Slashdot Mirror


Janis Ian on the Internet Debacle

Datasage writes "Janis Ian, famous songwriter and artist, writes about her views of free music downloads, the music industry and the evils of the RIAA in this article." Yet another artist with substantial first-person experience speaking out, reminiscent of Courtney Love's speech.

153 of 418 comments (clear)

  1. I want an apology by SirSlud · · Score: 2, Flamebait

    .. from all the 40 year old morons who keep reiterating that 'artists have to be compensated for their work, so filesharing is inherently as bad as stealing' and then, to add insult to injury, accuse me (a musician) of cheating musicians.

    I said it before, I'll say it again - absolutely nobody is listening to the musicians. For all the lawyer bashing that goes on here, you'd think some of those 'filesharing is the devils work' posters would clue in that the parties with the megaphones in this debate arnt even remotely interested in the welfare of artists - only the lucrativeness of the music industry.

    What a great article. It should be required reading if you want to be a music consumer.

    --
    "Old man yells at systemd"
    1. Re:I want an apology by SirSlud · · Score: 2

      Well you're not a 40 yr old moron then. :)

      Sorry for the agism, but so far my collective opinion gathering points to most of the 'there is no room for a grey market' posters come from a more bricks and mortar time.

      It wasn't my intent to diss 40 yr olds .. only the ones who insist that filesharing is tantamount to stealing, straight up - was actually kind trolling to see what kind of ages have what opinions.

      > I always sample before I buy.

      Yeah, thats what most people do! There's a reason nobody buys cheap shoes and has somebody paint on the swoosh - people want the official gear, as Janis pointed out.

      --
      "Old man yells at systemd"
    2. Re:I want an apology by onion2k · · Score: 2, Insightful

      Yes Napster et al make great sampling points. Try before you buy blah blah blah.

      However, if you happen to be a formulaic nobody churns out the same old dirges album after album (mentioning no names Lars.. oops), then people are going to be sick of paying 15quid (I'm English, dollars to you I guess) for an album with perhaps 2 or 3 reasonable tracks. And what do they do? They download/copy/rip the stuff they like, and don't pay for the filler. And as far as record companies are concerned, filler pays.

      You see, people who download aren't really hurting the artists who have been around for a while, and have a hefty back catalogue that will actually be aided by new listeners. No. The people that are 'harmed' are the so-called 'musicians' who are happy to stamp out track after track, album after album of the usual cookie-cutter chart crap. These are the tunes that appeal most to the very people who can't afford to buy a 15quid/dollar CD, Children. They're the very same people who haven't the intellectual ability to crack some encryption or whatever. So whats left? Downloading.

      Sure, Janis Ian is right. People downloading a 27 year old hit isn't going to hurt sales of an ancient Ian album. But thats not the same as saying its not going to hurt anyone.

      I'm as bad for this as the next pirate. I would never have gone out and paid for the latest Puddle Of Mudd album, theres only 1 good song on it, but I have it. I've not bought the Blade 2 OST, but I'm listening to it. Just a couple of examples as to where the recording industry has been hurt.

      If artists want me to pay my hard earned cash for their music, then they ought to make albums I'd be happy to pay for.

    3. Re:I want an apology by SirSlud · · Score: 2

      No, Nike buys cheap slavery and has them pain on swooshes. ;)

      --
      "Old man yells at systemd"
    4. Re:I want an apology by dinotrac · · Score: 2, Insightful

      Why? Artists should be compensated for their work --- if it creates sufficient value that you wish to exploit (hang a copy in your living room, listen to it in your home, etc) it.

      This is different from saying that the recording industry shouldn't be piled high on a bonfire and doused with lighter fluid.

      The problem is that you 20-to whatever morons want to exploit the artists even more than the recording industry. You don't want to pay them anything!

      If you were to seriously campaign for artists' rights and to propose somethng that would help artists at least as much as your personal music collection, it might be easier to take you seriously.

    5. Re:I want an apology by SirSlud · · Score: 2

      I dropped the age in there precisely to get replies where people who put forth their stance and age.

