generic key then it shouldn't prevent you from copying it. I don't know why the camcorder would do that. Are you sure this is not some feature that he enabled by accident?

      -a
    12. Re:It will be years before the votes are in by Alsee · · Score: 2

      There are cases where copyright can be subjugated by fair use, but you'd be hard pressed to find any realistic examples involving pop music.

      Hard pressed? chuckle.

      (1) Back up copy. (2) Moving my music onto my new computer when I upgrade. (3) Moving my music onto my walkman style device. (4) Moving my music onto new media when old media becomes obsolete. (5) Student excerpting for school project. (6) Teacher excerpting for education. (7) Including an excerpt in scientific publication. (8) Anylizing the entirety for scientific purpose. (9) Excerpting for parody. (10) Music for which I own the copyright. (11) Music on which the copyright has expired. (12) Public domain (or other legally useable) content may also mixed into a DRM-locked package.
      I'm sure my list is far from complete.

      Copyright may not infringe upon fair use.

      My position is that any law which ever makes any of these things illegal is bad. These thing have always been legal, and should remain so.

      And you don't have the right to tell copyright owners what business model to adopt

      I'm not. They may use any business model they like, so long as they do not infringe my rights.

      since they are charging $18 I'm going to steal it" attitude is self-serving

      That is self-serving attempting to foist a straw man argument upon me. I never said that.

      There's no particular reason why DRM-enabled products shouldn't allow you to reproduce your own work.

      There are a variety of proposed DRM schemes, but they all tend to have stupid results like this for one simple reason - if the content *ever* gets out of the DRM wrapper the protection fails completely. That one "escape" can then get on a P2P and multiply infinitely. Therefore they cannot allow a single hole for the data to escape. Fair use is nothing but one big hole, therefore cannot be allowed. Some of the DRM plans propose that any unmarked media be unusable on all new devices. Home movies of you're child's first step would be unviewable. This is absurd, but is a serious proposal because there is no other way to block the spread of "escaped" content.

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      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    13. Re:It will be years before the votes are in by God!+Awful · · Score: 2

      (1) Back up copy. (2) Moving my music onto my new computer when I upgrade. (3) Moving my music onto my walkman style device. (4) Moving my music onto new media when old media becomes obsolete. (5) Student excerpting for school project. (6) Teacher excerpting for education. (7) Including an excerpt in scientific publication. (8) Anylizing the entirety for scientific purpose. (9) Excerpting for parody. (10) Music for which I own the copyright. (11) Music on which the copyright has expired. (12) Public domain (or other legally useable) content may also mixed into a DRM-locked package.
      I'm sure my list is far from complete.

      Fine. I don't dispute that a backup copy is fair use, but I notice that you are mostly steering clear of the list you mentioned earlier.

      Streaming to a file is perfectly legal... If the content isn't copyrighted. If I am the copyright holder. Time-shifting. Space-shifting. Educational purposes. Scientific pourposes. If I am criticizing the content. If I an satirizing the content. For signifigant political/social/legal discussion. Etc etc etc.

      Pop music is not often used in education and scientific research. We had an English class in high school where the teacher wanted us to write poetry that was inspired by pop songs, but he didn't need to tape the songs off the radio; he just asked people to bring in CDs that they already owned. No one is going to include an excerpt of a song in a scientific publication.

      If you own the copyright then why are you recording it off the Internet? Don't you already have the original? When you excerpt for parody, do you really need a 100% accurate copy, or could you just make a tape?

      I already stated that I think a DRM scheme should allow backup (or space-shifted) copies, provided that they are made directly from the original.

      There's no particular reason why DRM-enabled products shouldn't allow you to reproduce your own work.

      There are a variety of proposed DRM schemes, but they all tend to have stupid results like this for one simple reason - if the content *ever* gets out of the DRM wrapper the protection fails completely.


      Well, I wouldn't agree with those DRM schemes. If the protection fails if the content *ever* gets out, then the intent of the protection is unrealistic. The point of DRM is to be a sociological tool that raises the bar to piracy. How far out of your way will you go to circumvent copyright? You could build your own copyright circumvention hardware, but you won't find it at the local store.

      -a
    14. Re:It will be years before the votes are in by Alsee · · Score: 2

      I notice that you are mostly steering clear of the list you mentioned earlier.

      I think that perception is just because of a lack of detail. I didn't go into detail becuase I wanted many examples to show it's a big problem. Instead of a shotgun approach I will be more focused to show that the problem exists, rather than the extent of the problem.

      Pop music is not often used in education and scientific research.

      "Not often" pretty much admits it exists. Example - If you do research on audio compression you need to test on common files (i.e. pop music).

      I already stated that I think a DRM scheme should allow backup (or space-shifted) copies, provided that they are made directly from the original.

      Some DRM schemes attempt to dodge "fair use" objections by pointing to allowances for specific cases of fair use. Bogus defense. They allow specific uses, not fair use. The backup copy is a perfect example... I buy music and make a backup. Maybe there's a reason my disks get damaged often. For whatever reason my original gets destroyed. Don't I now have a right to make a backup in case it happens again? Oops, sorry. That fair use isn't on our list of approved uses.

      If you own the copyright then why are you recording it off the Internet?
      "Why" is irrelevant. That someone could *ever* be guilty for doing so is absurd.
      Sigh, fine, I'll make up three examples:
      (1) Virus wipes file from copyright holder's hard drive. Most convient method of recovery, grab file from internet stream.
      (2) Copyright holder is at friends house. Has right to do anything they like with the stream.
      And my favorite (3) Copyright holder hears voices in their head, has the right to do anything they like with the stream.

      Well, I wouldn't agree with those DRM schemes. If the protection fails if the content *ever* gets out, then the intent of the protection is unrealistic.

      Then you don't agree with any of the DRM schemes, chuckle. If a single copy "gets out" it can make a million copies on the net. The only DRM scheme that avoids this problem is the worst one - the proposal that would outlaw anything that can view unencrypted content. You get the "camcorder-wedding" problem - you can't make copies of privately created media and you can no longer view any of your old "unprotected" stuff.

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      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    15. Re:It will be years before the votes are in by God!+Awful · · Score: 2

      "Not often" pretty much admits it exists. Example - If you do research on audio compression you need to test on common files (i.e. pop music).

      "Not often" was actually more of an attempt at sacrasm. What I really meant was "effectively never". Perhaps you only think in absolutes, but I prefer to be realistic. I don't think our laws should cater to edge cases and idealists. If you're doing research into audio compression and you work for a major university, I'll bet you could persuade the major labels to help you out. If you're doing the research in your garage then you're probably SOL.

      Some DRM schemes attempt to dodge "fair use" objections by pointing to allowances for specific cases of fair use. Bogus defense.

      I disagree. If you want to be pragmatic (which I do), the specific cases matter a great deal. The fair use laws were developed years ago in response to specific circumstances at the time. The law needs to adapt as the circumstances change. Therefore, the specific situation that exists today is very relevant.

      I buy music and make a backup. Maybe there's a reason my disks get damaged often. For whatever reason my original gets destroyed.

      I dunno. Maybe you should take out insurance or something. I don't know why you make such a big deal out of a "right" that a) you happily lived without 10 years ago (before CD burners were common), and b) you don't get with most other consumer products (e.g. a car).

      If you own the copyright then why are you recording it off the Internet?

      "Why" is irrelevant. That someone could *ever* be guilty for doing so is absurd.

      As far as I know, you wouldn't be guilty of copyright violation in this case. You would be guilty of reverse engineering the DRM, which makes me wonder why you enabled DRM for that file.

      Well, I wouldn't agree with those DRM schemes. If the protection fails if the content *ever* gets out, then the intent of the protection is unrealistic.

      Then you don't agree with any of the DRM schemes, chuckle. If a single copy "gets out" it can make a million copies on the net.

      That's not the point. I doubt that anyone really believes that the copy protection is infallible. However, the fact that the medium is copy protected means that you can't claim plausible deniability when you do get caught with pirated music. When you go to the airport, you may wonder why they ask you if you packed the bags yourself. Obviously they don't really think if you're a terrorist that you're going to fess up right there. But if they do find something in your bags, you have already sworn that you packed them yourself.

      -a

    16. Re:It will be years before the votes are in by Alsee · · Score: 2

      What I really meant was "effectively never".

      Many things fall under fair use. Most specific examples are rare. Everybody uses fair use many times during their life, some people do it daily as part of their work or hobby. Multiply by hundreds of millions of people and "effectively never" is really every day.

      I prefer to be realistic. I don't think our laws should cater to edge cases and idealists.

      Sklyarov was arrested for making a bookreader for the BLIND. Oops, sorry, blind people are an edge case.

      Laws are narrowly drawn to put people in jail for commiting bad acts. You do not put people in jail for doing things that are, by definition, fair.

      If you're doing research into audio compression and you work for a major university, I'll bet you could persuade the major labels to help you out.

      Please tell me you're joking. Try asking professor Felton. Recording industry lawyers where real helpful(sarcasm) with his legitimate research (audio, but not compression). Fair use means you have the right - you don't need permission, completely vital when it comes to criticism and satire.

      >>attempt to dodge "fair use" objections by allowances
      >>for specific cases of fair use. Bogus defense.
      I disagree. If you want to be pragmatic (which I do), the specific cases matter a great deal. The fair use laws were developed years ago in response to specific circumstances at the time. The law needs to adapt as the circumstances change. Therefore, the specific situation that exists today is very relevant.


      I think you missed my point. I was saying that DRM allowing a single backup is a bogus defence because it still blocks every other kind of fair use. Actually you supported my position even more. Fair use is very dependent upon specific circumstances. Even if a DRM scheme was magicaly designed to allow all known kinds of fair use, it would still block new kinds fair use. Courts regularly recognize new things as falling under fair use.

      I don't know why you make such a big deal out of a "right" that
      a) you happily lived without 10 years ago(before CD burners were common).


      10 years ago all my music/movies were on cassette/vcr, and I certainly did have the right to make a backup again if the original was destroyed. I don't know why you feel you can take away my rights now.

      b) you don't get with most other consumer products (e.g. a car).

      Cars are not protected by copyright. Try a book. I can do anything I like with a book except distribute reproductions. I can change letters, rip out pages, chop it up in pieces and glue them back together in a diferent order. What makes you think that should be crime? Any DRM file (music, movie, anything) can be printed as letters on paper. It will look like gobbly gook, but it's the same information. I could change / rearrange the letters to make it play in reverse. I do it to characters on paper it's ok, I do the exact same thing to letters on my computer I go to jail??

      I am not fighting for new rights. I'm fighting to keep the rights I have. Just because you don't care about or use some of your rights doesn't mean you can take mine away. And as a programmer, the DMCA affects my rights. I promise you, if they win, it will eventually affect yours. Ever buy or sell anything at a garage sale? Oops, they're also killing "right of first sale" which says you have a right to sell your old books and stuff. If you have DRM books/music/movies you lost the right to have a garage sale.

      As far as I know, you wouldn't be guilty of copyright violation in this case.
      Exactly my point - I'm not doing anything wrong.
      You would be guilty of reverse engineering the DRM
      I'm not commiting a bad act, so why are you putting me in jail?
      makes me wonder why you enabled DRM for that file.
      People do all sorts of unexpected things for perfectly good reasons. You couldn't imagine why a copyright holder would ever want to make a copy of an internet audio stream. I gave three perfectly good examples. You do not put people into jail for doing things outside your tunnel vision.

      I doubt that anyone really believes that the copy protection is infallible.

      Executives at the recording and movies industries have repeatedly demanded exactly that. There was a senate hearing on Feb 28...

      Eisner: "If it's a fact you cannot protect intellectual property on the Internet, I do not accept that".

      The president of Intel tried to explain it was impossible.

      "Mr. Eisner suggested that computer manufacturers did not want to find a technical solution because they profit from piracy."

      Hollywood studios have been promoting a project that would embed a "flag," or watermark in every piece of digital video content. Computers, digital video recorders and other devices would then be designed to play the material only if they detected the presence of the markers.

      It's a New York Times quote. I am not being alarmist or extreme - the DRM lobby really truely does want something insane...

      Read it carefully - if it's not tagged by hollywood, you can't view it. All of your existing files become unusable. You can videotape a wedding, but you're SOL as far as making copies.

      When someone wants something insane, saying "NO" is not idealism, and being pragmatic and realistic does not mean you try to compromise on something only half as bad.

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      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    17. Re:It will be years before the votes are in by God!+Awful · · Score: 2

      Sklyarov was arrested for making a bookreader for the BLIND. Oops, sorry, blind people are an edge case.

      I think you're stretching. ElcomSoft makes software that allows you to break the eBook encryption. Allowing blind people to listen to the books is one of many possible uses, although it has been much upplayed by those sympathetic to the cause. Of course, I should point out the eBook format already allows the books to be read out loud. For whatever reason, this feature can be disabled by the copyright owners. Perhaps the National Institute for the Blind should be challenging the legality of that restriction in court (or they should demand that blind people can buy special eBook readers with that restriction removed)

      Please tell me you're joking. Try asking professor Felton

      That's not copyright; that's research into DRM. In effect, he wanted to publish what the RIAA considered a trade secret. I don't know why you brought up this red herring.

      Fair use means you have the right - you don't need permission, completely vital when it comes to criticism and satire.

      The courts already ruled that those doing criticism and satire do not need to be able to make a perfect digital reproduction of the work. They can simply make an analog recording.

      Even if a DRM scheme was magicaly designed to allow all known kinds of fair use, it would still block new kinds fair use. Courts regularly recognize new things as falling under fair use.

      Doesn't bother me. The technology can evolve when the new laws get made. Technology doesn't need to be retroactively compliant with new laws.

      10 years ago all my music/movies were on cassette/vcr, and I certainly did have the right to make a backup again if the original was destroyed. I don't know why you feel you can take away my rights now.

      Right... you could make imperfect analog copies, which you can still do now.

      Cars are not protected by copyright. Try a book

      That was my point. Fair use law was a reaction to a specific set of circumstances. It exists with some products (books, music), but not others (cars). You treat it as something so sacrosanct that I think you could found a religion.

      Any DRM file (music, movie, anything) can be printed as letters on paper. It will look like gobbly gook, but it's the same information.

      I'll bet if you did that you wouldn't be charged. You could even mix the bits up randomly and play it on your stereo to torture cats as long as you don't reverse engineer the file.

      And as a programmer, the DMCA affects my rights.

      I don't believe in rights. There are no rules, there are only regulations. I'm a programmer too. I can invent rights too. For example, I believe that I have the right to take GPL'ed code and include it in my closed-source software. So there.

      People do all sorts of unexpected things for perfectly good reasons. You couldn't imagine why a copyright holder would ever want to make a copy of an internet audio stream. I gave three perfectly good examples

      The three examples you gave seemed rather uncommon to me (but that doesn't affect your definition of "perfectly good"). It seems to me that you had several options. You could have chosen to disable copy-protection on the files in the first place. Or, as the copyright owner, you could have used your magic administrator password to bypass the copy protection.

      I doubt that anyone really believes that the copy protection is infallible.


      Eisner: "If it's a fact you cannot protect intellectual property on the Internet, I do not accept that".

      I read the article and you seem to be taking this out of context. The article is a bit vague, and you have made some unjustified assumptions. Eisner essentially said he believes that it is[pragmatically] possible to protect the information. Vadasz was basically saying that a perfect solution is impossible.

      Hollywood studios have been promoting a project that would embed a "flag," or watermark in every piece of digital video content. Computers, digital video recorders and other devices would then be designed to play the material only if they detected the presence of the markers.

      If the entertainment industry's solution really does prevent you from playing a videotape of your friend's wedding that you shot yourself then I am opposed to that specific solution, although I approve of the general concept. Your source for this information: a brief two paragraph segment of a newspaper article, which has no doubt been dumbed down for the less than techno-savvy public.

      -a
    18. Re:It will be years before the votes are in by Alsee · · Score: 2

      I don't believe in rights. There are no rules, there are only regulations.

      If you really believe that, it could explain a lot. I've always been puzzled how anyone could understand the implications of DRM laws and not oppose them. I've been noticing a pattern. In all my examples, you don't seem to give a damn who gets screwed. I guess you'd support a regulation that allows toxic dumping at the local school and cuts your taxes by $300? If they don't like toxic waste they can fight for their own regulations.

      I have the opposite viewpoint. I'm willing to stand up for the free speach rights of idiots like the Ku Klux Klan. I guess that labels me an idealist? By defending their rights to free speach I'm defending my own. And yours as well.

      Fortunately the legal sytem is on my side. If any regulation violates a right, they throw out the regulation as unconstitutional.

      >>Try asking professor Felton
      I don't know why you brought up this red herring.


      It's no red herring. You missed my point.
      It was a direct response to:
      If you're doing research...I'll bet you could persuade the major labels to help you out.

      My point was that people doing scientific research cannot rely on getting permission from corporations. Chilling effects on research, education, and free speach are a big no-no. It is very strong grounds for declaring a law unconstituional. The RIAA backed off in time to avoid just such a constitutional test.

      The right to fair use means you do not have to ask permission. Fair use is protected for good reason - it is in the public interest.

      Fair use legally restricts copyright protections. Copyright does not restrict fair use.

      The problem isn't copyright. The problem isn't DRM (which is inherently flawed). The problem is laws that attempt to "fix" DRM by granting DRM ultimate authority. Authority above that of copyright law, fair use, and potentially even the constitution. Anyone can put a DRM wrapper on anything. They can set any restrictions they like. They are not limited to normal copyright protections. You can not do *anything* without their permission.

      This is a tremendous shift in power away from the public, the courts, the congress, and into the hands of a few companies. It is a totally one-sided "deal". These are the people who tried to outlaw VCR's, remember?

      I read the article and you seem to be taking this out of context.
      Your source for this information:... a newspaper ... dumbed down.


      I read about it in detail when it was Current. In my post I grabbed the first convient links I found. I stand by the New York Times article as accurate - what they want is insane. I gave the ultimate source of the information - the Feb 28th senate hearings on the topic. If you google there are tons of articles about it, but I can't seem to find a full transcript at the moment.

      When the president of Intel warned that the proposal would have a massive negative financial impact on the electonics industry...

      "Disney Chairman and CEO Michael Eisner accused technology firms like Intel of profiting from digital piracy, and said they were not interested in working out a way to stop the problem."

      That is quoted in a million articles, but the actual exchange was pretty heated. Even senator Hollings got nasty at Intel's president.

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      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    19. Re:It will be years before the votes are in by God!+Awful · · Score: 2


      In all my examples, you don't seem to give a damn who gets screwed. I guess you'd support a regulation that allows toxic dumping at the local school and cuts your taxes by $300?

      Not true. Obviously you've placed me for a hardcore right-winger. I'm a Canadian, but I'd be considered liberal by American standards. We had an election recently in which one of the candidates ran on a platform of cutting taxes. Many of my friends voted for him, but I didn't because he was a known homophobe who doesn't believe in the separation of church and state.

      I have the opposite viewpoint. I'm willing to stand up for the free speach rights of idiots like the Ku Klux Klan.

      Hey, I believe in free speech. I believe that the KKK should have free speech. But I also consider the reasons for having speech, not just the fact that exists. People try to claim all sorts of protections on the basis of free speech. I don't necessarily think that code is "speech" for example. When I said that I don't believe in rights, what I mean is that there is nothing inherently "right" about rights. Rights are simply privileges that are granted by society.

      I guess that labels me an idealist?

      Idealism is silly. Do you believe that it's better for a thousand guilty men to go free than for one innocent man to go to jail? I certainly don't. If the ratio was 2 or 3 to 1 then sure. But 1000? That's just idealistic.

      >>Try asking professor Felton
      It's no red herring. You missed my point.

      Felton was doing research into breaking their copy protection, just like Sklyarov. Of course the big 5 aren't going to cooperate. If they have to sue for access, it doesn't bother me, and I don't really think that they should get it. If a researcher was merely looking into audio compression I think they would be more cooperative.

      Fair use is protected for good reason - it is in the public interest.

      Fair use is that which was designated by the courts to be in the public interest with yesterday's technology. As the technology changes, so will the law. Bill Maher once made a great comment to some NRA weenie who was arguing that gun control was wrong because it violated his consitutional rights. Yes, it's in the second amendment. But it's an amendment! You know what that means? Constitutions can change.