      I dont really believe age has much to do with it (but I believe "clueless twentysomethings that parrot what they hear" is quite possibly right on the money) ... I admit, it was an ontopic functional troll designed to get people to discuss their age.

      --
      "Old man yells at systemd"
    6. Re:I want an apology by SirSlud · · Score: 2

      > You don't want to pay them anything!

      Dont you ever tell me what I want. I know what I want, and I want to pay artists.

      --
      "Old man yells at systemd"
    7. Re:I want an apology by ScumBiker · · Score: 3, Interesting

      My CD collection vastly outweighs my mp3 collection. I mostly download mp3's to fill obscure bands like "Captain Beyond" discographies. I do sample *every* band before I buy their CD though, unless they're a local, then I "sample" them live. What the hell is the difference?

      Congratulations to Janis Ian for the excellent article she wrote. As a musician myself, I completely empathize. I've said this before, I'm planning on starting an Internet on label. I could use some help. Drop a comment in my journal if you are interested in getting involved.

      Sandman, that really strikes home. My other half and I frequently ask each other if our parents are coming home soon. Gotta love being 42...

      --
      --- Think of it as evolution in action ---
    8. Re:I want an apology by DEBEDb · · Score: 2, Funny
      My CD collection vastly outweighs my mp3 collection

      I'm sure. How much does an mp3 weigh?

      --

      Considered harmful.
    9. Re:I want an apology by ScumBiker · · Score: 2

      How strange, I remember telling it to. Use my bulletin board on my personal website: Jack's Junkyard

      --
      --- Think of it as evolution in action ---
    10. Re:I want an apology by AntiNorm · · Score: 2

      I'm sure. How much does an mp3 weigh?

      To (greatly) simplify things, assume that one bit of information can be stored in one electron, and that no overhead is added for filesystems and the like.

      The mass of an electron is 9.11e-31 kg. As a sample mp3 to use for comparison, take the Beatles' "Hello Goodbye." My rip of this is 5,494,880 bytes in length. This translates to 5494880*8 = 43959040 bits of data. So, using the simplified one-bit-one-electron method, Hello Goodbye has a mass of 43959040 * 9.11e-31 = 4.0044e-23 kg.

      How much does a CD weigh? Assume one half ounce. In reality, they weigh less, but this will be close enough for comparison purposes. 1/2 ounce is 1/32 of a pound. Since pound is a unit of force and not mass, you can use F=m*a to convert this to the equivalent mass unit in the English system, which is the slug. 1/32 = m * (32.2 feet/s^2) yields a mass of 9.705e-4 slugs for a CD. A slug is equal to 14.5939 kg, so 9.705e-4 slugs is equal to .014163 kg.

      Now you can compare directly. The MP3 weighs 4.0044e-23 kg, and the CD weighs .014163 kg. Simple division indicates that the CD is about 3.537e20 times heavier than the mp3.

      Does that answer your question?

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    11. Re:I want an apology by AntiNorm · · Score: 2

      The MP3 weighs 4.0044e-23 kg, and the CD weighs .014163 kg.

      s/weighs/has a mass of/;

      Oops.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
  2. Re:famous? by SirSlud · · Score: 2

    oh, the sweet sweet irony of hearing an AC call somebody, more or less, an anonymous wacko.

    *fffsszzzt* hello, kettle, come in, come in, this is the pot *fffsszzzt*

    --
    "Old man yells at systemd"
  3. Re:more artists against RIAA by JimPooley · · Score: 2, Insightful

    Oh yes. Jacko was complaining that the recording industry was racist (And we all know how proud he is of his black heritage, don't we.) and not trying to bolster his faded career at all...

    --

    "Information wants to be paid"
  4. Debate reveals artists' true colors by patmandu · · Score: 4, Interesting

    This really boils down to "who's in it for the self-validation" vs "who's in it for the music." It seems that much of the response to the music swapping debate just goes to show where these folks' alliances are. Mettalica was in it for the prestige and decided to suck up to the record company who was promoting them and making them 'famous'. Janis Ian (and others) is showing herself as someone who is in it to make music, not to get famous.