      Anyone can put a DRM wrapper on anything. They can set any restrictions they like. They are not limited to normal copyright protections

      I'm pretty sure that putting a DRM wrapper on something to which you do not own the copyright would be illegal. You can call the effects of DRM "chilling", but I am unmoved. That's just my opinion. I hear people call lots of things chilling. Ethicists call stem cell research "chilling" and I somehow am unmoved by that too.

      These are the people who tried to outlaw VCR's, remember?

      Because before the home recording act classified time-shifting as fair use, VCRs had no legitimate use. A Video Cassette Player would allow people to rent movies and watch them at home. A Video Cassette Recorder simply lets people tape copyrighted works off tv.

      It is a totally one-sided "deal".

      Allow me to let you in on a little secret: democratic != fair and one-sided != unfair.

      Let's say there are 3 partners in a business. Two of them are lazy freeloaders; the other one does all the work and therefore demands all the rewards. It may be a one-sided deal, but it's not unfair. Let's say the other two stage a vote to split all the money between them. This passes by a vote of 2-1. It may be democratic, but it's not fair.

      *You* demand fair use "rights" and yet *you* give nothing in return. The fact that something is good for society is not always good enough if the rights of the owner are violated.

      "Disney Chairman and CEO Michael Eisner accused technology firms like Intel of profiting from digital piracy, and said they were not interested in working out a way to stop the problem."

      That's not the quote I disputed. I think you interpreted the other one wrong. I'm sure that Intel does profit from digital piracy. I'm sure that Intel knows that they are profiting from piracy. However, I think the extent to which they profit from piracy is unknown. I suspect that most people didn't buy a computer just to use Napster. Some probably bought a faster computer or bought some extra accessories though.

      -a

    20. Re:It will be years before the votes are in by Alsee · · Score: 2

      Obviously you've placed me for a hardcore right-winger.

      I hope I didn't go overboard on my last post. I was exhausted when I wrote it. The comment about not believing in rights and the the way you were dismissive of everyone who would be affected kinda irked me. You only seemed to care when the impact was blatant and affected you directly.

      Idealism is silly. Do you believe that it's better for a thousand guilty men to go free than for one innocent man to go to jail?

      I think sometimes idealism can serve an important function. When someone commits a crime you turn to the government, but where do you turn when the government commits a crime??

      The government has far greater potential to cause harm than any criminal. Harm caused by criminals is random, diffuse, and ephemeral whereas harm caused by governments is organized, focused, persistant, and subject to manipulation/abuse. Government also has an inevitable urge to expand. Even "a thousand to one" grants the US federal+state government authority to imprison 1,600 innocent people. You have to be very careful with that kind of power. I think a dose of idealism is good thing when it comes to limitations on the government.

      It is inevitable that some innocents will be convicted, but they can never be casually written off as acceptable losses.

      Felton was doing research into breaking their copy protection, just like Sklyarov.

      You may not like Sklyarov, but Felton is as good as a saint. The RIAA announced the "Hack SDMI challenge" and offered $10,000 to be split between anyone successful. To get the prize money you had to give RIAA full details and sign a non-disclosure agreement. They assumed hackers are evil and greedy. Felton said keep your money, I have a conference to attend. The RIAA was stunned and tried to club him into silence with the DMCA. This has been the "primary use" of the DMCA in practice.

      You misunderstood "chilling effects". Chilling as in cooling, reduced activity. Legal threats (such as cease&desist letters) can cause a chilling effect on legitimate activity either out of fear or lack of resourses to fight it in court.

      Let's say *you* get a legal threat from the recording industry. You know you haven't broken the law, they are bullying you. Remember, they have hundreds of lawyers and if you lose you could get hit with $5,000,000 fine and 5 years in jail. Do *you* spend the time and money to fight them in court? Or do you voluntarily sacrifice free speech and bury science? That is a chilling effect in both the legal sense and the horrifying sense.

      I said Chilling effects on research, education, and free speech are a big no-no. It is very strong grounds for declaring a law unconstitutional. The DMCA has generated 100's of legal threats such as the one to professor Felton. Foreign scientists fear coming to the states. Some conferences have been canceled or moved overseas. Even reporters are afraid to provide links in stories. DMCA is causing problems for schools and libraries. Web sites are being taken down - even google got hit and has to censor search results (ignore the one search result, note the DMCA alert). The Google example is caused by a part of the DMCA unrelated to DRM, but it is still on topic because it is another example of using copyright law to attack people who are not violating copyright. That threat was filed by Scientologists for the sole purpose of silencing criticism of scientolgy.

      The DCMA is a 4 year old law. Sklyarov is the first person indicted, and the charges were dropped. The DMCA isn't being used against copyright infringement. Its being used against everyone except criminals. And now they say the DMCA isn't enough. They need a bigger badder law.

      I'm pretty sure that putting a DRM wrapper on something to which you do not own the copyright would be illegal.

      Ooooo! I didn't think of that! I was just thinking every webpage could have DRM. Your idea is even better! What law could it possibly violate? I can already hear your "Why would anyone ever..?". Ok... The content industry keeps threatening ISP's with "contributory infringement" attacks. To protect itself, your ISP starts adding a DRM wrapper to your inbound and/or outbound traffic. Ohboy! Every time I think it can't get any worse, I find it can.

      before the home recording act classified time-shifting as fair use, VCRs had no legitimate use.
      Assuming that statment is true in Canada, that could help explain our differing viewpoints. According to US legal theory, time-shifting was fair use even before anyone thought to ask the question.

      By the way, would that happen to be the same law that killed perfectly good DAT technology by mandating DRM? To this day I have never seen a single DAT player.

      I think you interpreted the [quote] wrong.
      I gave a link for it. I'll paste a larger section to give it context:

      Vadasz wrote that "content, once captured in 'unprotected' form, can never be put back in the 'bottle' and protected against copying on the Internet." While Vadasz said the technology was unavailable, Eisner said it took a chip that cost only 80 cents. "If it's a fact you cannot protect intellectual property on the Internet, I do not accept that," he said.

      A technology expert tells Eisner that what he wants isn't possible, and his response is pure denial and to call him just another thief? If a single copy escapes the DRM bottle you can't get it back. It's out, end of story. Eisner's gone beyond greedy and unreasonable. That's irrational and paranoid.

      I find it a bit implausible that contributory-infringment profits on faster CPU's motivated the president of Intel to fly to washington to lie to the senate.

      *You* demand fair use "rights" and yet *you* give nothing in return

      This cuts right to the heart of the issue, but I need an entire post for it :)

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  36. Wait..it *HELPS* the music industry? by chazzf · · Score: 2

    Help, I'm a Slashbot and I'm confused. Does this mean that to hurt the Recording Industry I have to buy more music?

    ~Chazzf (today masquerading as SlashBot#1138)

    --
    No statement is true, not even this one.
  37. Why Buy CDs? by Joz · · Score: 2, Interesting

    // Begin beating dead horse
    I find zero incentive to purchase CDs for a few reasons (most obvious first):

    1.) Why spend money on something you can get for free? "Because I want to support my favorite artist/band" Well you sure as hell aren't doing it by purchasing their CD. We all know by now that the artist makes around a dollar or less from each CD purchase.

    2.) Wahh, I want the album art -- almost always available in high quality on various CD cover & insert scan sites, and nice quality printers are cheap these days too.

    3.) CD audio is a dying technology. Not to get all the audiophiles on my case here (most of which would probably argue that CD quality sucks to start with), but a lot of people don't even care for CDs anymore. A lot of people just turn their CDs into MP3s as soon as they get them. A lot of people prefer to simply download the album in a format that they can put on their portable players easily, in their own mix preference, without leaving their seat instead of making a special trip to a store to buy a special round disc that takes up space, or order one and wait for it to arrive, then get frustrated trying to get the plastic off of it. To hell with CDs.

    4.) You're telling me that I'm supposed to go pay money for this album on a CD that comes out finally today in the real world, when I downloaded it 2-3 months ago and am tired/bored of it by now!? Yeah right.

    Wasn't this whole thing supposed to be to overthrow the greedy record industry!? The digital music revolution, remember? Not "Yes RIAA, we'll buy more tangible shiny discs if you just let us keep sharing our copies of them. Now leave us alone and continue abusing your artists." I don't think it's about being cheap, I think it's about convenience, and about NOT giving more money to fat guys that sit at atop skyscrapers in suits smoking cigars that don't know the first thing about music.

    I still say you're better off downloading the album and if you really like it, give the artist/band $5 at fairtunes.com

  38. Re:True!!! by hey! · · Score: 5, Informative

    For me it is simpler; when I was using Napster, or on those odd times I'm using Gnutella these days and its working well, I find simply want to go out and buy more CDs.

    I've never analyzed why I behave this way, but I think it's related to the same impulse that makes me google the artist and the song title to find out who else recorded it. Music is just getting a bigger share of my attention span.

    When I get interested in an artist or a genre of music, the cost of a reasonably priced CD is simply no barrier to my wanting to acquire the complete original recording in its full quality. "Reasonably" is a fuzzy line,for me ten bucks is on one side and twenty being on the other. I wouldn't pause enough to blink when shelling out a ten dollars for a CD but if it's over twenty I will think longer and harder about it than the decision deserves.

    Personally, I find it hard to believe that the record companies couldn't sell CDs with free filesharing, but the way they sell them would very likely change. There's lots of people who spend over five hundred bucks a year at Starbucks, because the individual cups of coffee are priced below the level where they think about it. Right now, CDs are priced at the "have to think about it" level. This isn't to say they are too pricey, just that the average person isn't going to spend five hundred dollars a year on music. It's not practical to drop the price of CDs to the "don't think about it" level, because the CDs are priced for optimal revenue now. However, if they value of the music on the CDs could be increased, the price drops wouldn't have to be very much to reach the sweet spot where individual CD purchases fly under the consumer's cost consciousness.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  39. Re:it's true by kellin · · Score: 2, Insightful

    If you think the people who are on mp3.com dont want to make money with their music then you are one seriously deluded individual. *EVERY* musician out there that creates music WANTS to make money off what they create. Some just want to be able to make enough to survive and live a comfortable life -- others want to make millions -- it just depends. Yes, writing music *IS* fun (or can be), but to think that people make music just for the "joy" of it is ridiculous.

    --
    GWB to President of Brazil - "You have blacks, too?"
  40. If this is really happening, its only temporary by foonf · · Score: 3, Insightful

    There are a lot of reasons for people not to get all their music via download right now. Most people still only have dial-up access, and if you want to pirate more than a few tracks per day, you'll basically have to leave it on all the time. None of the lossy encoding out there has reached real CD quality (well I've heard that if you run the ogg encoder at the very highest quality setting, it turns all of the compression entirely off, but that doesn't count), and this is compounded by the fact that most of the files on P2P services are very poorly encoded, and this is the channel by which most people obtain their pirated music (some of them even have upper bitrate limits, so even if you have high-quality rips they won't be shared).

    That being said, being on a college campus where very fast broadband access is universally available, I know of many people who listen to lots of music, and don't own a single legal, commercial CD. This of course is the future...broadband will become more prevalent, compression algorithms will improve, and little by little people WILL pirate what they can. Personally I do buy some CDs, but my reason is the exact opposite than what all these piracy advocates put forward...I buy not what I can find on the Internet, but what I CANNOT. This has to do mainly with my distinctly minority musical taste, most people really can find most of what they want to listen to through various channels.

    I think that if piracy of copyrighted music continues it most certainly WILL lead to the downfall of the commercial music recording industry as we know it. This is quantitatively different than VCRs...nobody uses Gnutella or whatever to copy what they already have (if you own the CD or DVD, and you want a copy on your computer, you'll rip it yourself with your own preferred quality settings, after all). I personally support this, and would love it if commercial pop music were to disappear from the face of the earth, but judging by what most people prefer to pirate on the Internet, I would say many of you probably feel differently.

    --

    "(Man) tries to live his own life as if he were telling a story. But you have to choose: live or tell." --Sartre
    1. Re:If this is really happening, its only temporary by bay43270 · · Score: 2

      I was just like you. Downloaded piles of mp3s off the internet when I was in school. Of course, this was pre-napster, we had to use FTP and IRC. I had a fast connection and I used it. Before P2P, you needed to have music as trading material. I downloaded music I didn't even like. I was 20, and I had a lot of time on my hands. I didn't buy CDs... I was in college. If I had $15, I would have bought beer.

      Since then, I got a job, a house and picked up a few hobbies. I have a high speed connection, but I only download a song every once and a while. I buy CDs on a weekly basis. Once I get them home, I pop them right into my computer and rip them to my hard drive. I listen to them on my laptop at work, or my audiotron at home. I don't have time to download them from the internet, and quite frankly I don't care for the hassle. I'd rather just pay for the disc and know my rip was good quality.

      There are a lot of us out here who don't mind buying music. We would rather just buy the songs we like, and we would rather pay a more fair price, but we don't mind paying. I agree that the music industry will be changed forever, but I don't think it will collapse.

  41. Never let the truth get in the way of a good story by wfrp01 · · Score: 2

    The strategy appears to have paid off.

    Umm, sure. A headline mention on /. couldn't have anything to do with that now, could it?

    Obviously the RIAA is out of touch with the reality on the ground. But there's no need to mollify them by essentially saying "Look guys, if you get with the program, you can rake in the bucks just like you always have!" That's a lie. The economics have changed, and continue to change; and not in the RIAA's favor. Don't worry yourself about Hillary Rosen and Jack Valenti. She may have his panties in a bunch, but these lovebirds are doing just fine. Much better than you.

    --

    --Lawrence Lessig for Congress!
  42. Re:it's true by letxa2000 · · Score: 5, Interesting
    I've bought a lot of music that I discovered via "free" internet sources...

    I haven't bought a CD in 2 years. I download all my music from someone that has chosen to share it. I hear it or remember it, hop online, and within 5 or 10 minutes I have it. Don't have to get in the car, don't have to deal with traffic, don't have to wait in line, don't have to pay $20 for one song. I just keep on programming while I download it in the background and it is instantly added to my partition dedicated exclusively to holding my sound library. Cheap and convenient.

    I'm done being gouged by the RIAA. They had their chance to charge a reasonable price but chose to gouge instead. Now I wouldn't care if they charged $5 for a CD--I'll just grab it online for the reasons mentioned above and on general principle.

    They'll have to conform with the 500 CDs I bought in the 90's earning them about $7500 because I won't be adding to that collection any longer--in fact, I only USE that collection to rip the songs I occasionally feel like hearing so that I never have to get up and look for the CD again.

    Screw 'em.

    Musicians, on the other hand, can earn money from me by touring. I will gladly pay $20 to see them live if they come through town.

  43. Re:thank goodness. by Anonymous Coward · · Score: 2, Interesting

    yes, and you have a valid point, as well.

    that said, i want one or two songs from many many many bands. some/many of these songs i already own but am too damned lazy to get up and slap the CD(s) into my comp and rip the song(s) from it/them... i have broadband and can just set up a queue of songs and let them download in the background whilst i am otherwise occupied doing stuff on said comp. i do tend to select high bitrate versions, but as long as the songs are not glitched in some way i am not too concerned with quality ok, so i have ripped quite a few songs from CDs that i own, i am not totally lazy, and i know that i get higher quality this way, etc... whatever.

    but there are more than a few songs that i have downloaded that i do not own, and would never buy unless given the opportunity to buy them as singles. that ain't happening, as you should now by now, the biz has put the kabosh on singles for some time now...

    IF the biz would get their shizznitt together and give me a way to download singles, AT A REASONABLE PRICE, i'd buy 'em. 'reasonable price' means CHEAP, a 'reasonable price' must be arrived at considering that an .mp3 does not cost nearly as much to produce as a more tangible product (i.e.; CD): no packaging, no shipping to a retail outlet, etc., figure that if a CD with about 15 songs costs $17, $.50 or $.75 ought to be the price of a downloadable single in .mp3 format.

    works for me.

    and in the end, it's the job of the biz to cater to the consumer (me), while making a buck (or $.50, as the case may be) for the effort. if the biz won't cater to my wants/needs, i will see to it that i cater to my wants/needs.

    ok, call me a thief, flame me... fuck it, i could care less...

  44. What the RIAA is really afraid of... by Anonymous Coward · · Score: 5, Insightful
    ...is that people might start discovering and buying the wrong music. Instead of buying what they're told they like.

    Its all about control.

  45. More questions I'd like to see answered by jesser · · Score: 2
    Maybe we can figure out exactly why the RIAA doesn't like file swapping. Note: I use "downloaded music" to mean music downloaded through a file-swapping system such as AudioGalaxy, not music downloaded from mp3.com.
    • What percent of music downloaded was from non-RIAA labels? Do music downloaders purchase more from non-RIAA labels than non-downloaders?
    • What percent of music downloaded did the downloader later purchase? How did purchases from non-RIAA labels compare to purchases from RIAA labels?
    • What percent of music downloaded was deleted?
    • What percent of music downloaded was played more than twice?
    • What percent of music downloaded did the downloader already own in a different format (e.g., on a CD)?
    • What percent of music downloaded was from artists who said it was ok to download their music through file-swapping systems?
    • What percent of artists downloaded did the downloader later purchase CDs from, regardless of whether the same song is on the CD?
    • What percent of music downloaded had the downloader heard on the radio? Heard in a movie? Read about on the web? Heard about from a RL friend?
    • Do music downloaders purchase more music as gifts than non-downloaders? Do they purchase less for themselves?
    --
    The shareholder is always right.
  46. Better figure it out, RIAA. by rnturn · · Score: 2
    ``You would have to be one cheap individual to want to download all the music in your life for free and this study proves that. Because most people are obviously using file sharing to find new music to purchase. A concept the RIAA can not comprehend.''

    Right. They're too darned busy paying off the radio stations to play the latest ``hit'' from some boy band or Britney wannabee. Gotta sell those records to recoup all that expensive hype.

    Since the radio stations aren't actually playing any music from the other 99 percent of the artists that they distribute, just how the hell do the record companies expect those artists to be heard? Or do they expect those un-hyped bands to gain their sales as a result of impulse purchases?

    If I hadn't found a sample of a band's music (or the occasional full track) in MP3 format, there are bands whose music I wouldn't have purchased. Take note, Hilary, lest you wind up killing off the Golden Goose.

    --
    CUR ALLOC 20195.....5804M
  47. Re:Oh well... by mgv · · Score: 2

    Actually, that analogy doesn't really seem very good at all, since ENCARTA IS NOT MADE BY COPYING BRITANICA'S ARTICLES, which is what in effect Napster and other music sharing programs do.

    You are correct about the copying issues. However, I was referring more to the advancement in technology allowing distribution of information by a different medium. I'm just saying that you can't turn back the tide anyway.

    Filesharing over the internet is a superior distribution network to buying CD's at a store. Encarta was about killing book encyclopedias and replacing them with a CD. MP3's are about killing CD as a means of distributing music.

    Even if the major labels were to lock down CD's to be uncopyable (unlikely!) this medium would allow less well known groups to produce and distribute their own music. This is already happening. And this is my analogy to Encarta. Its not about copying music, its about sending music over the internet (legally or otherwise). Its unstoppable. Those who ignore it will suddenly find that they are no longer major players in music production, and that people don't even want to buy music on CD's.

    The sort of company that will do well with internet music distribution will have to:

    1. Basically destroy the entire music distribution structure. Stores, Freight, Middlemen. The lot. They won't like it one bit. They will still find work, of course. All those encyclopedia salesmen now seem to sell mobile phones.

    2. Continue to sell music, but using the internet. (Whether its a secure format doesn't matter - Is encarta copy protected?)

    3. Continue to advertise to generate demand (Some things never change!)

    4. Make money out of related areas. For example:
    -Sell memory stick players for you car (Why burn a CD? Memory sticks are getting big enough to hold whole albums.)
    -Sell Labels, covers and printing software for those that want to produce their own CD.
    -Tie in with related areas like live performances which people want to go to.

    Perhaps I'm missing something here, but I see the analogy very stronly here. Its about a change in distribution technologies, not about copying.