    The fame-junkies are going to ally with the record companies no matter how much or little they get paid. But to quote Bowie, "Fame...makes [someone] loose and hard to swallow."

    The ironic part is, if they ditched the record companies and made a *real* effort to come up with an internet-based music distribution system with micropayments, they'd all probably make more money, AND get more direct control over their work...which is a much more 'real' power than the record companies' 'fame' they peddle.

    1. Re:Debate reveals artists' true colors by FatRatBastard · · Score: 5, Insightful

      Mettalica was in it for the prestige and decided to suck up to the record company who was promoting them and making them 'famous'.

      No, Metallica was in it because, unlike 90%+ of the artists signed to the big five, they actually *own* their recording rights. Look at a Metallica CD. It doesn't say (C)(P) Electra (their lable).

      Now, this is not to say I agree with Metallica's stance, but its understandable why theirs and Janis' view points are different.

    2. Re:Debate reveals artists' true colors by niola · · Score: 5, Insightful

      I think you have the wrong impression of Metallica. While they did ruffle a lot of feathers with the way they proceeded, their argument somehow got lost in all the hoopla. Their stance was do not share their studio albums, but share bootlegs etc. to your heart's content.

      Anyone who has gone to a Metallica show knows that they ENCOURAGE recording of their shows fror your own enjoyment. In fact I have even heard instances of them letting people jack recording gear into their console at the show should you happen to be close enough.

      Their argument, whether you agree with it or not, was that artists should have final say on what is shared and what is not. On this point I would have to agree with them. It shouldn't be the fan's or the label's decision. The decision should be the artists that created the work. If they want to selectively allow some works to be shared and others not, it should be their perogative.

      --Jon

    3. Re:Debate reveals artists' true colors by SirSlud · · Score: 2

      > I'm constantly amazed at how quickly people are willing to sign away

      Certain bands have leverage to negotiate their own terms. Some bands don't. Unfortunately, us westerners are uncomfortable in beliving that anybody but the uber-best deserves any fair treatment at all, so those artists that dont have the leverage are usually glibly dismissed as 'sucky' or whatnot.

      Of course, thats not the point. Diversity, lots of smaller acts would be good for music and musicians. The more powerful *any* entity becomes, more likely they become the next RIAA or MPAA, so not having the leverage should be dealt with by asking, "Why do the labels seem to have *much* more leverage than most artists." rather than "Why do so many arists sign their life away so quickly."

      Remeber, us musicians cant become experts in legalese. If we put too much time into studying what we have to do protecting our interests, we dont have any time left over to write music.

      I guess this is where the market is supposed to step in - if the musician camp hunch is right, the music industry will essentially die at some point because labels will only be able to sign the flash-in-the-pan idiot bands to their draconian contracts. Doesn't seem to be happening however; if anything, the western world's addiction to flash over substance appears to be ever increasing.

      --
      "Old man yells at systemd"
    4. Re:Debate reveals artists' true colors by Lumpy · · Score: 5, Interesting

      the problem is that EVERYONE is getting way too greedy and is forgetting WHO and how they got sucessful.

      The fans turned on Metallica like rabid wolves because they went directly against what they said and stood for. Bootlegs is what MADE metallica. Photos shot with crappy throw away cameras is what MADE metallica. the fans are what MADE metallica. not their genius, Lar's F**King drumming abilities (there are tons more and better drummers than lars) or anything to do with what they did.

      The same is with current bands.. I saw Nickleback this past tuesday, they insulted and made mad a large number of fans as they over searched everyone TWICE looking not for drugs,liquor,or weapons but CAMERAS. enough to get a large group to complain about it.

      it's time that people get tired of the crap that bands and the labels pull. Me taking a grainey/far away photo at a concert is not going to cost anyone anything.... not letting me do so costs a fan and sales.. as I will no longer buy anything that they are affiliated with and let everyone know that they are fricking greedy bastards.

      hopefully more artists will have the moxy and arent corrupted too badly to follow Janis's view.