    Michael

    --
    There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
  48. The article says downloading has no net effect! by KNicolson · · Score: 2
    I've read through the comments here, and it seems most people have missed key sentences:

    Among those who own recordable CD drives and subscribe to high-speed Internet access--but don't swap files- -the report found that about the same number of people reported increasing and decreasing spending on music.

    Suprising that non-swappers are also buying more! However, we then get to the critical part:

    The Jupiter study did note that the average drop in an individual's music spending was larger than the average increase in spending. That effect could explain the overall drop in record sales, the authors noted.

    So there you have it, the survey shows that the wallets of people cutting down their spending outweigh those buying more.

    And of course, as others have pointed out, there's no information on how the data was collected, and no attempt to verify if people's responses were truthful or not, so any arguments either way should be taken with a pinch of salt.

  49. Re:Oh well... by Gaccm · · Score: 2

    Its more that they don't understand either the technology (which is probably unstoppable), or their own customers.

    I'm SURE that that the RIAA understand the technology. They understand that in the future when more people have broadband, large drives, and spiffy software that it will be very easy and convenient to download songs. If people continue to buy music or not is unknown except that if the MPAA (AND RIAA) and get something like SSSCA passed, then the control they will get will earn them cash for the long haul.

    --

    Only dead fish swim with the stream...
  50. Here in L.A. by Newer+Guy · · Score: 2, Insightful

    Here in L.A. the radio SUCKS! There are about five hip/hop/R&B/top 40 stations, a couple of classic rock stations and the rest pretty much is spanish. I listen to the music I love by going to a couple of stations' websites (wxrv.com and wbos.com)., looking at their playlists and downloading the music. If I find an artist that I like, generally I buy that CD. So far this year, I've bought perhaps 15-20 CD's due to my ability to listen to the songs this way. There's no other way to hear this type of music here in L.A. as it's not played on the radio. For me, downloading music is an alternative to listening to it on the radio. Let me state this again, as it's an important point: Downloading has replaced the radio as my preferred (ne' my ONLY way) way of discovering new music.
    Now, I can't understand why the RIAA is so clueless as to think that all of us want to listen to Mary J. Blige and N'Sync. My 17 year old daughter doesn't even listen to that stuff (though my 14 year old does).
    The reason that that music sales are down is simple: the recording industry isn't serving the consumer! If I get a bad meal at a restaurant I don't go there any more. If there's a TV show that I don't like, I don't watch it. If a store rips me off, I don't shop there. None of these receive govt. assistance. THE MARKETPLACE serves them, and they live or die based upon it. Why should the music industry receive special treatment from the Government then? If the record industry is producing a poor product that I have no desire to buy, why should Congress stifle their competition to try and force me to buy their product?
    Can anyone explain this to me...like I was a six year old?

  51. Cheap, maybe, but not stupid. by FaithAndReason · · Score: 2

    Of course people are cheap, but most people don't like wasting time any more than wasting money. Back when Napster was big, I installed it and went poking around for some of my favorite songs from back in the '80s. After a few hours of not really finding anything, I gave up and never went back. Online file-sharing may be free as in money, but certainly not free as in time.

    Now, as far as comparing a purchasing decision with paying income taxes, the comparison is ridiculous. If I don't feel like buying CDs, nobody will probably notice; but if I don't pay my income tax, there's a good chance somebody might arrest me. Income tax isn't even remotely voluntary. And no, don't give me that crap about "jointly agreed to support." I have never once voted for an incumbent, because I consider supporting any Federal budget passed since the beginning of the Cold War as essentially crime against humanity, with its huge military black budget. Seriously.

    (One last note: with Napster, I may not have found what I was looking for, but I *did* find some other bands that I liked. I probably own about a dozen CDs now that I wouldn't have bought otherwise. And, no, I haven't bought a single major-label CD since Napster was shut down.)

  52. Price Elasticity by elb · · Score: 2, Interesting

    Possible reasons for falling RIAA sales:

    • Piracy
    • Economic downturn, in which discretionary entertainment spending is one of the first things to go
    • RIAA increasing the per-unit price of a CD. Based on, for example, these statistics (PDF)

      $6.2B/488.7M = $12.69/Unit (2000)

      $5.9B/442.7M = $13.33/Unit (2001)

      (a 5.04% increase, with 2000 US inflation at 3.4%)

      i definitely wouldn't put it past some biz-school smartass to say in a boardroom meeting, "hey, let's bump up the price a little, decrease our sales, and create the data that will convince courts to shut down file traders."
    1. Re:Price Elasticity by elb · · Score: 2, Insightful

      Also note that 1999 was a record year for just about everyone, RIAA included. betwteen 1998 and 1999, the largest category increase in consumer spending was in entertainment, an 8.3% difference (PDF) according to the US Department of Labor Bureau of Labor Statistics. The average US citizen spent $1,891 on entertainment in 1999. In 2000 (most recent year for which stats (PDF) are available), there was a -1.5% change from the previous year -- avg. total of $1,863.

      Gee. People spend less on entertainment -- because of a bad economy or because of file trading? Your guess is as good as mine, but file trading sure as hell was around in 1999 -- a record year for the RIAA.

  53. Re:thank goodness. by God!+Awful · · Score: 2

    If you don't like this contract, then wait things out. Capitalism is a great engine to spur innovations. Eventually, somebody, somewhere, will have a distribution model that works better than what the creative geniuses in the recording industry can come up with and the *consumers* (that's you and me) will buy into it. Eventually this model will be one that the RIAA can't squash.

    That's good point. When Metallica protested against Napster they didn't say there was anything wrong with file sharing as a business model, just that they didn't get the opportunity to opt-out. If Wilco does this and it works and a whole bunch more people do it and it still works, then so be it. That's what happened with open source. Open source isn't exactly a stellar example of a business model, but it is rather popular. At least with open source, the people who develop the original software get to make the choice to release it under some particular license.

    -a

  54. Don't forget the physical size by dachshund · · Score: 2, Funny
    I can't help but look at the wall my music collection takes up, and think about all the money it represents.

    And the sheer mass of it. My girlfriend's CD collection lives in one of those tall IKEA CD-holders. It nearly killed me last year when the jewel-boxes fell out as I moved it to take a furniture delivery.

  55. Indy Bands by AcidDan · · Score: 2

    My entire music collection is mostly indie artists that I've gone to see in concert anyways, so I've paid my dues.

    Even though more than 75% of my collection is std. commercial (tho not top 40). The main reason I really started buying CDs was the local scene. I live in Brisbane, and it was always awesome seeing the guys from my town doing great now. I've always made a point of buying the Guys' CDs at the concerts becaue I figure I'm showing support. Last time I did this I bought 3 CDs and T Shirts from bands that are just a bunch of young blokes giving it a go...

    Good to hear that you support your locals - on my website I publish local bands discographies etc. Tho I haven't in ages (lousy stupid scanner)...

    -- Dan =)

  56. Am I missing something? by jcsehak · · Score: 3, Interesting

    Okay, after some google searching, I finally found Wilco's site. But WTF? Where the hell can I download the album? I don't even see a place to preview the songs, except for a live show. It says they released it on April 23. What, was it only free for a week? Where are all the informative-link-putting-up karma whores when you need them?

    Heh, linux users will love the blurb at the middle left: it says "got quicktime?"

    --

    c-hack.com |
    1. Re:Am I missing something? by SnakeStu · · Score: 2
      Where the hell can I download the album? I don't even see a place to preview the songs...

      I was wondering how they meant "free" -- apparently (judging from that site) it was free-as-in-beer, and only for a limited time. Maybe that's a good way for an artist to encourage future sales. Maybe it doesn't make a difference once the horse is out of the barn. Either way, it would've been nice if they'd released it (or even just a track or two) as Open Audio, to clarify that yes, it really is legal to pass around. (Since I missed out on the "free" download, it's possible they did use some license of that nature -- but I see no indication of that now.)

    2. Re:Am I missing something? by mcarbone · · Score: 2

      They put it up last year... I think in November. It was up for quite awhile but they took it down now that the album is officially released. In any case, the mp3s are everywhere.

      --

      The only true currency in this bankrupt world is what we share with someone else when we're uncool. -Crowe
  57. Value Adding... by AcidDan · · Score: 3, Insightful

    Good thing no one ripped that bonus CD and posted it on the Internet.

    I've no doubt it's prolly already been ripped. Like you said, anythng that's a value add can be ripped. but I think there's a bit more psychology there too:

    Person A: has a burned CD of Band X

    Person B: Has the limited edition Super CD of Band X.

    I guess it depends on the person but I think you'll find many people will want to be in Person B territory, especially if they think in term of collectability etc.

    I'll ask another question: Who do you think will get more value out of a game: Person A who has a rip & plays single player or LAN, or Person B who paid AUD$80 for a game where they have access to the online communities etc...

    Sure you can circumvent it, but why would you? I guess my attitude changed the day I got to talk shop with some game developers (Pandemic DR2), also the fact that local developer AURAN is just down the road (and I might add, going through tough times atm laying off ppl from what I hear...)

    I guess it all depends on perspective. I don't have too much love for the large top 40 manufactured artists etc. But I'd look like a hyporcrite if I bought locals/bands that I like and ripped the rest (not that I'd listen to their music anyway...), but it's a principle thing...

    -- Dan "Who really should stop posting on this topic and work on his paper" Thomas =)

  58. Put up or shut up time by buss_error · · Score: 3, Interesting
    Warning: Rant mode engaged!

    Don't like RIAA or MPAA, then QUIT PAYING/LISTENING/WATCHING THEIR CHIT, or at least pay EPIC, EFF, and GeekPAC some bucks to offset the profit you are stuffing into Jack and Hillery's pockets. I haven't paid to go to a movie, buy a CD, or paid AOL/TIME/WARNER/CNN/DISCOVERY this year, nor will I for the rest of the year.

    I'm in protest mode, and RIAA/MPAA/Sony/Warner/MGM et al can kiss my rosy red behind as long as they keep acting like spoiled children. Frankly, I don't miss the drivel so far. I listen to CD's I purchased in the past, swap CD's, books (and electronic books) & movies with friends & family, and all other legal things I can do to not PAY them. 'Course, Turner Broadcasting CEO Jamie Kellner is a mite shy on common freaking sense, but that's no more than to be expected from IP control freaks.

    Look, put up or shut up. Do something that hits IP profiteers in the pocket book, vote, and give money to those that are fighting for your rights, or shut up and drop it; you'll get what all cowards get sooner or later.

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
  59. My take on the sharing thing (as if anyone cared) by uncleFester · · Score: 2
    First off, i never downloaded napster. call it the desire not to follow the trend, but I didn't. Besides I believe in supporting the artists I like, as my 800+ cd collection should attest.

    I have dabbled a little with gnutella, and find it handy. mostly i look for two things:
    • bootleg stuff the record companies don't sell,
    • extra snippets from records besides the aor song of the day from a band/disc i like, or
    • enough tracks of a disc to tide me over until the order arrives (ever try finding your favorite Apocalyptica disc at Best Buy?)

    In most cases, if I like the tunes, I buy the disc. If I only like the radio track, I won't buy it.. and in most cases I won't even keep the MP3. Figure the stuff will be crap enough before long.

    So, for me, sharing helps me make a more informed decision. And (probably to the record company's chargrin) I won't buy their crappy disc of crap for only one track I would like. So, I guess it does suck for them..
    --
    -'fester
  60. Stop to Consider RIAA is Right but Wrong? by rtrifts · · Score: 2, Interesting

    "Because most people are obviously using file sharing to find new music to purchase. A concept the RIAA can not comprehend."

    I don't comprehend it either, because I downloaded a lot of MP3's via Napster and Morpheus - but I wouldn't go out and buy them afterwards. A 192 RIP was good enough for me.

    In this way, the RIAA is right. You download the MP3 - you are far less likely to buy it.

    There is, however, a very different consequence which comes with MP3 sharing. And it's one which the RIAA, on reflection, has decided it does not like much either:

    Overall music purchases dip a little. People who download Mp3's, however, ultimately consume more music. They eat more music, pay less for it, and spend their dollars in a less market efficient fashion.

    It's a "hobby effect". You begin to "get into music" more, and you will buy music - just usually not the specific music you downloaded.

    The effect is then to redisribute the proceeds of sales from the "leading group of the day" to those who aren't in the spotlight, but come to your attention and you buy it.

    So what's in this for the RIAA? The more they market a band, the more airplay the band gets, the more the music is likely to be pirated and the more net sales from that band are adversely effected by music sharing.

    Small consolation to the recording label when they find out that - yeah - the kids really like Sum41, and they end up so inspired that they go search out Sum41 "influences", go to the music store to buy some old Green Day EPs.

    THe RIAA may be engaged in a vain struggle, they may disinform and lie and distort the facts, but they aren't *stupid*.

    .Robert

    --
    .Robert
  61. Re:Oh well... by cbensinger · · Score: 2, Insightful

    Part of the problem with them ever selling it online is the lack of quality out there. How many CD's can you think of that have more than a song or two you'd like enough to buy? I've got a handful here that have at least 3 songs that *I* like; but most of them were purchased for a single song or two. I really don't think online purchasing will fly unless it was by the song and if so I can't see there being enough money there....

  62. The article is right on by PD · · Score: 2

    The music industry hasn't gotten a single fricking penny out of me since about 1994. Before that I bought album after album, only to discover that some record company/lazy artist bastard RIPPED ME OFF! Yes, that's right. I would buy a CD, listen to it, and then discover that out of the 10 songs on the CD, nine of them were complete stinkers.

    So, I protect myself now. I just got a DSL line and installed Kazaa lite. I'm discovering that I've missed a lot in music since 1994, and that there's some pretty good stuff out there.

    BUT I warn the record companies: I will check out every song on the record before I buy it. If there is more than one crappy song on the disk, I will keep my damn money. If the CD is filled with good songs, then MAYBE I will actually buy it.

    That's the deal, Mr. Record Company, take it or leave it. I'm content to go back to just not buying any music at all. I did it for 8 years! You've sold me so much garbage in the past, that if I insist on previewing everything that I might buy from you, I think you ought to just sit down, shut up, and ask me nicely to please please buy your record.

  63. I scare the RIAA... by inquis · · Score: 5, Interesting

    ...because I will clearly state what exactly a song is worth to me, because I want to be able to do whatever I want to do with the content I purchase, and because I am not afraid to tell others the value I place on content.

    For .50$US a song, I would like permanent, fast access to a low-bitrate lossy copy of the song for my portable device (128 CBR mp3 would be reasonable), plus a high-bitrate lossy copy for my personal music collection on my hard drive (--alt-preset standard would be acceptable) from fast, reliable servers. These copies must be in an "unlocked" format.

    For 1$US a song, I would like everything I get for .50$US a song, plus a losless copy of the song (in whatever format the RIAA decides is cheapest to distribute in, as long as the format is as unlocked as .wav) from fast, reliable servers.

    For 2$US a song, I would like everything I get for 1$US a song, plus access to a few streaming videos of the band performing the song, and access to a streamed music video for the song (if it exists) from fast, reliable servers.

    For 5$US a song, I would like everything I get for 2$US a song, plus access to downloadable copies of said video in unlocked formats from fast, reliable servers.

    For 10$US a song, I would like everything I get for 5$US a song, plus what I like to call "all access" to the song:
    -If I want a copy of the song in a specific format in a specific quality, there is a service that will automatically generate that copy for me and deliver it to me like automagic.
    -I get access to any demo recordings of the song.
    -I get access to all the materials I would need to reproduce the song on instruments (guitar tabulature, etc.)
    -I get access to a multi-track recording of the song, where the individual tracks each represent one musical element of the final song when mixed together; i.e. one is the bassline, one is the lead guitar, one is the drummer, etc.

    With a scheme such as this, I can "buy in" to a song to a level equal with my enjoyment of that song. I also have incentive to buy in to levels above .50$US: I'd gladly drop a dollar a song to have fast access to lossless copies of songs that I want to make a mix CD of, and I'd gladly drop another dollar on top of that to have fast access to some videos with maybe the band talking about the song, the music video, and maybe a video of them playing the song live. Let's say I decide to show said videos to my friends: three bucks on top of what I've already paid, and I get a VCD mailed to my house with SEVENTY MINUTES of video footage about my favorite song: the video, live performances, artist interviews, the works. If my band wants to try to learn to play the song, just pony up five more dollars and there you go. I know I'd pay five dollars for the bass tabs for Tool - Intolerance + an mp3 of just the bassline.

    Hell, I even have some CDs where I'd gladly drop 10$US a song for the entire CD if the distributors (the RIAA, natch) would GIVE ME WHAT I WANT.

    I DON'T WANT CRAP-QUALITY LOCKED COPIES OF CRAP SONGS, I WANT "COMPLETE" COPIES OF THE SONGS I LIKE, AND I AM WILLING TO PAY FOR FAST, RELIABLE ACCESS TO THE THINGS I WANT.

    And put this in your pipe and smoke it: since the middleman is cut out (record stores), the artists can get a larger cut. If I buy a 12-track entire CD at .50$US/song, and the artist sees 20% of what I spend, that artist has pocketed 1.20$US of what I've paid, which is about as much as the artist makes if I were to buy the CD retail. If I buy Tool - Intolerance at the 10$US level, the artist pockets 2$US -- more than Tool probably makes for selling the entire Undertow CD at retail. If I turn around and buy the rest of that album at .50$US/song, then I'll have paid 14.50$US (less than what I would pay retail) and the artist will have pocketed 2.90$US, which is probably much, much more than they make per disc now.

    Since when did the customer stop being always right?

    -inq

    1. Re:I scare the RIAA... by ProfMoriarty · · Score: 2
      Ahhh ... well, I agree with your pricing plan ...

      however, how is the RIAA going to make their $$$ that way ...

      So .. in conclusion ... the RIAA, in the "intrest of the artist" will oppose this ...

      --
      Karma? Karma? I don't need no stinkin' karma.
    2. Re:I scare the RIAA... by Alsee · · Score: 2

      however, how is the RIAA going to make their $$$ that way[?]

      The only per-copy expense is bandwidth. The bandwidth costs are practially zero per song, expecially when you are handling around a billion downloads per month. (At the grammies they claim 3.6 billion illegal downloads per month).

      In other words, at $0.50 per song you have $500 million per month to divide between the artist, fixed costs, and profit. No manufacturing expenses. No shipping expenses. No retail store grabbing %50 of the gross. Generally no sales tax on the internet.

      That doesn't even touch the $1 through $10 levels.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  64. I bought it without listening by mekkab · · Score: 3, Interesting

    Yep. For all my cable modem-having, morpheus/kazaa-using, cd-rom burning,
    I bought the album without hearing a peep of it before hand.

    Why? Obvious reasons! But it's pretty dope!

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  65. Music sharing - the successor to radio by Animats · · Score: 2
    Perhaps music sharing is the successor to radio. After all, you can hear music on the radio for free. But the selection is limited. Music sharing opens up the world of music, because there's no scarcity of channels.

    The right balance between the rights of listeners and the rights of creators may be making nonprofit use legal. You can copy music for your own use now (Audio Home Recording Act). You should be able to pass music around for free, but not charge for it, add advertising, or do anything that generates revenue.

    This means hobbyist sharing only - no Napster, no MP3.com, no Kazaa. Gnutella and Freenet, yes. Now that's worth lobbying for.

    1. Re:Music sharing - the successor to radio by DarkProphet · · Score: 2

      I'm all for it. I could care less if people get arrested for downloading mp3s and selling them. I download music that I am interested in getting acquainted with and/or to preview an artist's album before I actually buy it. If I like the album enough, I'll buy it, so I have a physically perfect copy for archival purposes. I use the MP3 CDs for day-to-day listening because they are disposible. If one breaks or whatever, I can just burn a new copy. Nice. My computer is dreadfully slow by today's standards, and it takes overly-long to encode to mp3. It would be nice if I could just hop on the artist's site and pay x amount of dollars per high-quality (say 196kbps) mp3s instead of having to encode them myself.

      --
      What could possibly hurt the security of the American people more than giving our own government the ability to hide its
  66. Re:Oh well... by pedro · · Score: 2

    So what I think is happening here is the equivalent of what happened to encyclopedia salesmen with encarta. They were so locked in to a large existing sales network with high production costs that they could not bring themselves to cannibalise their own networks to maintain sales. This nearly destroyed the companies (such as britannica) before they finally did a U turn. People were happy to buy an inferior (M$ Encarta - not that it was bad, just less information) product because it was so much cheaper, and almost as good.

    Encarta is an abomination even worse that World Book (Bleaah!) by comparison with Brittanica!
    Brittanica was/could-still-be the gold standard of Encyclopediae. No Joke.

    Friggin kids these dayz...(mutter mutter)
    HEY! GET OFF MY LAWN!

    --
    Brak: What's THAT?
    Thundercleese: A light switch.. of TOTAL DEVASTATION!
  67. Tom Waits is streaming his whole album this week.. by PlanetJIM · · Score: 2, Informative

    Tom Waits' new label Anti is streaming both his upcoming releases for the days before they're released next Tuesday. I listened to the first one and after two songs I was on CDNow placing my preorder.

    Now that's what I call increasing music purchasing. I haven't bought a CD since February and it took 8 minutes for me to go buy two that aren't even out yet.

    They're great records too, if you're into Tom Waits.

    --
    A Transmission From PlanetJIM.[end trans]
  68. Re:Oh well... by xigxag · · Score: 2
    > They (record companies) seem determined to kill the goos that laid the golden egg. They'd rather have control than cash.


    I think that they would rather have the cash.


    The problem is that the record companies are scared. They've looked into their crystal balls and don't like what they see. OK, for now mp3's might serve to whet people's appetites for the original CDs. But looking ahead, imagine a machine sold by SonicBlue which scoured the net for music files, then downloaded albums, automatically burned full CDs as well as printing labels and inserts, all at quality very close to the original. That's what would eventually happen if the record companies allow digital file swapping to go unchallenged. So they are doing everything they can to avoid this fate.


    People think the record companies can still make money with digital distribution at high (guaranteed) quality, but I don't think that's going to happen. First of all, it seems very hard to get people to pay anything for digital content, as any online newsmagazine will tell you. I'd guess that most people would rather pay $15 for a CD than $5 for a digital download of the same exact thing. Secondly, the quality issue can be fixed. A free site like Audiogalaxy could generate user ratings alongside their file lists. Don't know which version of "Smutch.mp3" to get? Pick the one which has a "Score 5" next to it.

    --
    There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
  69. A new biz plan for the industry by F8336 · · Score: 4, Insightful

    This is free for the RIAA et al. to adopt:

    They allow high quality streaming of ALL the songs from the albums. Then sell HIGH (196kbs) Quality mp3 downloads of the songs for a fraction of the cost of the cd.

    Do not worry about people who will never buy, Don't worry about people who only buy CDs. There are many others like me who would rather buy just the songs for a cheaper price. Of course now they will be providing songs that can transmitted to friends and etc. Don't worry about that; those people who would like to download them from friends probably will download them from filesharing utilities.

    But what about those who download and then buy the album? If you sell them online cheaper you lose some money right? Yes, yes you do. However, you make a lot more from people who want to pay for the music but can't justify 18 dollars for a cd.

    Trying to clamp down and stop honest people from using the music fairly BENEFITS NO ONE. Trying to stop filesharing is like trying to push unused toothpaste back in the tube.

    At the risk of sounding cliche don't alienate your base and don't sweat the small stuff!

    Were things better for you all along time ago? Maybe. Have things changed? Yes yes they have. Was it overnight? Nope. Will it change back? Not only no but hell no.

    --Joey

    --
    War does not determine who is right Only who's left
  70. **plug** by morgajel · · Score: 2

    while I'm not john mayer, I feel obligated yet again to mention his motto-
    "you can burn a CD, but you can't burn a t-shirt"

    decent people like him who are in touch with the technology will thrive in the next 10 years...
    I'd be happy if every major label went bankrupt and all the indie's took over.

    rock on wilco- I didn't see that post earlier, but I'll check them out tomorrow.

    --
    Looking for Book Reviews? Check out Literary Escapism.
  71. Music Industry Now Blames "Organized Crime" by NewtonsLaw · · Score: 2

    Last week I interviewed the head of Sony Music NZ who also happens to be spokesman for the local Industry's "Burn and Get Burnt" campaign -- an attempt to reduce the levels of CD piracy.

    The Sony exec told me that they see the main problem being "organised" groups of pirates who regularly burn CDs and sell them at flea-markets, schools and the like.

    Later, a former "top cop" from the UK, who now happens to be under the employ of the UK recording industry, was interviewed on TV.

    He claimed that CD piracy was being run by the same organized crime groups that were traffiking in drugs, arms and similar illegal products.

    His pitch was pretty much that if you buy a burnt CD you're contributing to the illegal proliferation of drugs and guns -- now that's a new one eh?

    The Sony exec said that copy-protected CDs will be introduced in to New Zealand shortly and added that overseas trials have been very promising, with only a very low level of complaints.

    At least he acknowledged that this lack of outrage might be because they were trialing the technology on music that was unlikely to appeal to the demographic most active in Net-based trading or casual CD ripping/burning.

    He told me that although they still considered burning/ripping a CD for your own use to be illegal (there's no "fair use" here in NZ), their main targets in the anti-piracy drive were the "professional" pirates.

    When I pointed out that "professional" pirates would not find the copy-protection to be nothing more than a minor irritation he got a bit agitated and wouldn't comment.

    I suggested that perhaps this copy-protection was going to have the most impact on those people who are not in the business of copying music for friends or resale -- but simply want to be able to buy a CD that is certain to play on whatever player they choose (including a PC) to play it on.

    I also suggested that copying an expensive CD onto a CDR for use in the car is a sensible thing to do. CDs in cars are prone to get scratched or damaged so using a copy is simply insurance against that.

    He told me that this was illegal (here in NZ) and that if you scratched a CD so that it wouldn't play then you should simply buy another copy.

    What's more, when I told him that in the days of vinyl I used to tape my expensive LPs and use the tapes for day-to-day listening so that the originals didn't get scratched he told me that this was also illegal (here in NZ). When I suggested that lots of people did this -- he told me that was rubbish.

    It's easy to see why the recording industry has a problem -- they live in a world where the sky is a completely different color.

  72. Elton John's On Our Side! by NewtonsLaw · · Score: 2

    In an interview with Australia's Channel Nine this week, Elton John attributed the decline in CD sales not to piracy or the Internet -- but to the "crap" that the industry is trying to pass off as music.

    It was refreshing to hear this sentiment echoed by an artist of such standing in the music industry.

    Nice to know that there are still some recording artists that haven't sold out.

  73. It just doesn't matter... by Eric+Damron · · Score: 2

    One study says file swapping is lowering sales another claims that it stimulates sales.

    The bottom line is that it doesn't matter. The copyright holder has the right to distribute the music they control any way they choose. It is not for the consumer to decide for them.

    If you are trading copyrighted material without the copyright holders permission then you are breaking the law and it doesn't matter squat if you disagree with the law.

    --
    The race isn't always to the swift... but that's the way to bet!
    1. Re:It just doesn't matter... by Eric+Damron · · Score: 2

      I does not matter if you disagree with the law. You must still obey that law. Period.

      Change the law do NOT ignore it.

      --
      The race isn't always to the swift... but that's the way to bet!
  74. CD is dead. Long live MP3. by Elwood+P+Dowd · · Score: 2

    CDs don't work for me. I am a poor judge of a CD's staying power. Back when I bought CDs, I would frequently buy crappy CDs. Now I download full albums from MP3 distro groups. I've got about a hundred albums right now. If an album gets old, I delete it. My collection is excellent. I don't buy anything.

    CDs scratch and oxidize. MP3s are forever. If I ever buy a CD, it is only because it's so uncommon that it can't be downloaded. And then I rip it and play it on my computer or my iPod.

    --

    There are no trails. There are no trees out here.
  75. Last year I boiught more music than ever before by thumbtack · · Score: 3, Insightful

    The actions of the RIAA have driven me away from mainstream. Last year I purchased 53 CDs, and NOT one was from a RIAA member label. When I started boycott-riaa.com in July 2000, I quit buying mainstream music, and it hurt. I really enjoy music, of all genres and was somewhat lost, as to what to do. Soon I discovered that there is a huge amount of music available from independents. Soon I was visiting CDBaby every payday, visiting indie artists websites, buying from the artist rather than the cartel.

    Over the years I've usually purchased 1 or 2 CDs per month. Last year I purchased about one per week. The reason? I heard the music beforehand, not after I got the CD home. Every CD from every artist let me hear not just 30 second samples but most often full tracks, or the full CD. Many let me download MP3s of those tracks. Damn right the RIAA sales are down, they got not one cent of my money, in a year I bought more CDs than every year before.

    In the ongoing "Chicken Little" scenario presented by Hilary Rosen and her band of thugs, they neglect to tell you that Sony Music was UP last year, that Warner Music was UP last year, and that EMI as down a scant .4 of a percent. I wish I could say the same for my 401K.

  76. Re:it's true by letxa2000 · · Score: 2
    Your music collection must sound like crap. utter crap. Even if you just copy a cd, you lose audible sonic quality due to cd error and signal path error. Ignoreing the ethical factor all together, you are making a bad decision for your ears, unless of course our stereo is a set of jury rigged

    When I was younger sound quality was everything. My stereo had to be perfect, the sound perfect, etc. I still am able to detect flaws in sound that many others can't--or just don't care about. My wife thinks I'm obsessed with sound quality.

    That said, for pop music I find that 128 bit MP3 is perfectly adequate. For symphony or orchestra I usually go for 192 or 256. It's good enough for me. Perhaps 10 years ago it wouldn't have been, but these days it's more than adequate.

    I think as you get older the obsession with 100% accurate sound reproduction fades. Perhaps it's a combination of ones ears naturally deteriorating with age and perhaps it's just a matter of moving on to more important things in life. Perhaps it's a matter of having grown up recording tapes to hear in my car only to have the speed of the tapes motor just slightly off or tape stretch working hours of recording time--one realizes that the quality we have now, even 128 bit, is much better for much longer than what I was used to growing up.

    Whatever the reason, I'm perfectly happy with the quality of my collection. I invite you not to listen to it if you don't want to. :)

  77. Tit-for-tat by _Sprocket_ · · Score: 2
    Good post. And great points.


    The problem as I see it is that these same points apply to the arguments organizations like the RIAA are making. Whats worse, they are using these questionable arguments to push for equally questionable laws that will require considerable time and effort as well as an expesive court process or an act of congress to repeal. If that ever happens.


    Sure, these arguments are flawed. But the industry is acting now and forces those who wish to counteract their actions to also act. There is no time for truely accurate analysis (as screwy as that may be).


    One final comment - the music industry is happy with the current status quo. They have spent the past handfull of decades developing the system that is their current business model. They also realize that they are being presented with a possible disruptive technology. And while it is possible that technology may present new opportunity some time in the future, it is the safer bet to limit the effectiveness of that technology now even at the risk of outright killing it. The worse that can happen is they'll be forced to deal with the current status quo.

  78. Re:How do you lock extra features? by Jayde+Stargunner · · Score: 2

    Sure you can. It's called: CD Quality vs. MP3 Quality =P

    -Jayde

    --
    What's a sig?
  79. Re:it's true (and I buy less crap) by Aqua+OS+X · · Score: 2

    I agree. I buy more music now, however it is not the same music that I use to buy. Thanks to internet radio and mp3 downloading I buy a LOT less garbage. My taste in music has become much better over the past view years....no thanks to mainstream RIAA means of publication (aka FM radio and MTV).

    --
    "Things are more moderner than before- bigger, and yet smaller- it's computers-- San Dimas High School football RULES!"
  80. A way to pay them directly. by e-gold · · Score: 3

    (I know, I keep saying this stuff...Now it's a rant).

    This essay is a work in progress. It's a compilation of various rants of mine. If you have ideas for improvement (or critiques) they'd be welcome.

    My saga into the online music controversy began at CFP99 (the Computers, Freedom, and Privacy conference). A panel with both an RIAA representative and a rap-artist and a few other folks were talking (actually they were mostly shouting!) at/to eachother.

    The RIAA (Recording Industry Association of America) is a very politically-well-connected music distribution cartel, consisting of five major record companies. The rap artist (whose name escapes me) had his own label, but he favored MP3s, too, because his music's popularity had grown in part due to online music trading. To summarize the arguments...

    RIAA side:

    You're a criminal, an ordinary thief! Taking this information is AGAINST THE LAW, even if you own the album/CD! The person who downloads music is stealing from musicians as much as a person who "pirates" software steals 'warez'!

    Unknown Rap-dude's side:

    No, you're a corporate shill, feeding enormous layers of middle men (who don't help our fans at all!) piled onto the backs of artists - who have 0 negotiating power against a giant cartel that's as powerful as the RIAA!

    Needless to say, the session ended with the panel still arguing, mostly right past eachother. Everyone wanted to talk about the artists and the fans, but if you listened it was all about money even though words like "money" and "payments" were rarely if ever mentioned! A 1950s-era payment system was assumed to be the only alternative to "100% free."

    I walked up, handing out business cards and quietly saying, "you know, I might have a solution to all this, it's called e-gold" to both sides, and both sides have been very slowly getting it (no marketing budget to speak of!) ever since! (Well, it's not been quite that bad, but it's close!) Now, I spend a lot of time asking artists to try e-gold, and some new tools have made it easier than ever to use.

    One fan has set up http://www.radsfans.net for The Radiators, a very cool bar-band that should be more popular than they are, IMO.

    I can understand why the RIAA dislikes the idea of e-gold. They hold onto their middleman position only because of the difficulty artists and fans have traditionally had in directly reaching or paying eachother. Some bands, like the Grateful Dead, thumbed their noses at anti-recording policies for years, though. I don't think Jerry's heirs are suffering now, despite the massive music-trading of recorded Dead shows which has gone on for decades. Despite the well known fears of bands like Metallica, there are a lot of subtle ways to make it in the music business, and my intent is to spread e-gold tipjars as another one.

    I want to jump in on the RIAA's game (and as a middleman, I may charge a lot LESS than the RIAA does, but I'd charge something!) so they're understandably apprehensive about losing the things Courtney Love mentions in http://www.hole.com/speech/ such as "trips to Scores" (a popular NY City topless entertainment club). I think e-gold can be a much more efficient and transparent 'middleman' -- but of course I'm biased as hell.

    I want small bands I've never heard of to be able to quit their day- jobs and play music full-time because of what I'm selling, and I'm not going to quit. Other people have said this better than I can, so I'm going to rely on them now.

    I would urge everyone reading this to read Courtney's whole rant, even though it goes on for pages...In it, she reveals things like a band declaring bankruptcy after they received less than 2 percent of the $175 million(!) earned by their CD sales. Toni Braxton sold $188 million worth of CDs, and went broke because of a contract that paid her less than 35 cents per album. We all know what CDs cost, and I'm pretty sure most of us imagine the artists getting a better cut than THAT! Anyway, please go read the whole thing so that you can see from Courtney's math that the examples above are typical. Don't despair, the good part about tipjars is near the end.

    Ok, now that you're back, let's get to the fun part and read some online comics about micropayments! First:

    http://www.scottmccloud.com/comics/icst/icst-5/ics t-5.html

    and then:

    http://www.scottmccloud.com/comics/icst/icst-6/ics t-6.html

    Whew. Ok, now look at what Courtney & Scott were both asking for, between the lines! First:

    http://www.fastsci.com -- which allows ANYONE, even someone who is VERY non-technical, to set up the e-gold shopping cart. Then:

    http://101574.clicktwocents.com/ -- which attempts to get two centigrams (about 19 cents worth, but two cents US is possible, too) donated to me for my long rant. Think to yourself, "I should ask Courtney & Scott to accept e-gold!" They were both asking for this, and Jim just demonstrated it!

    Well, I've already asked them, but more voices will have MUCH more of an effect than just mine, so feel free to help me, and thanks for reading.
    JMR

    --
    Try e-gold - (contact me). I'm NOT e-
  81. Re:it's true by Lumpy · · Score: 2

    $20.00 to see them live? what dreamworld do you live in?

    Taking my daughter to see N-synch $49.50 Each ticket
    (Barf bags for me - free, babydoll T-shirt for her $45.00)

    Going to see Creed for myself.. $76.00 Each ticket
    (T-shirt $35.00, 2 pop's $12.50)

    ACDC Last year in detroit - $68.00 (Cheap seats)

    you CANT see anything for $20.00 other than maybe a garage band or some other un-heard-of newbie band.. (Which isnt bad, I like newbie bands, I just like to hear them at bars or other venues where the band isn't gouging.)

    --
    Do not look at laser with remaining good eye.
  82. Re:It's really not about sales by 0xA · · Score: 2
    It's really not about sales, it's about making it easy for you to find what they want you to find and hard to find what they don't want you to find. The last thing the recording industry wants is you being able to find and then buy ANY kind of music.

    Does the word "control" rings a bell ?

    That's the big thing people miss! I'm not convinced it's not about sales though.

    It used to be that I would hear a song on the radio or see a video that was kind of neat and go buy the CD. It was about a 60/40 chance that it was complete crap, utter garbage I wouldn't listen to again. Now I can go download a few tracks and find out if I'm gonna hate the CD or not first. The record industry knows this happens, they see this as a bunch of lost sales but it's not. It got to the point for a while there that I wouldn't buy a CD unless I had listened to it first at a friends or a party. I also had a "I like three or more songs" rule, if I only liked one song, no sale. Everyone has experience with this.

    The thing is, when I could easily download a whole bunch of stuff, I bough more, not less. I was always finding cool new stuff. I don't buy as many CDs anymore, I'm not sure why, I was out of work for a while and got out of the habit I guess. I also have a harder time finding cool new stuff, my tastes have changed some, it seems to be harder to find stuff that I like now. I've grown out of the Napster demographic or something.

  83. Re:it's true by EllisDees · · Score: 3, Insightful

    Yes, writing music *IS* fun (or can be), but to think that people make music just for the "joy" of it is ridiculous.

    Yeah. Just as ridiculous as the idea that people would write code just for the "joy" of it...

    --
    -- Give me ambiguity or give me something else!
  84. Re:it's true by EllisDees · · Score: 2

    Start listening to electronic music. You can usually get 8-10 hours of music at a show for $20.

    --
    -- Give me ambiguity or give me something else!
  85. Re:it's true by Lumpy · · Score: 2

    I went a step further... Let's remove the inaccurate measuring device (The human ear) and place a real piece of equipment a digital storage Oscilliscope. Now let's set it for 1Mhz capture to avoid missing any data.

    Capture 20 seconds of origional CD.
    Capture 20 seconds of copy.

    set your startpoints accurately.
    and notice that the vaveforms are 100% identical sans any power supply fluxuations.. I had this CD copies suck argument with our audio-engineer. and I used his equipment to prove that it is in his head and not anything real. There is a fact in this "perception" the quality of the CD burner is important.... You HAVE to have a quality burrner ($200 - $300 in today's cheap prices) and usually perfoeming the copy with the correct duplication equipment (SCSI Drive to Drive with no software other than the control-box to avoid software coloring the sound... YES, Cdparanoia will color the sound.

    in any audio engineering, if you use your ear for anything but a it's there or no sound detector you are adding tons of error into your settings.

    and dont get me into levels.. I so many supposed engineers trying to set things without using durrough meters or just guessing on the settings for the Dominator 2 or any of the Optimods.... Dont get me wrong, I have met some awesome audio engineers... but many today are just blindly stomping around.

    And no, I didnt waste money on my headphones.. I dont like to downmix my 4 channel sub-bus to two before final mastering.. so I found high quality 4 channel headphones. it makes mastering for your surround audio easier. when you cant annoy everyone in the 3 other editing suites.

    --
    Do not look at laser with remaining good eye.
  86. MP3 is CD quality by yerricde · · Score: 2

    Sure you can [provide a benefit to only those who pay]. It's called: CD Quality vs. MP3 Quality

    A properly encoded MP3 is CD quality. lame --r3mix will compress stereo sound to an average data rate of 176 kbps with no audible loss. See r3mix's "quality" section for details.

    Even then, most consumers are happy with the 128 kbps files that permeate the WinMX, Kazaa, and Gnutella networks. You can't hear the difference above the ambient noise of the street, etc.

    --
    Will I retire or break 10K?