      --
      Do not look at laser with remaining good eye.
    5. Re:Debate reveals artists' true colors by Rogerborg · · Score: 4, Insightful
      • Their argument, whether you agree with it or not, was that artists should have final say on what is shared and what is not. On this point I would have to agree with them. It shouldn't be the fan's or the label's decision. The decision should be the artists that created the work. If they want to selectively allow some works to be shared and others not, it should be their perogative.

      This is absolutely correct. It's the letter and spirit of copyright law.

      Unfortunately, it's also largely irrelevant, because the vast majority of artists don't own the rights to their own work. They have chosen to sell them to big labels, and have no legal or moral rights to comment on how that work is used.

      The only people that can comment on the work are the weasels in suits at the labels. Whether you agree with it or not, that's the law, and I suggest that it's also what's right, because artists are persuaded to sign away all rights not by being beaten with a stick, but by being shown a huge carrot.

      You can argue that artists don't have a choice, that the only way to get wide distribution is to sign in blood to a label. Bullshit. If you want wide distribution, put your music on gnutella. Signing with a label is about greed, it's about gambling that you'll be in the 1% that actually makes money, and makes it big. Oh, delicious irony, that 99% of artists are wrong, and get screwed. Dumb, greedy fucks.

      I was one of the few people that actually agreed with the substance of what Metallica were saying. But the trouble was that they should have stuck to just talking about themselves, rather than appearing on a platform with repulsive label weasels, and dribbling on about other artists' rights (most of whom have none). If they were being honest, they should have said "Screw everyone else. Just don't pirate our stuff, because we've been good to you in the past, you selfish fuckers." But they didn't, they toed the corporate line and tried to imply that the respect that they'd earned also applied to the hordes of talentless meat puppets that infest the airwaves and MTV-a-like channels. Bzzt, wrong, both legally and morally.

      --
      If you were blocking sigs, you wouldn't have to read this.
    6. Re:Debate reveals artists' true colors by Moofie · · Score: 2

      Replace "huge carrot" with "huge fraudulent carrot", and realize that artists are routinely conned by their label reps, and tricked into selling themselves and their work into indentured servitude, and then you're on track.

      The record companies have zero moral authority, because they exist only by fraud and deceit. I'll steal as much as I can from them. The artists, unfortunately, are the dupes. Hopefully, they'll learn.

      --
      Why yes, I AM a rocket scientist!
    7. Re:Debate reveals artists' true colors by Pig+Hogger · · Score: 2
      Unfortunately, us westerners are uncomfortable in beliving that anybody but the uber-best deserves any fair treatment at all
      Excuuuuuse me, but as a westerner I am profoundly offended by that comment. Perhaps anglo-saxons feel that only the best deserve to be treated fairly, but this is NOT the case of other westerners whose whole societies revolve around the notion that *** EVERYONE *** should be treated fairly.
  5. Compassion for the artists? by LeiraHoward · · Score: 4, Insightful
    I find it interesting that the artists are that badly mistreated (as far as low royalties, etc.) And this artist does have a point. I know I myself have bought CD's from artists that I had never heard of until a friend sent me an .mp3 of their song. I liked it so much, I wanted more, and went out and paid for it.

    I think that the RIAA is just frightened that they are losing control. If they were really worried about the artists, they would be paying them more, and not resorting to some of the more unethical practices that have become standard in the music industry.

    If they really wanted to help the consumer, they could lower CD prices everywhere, so that more people could purchase more songs.

    If they really wanted to help the artist, they would funnel more money to the artist, rather than their own pockets.

    The truth is, though, that they only want to help themselves, and as such, there isn't much we can do about it. We can let our voices be heard, and hope that one day, CD copying will be just as legal as taping something off the radio or television.

    1. Re:Compassion for the artists? by Andrewkov · · Score: 2

      I thought it was illegal to tape songs off the radio, can anyone confirm or deny this?

  6. Great Article... by 2g3-598hX · · Score: 4, Insightful

    And David Bowie had some pretty good stuff to say, too.

    Just a thought, but it would be great if more stars of the 60s spoke out against the record companies on this one. Those decrepit baby boomers owe it to us later generations...

    Lobby your favorite aging rocker. I bet their back catalogues make up a sizeable portion of record company revenue, and the've already made a fortune so they have less to risk by speaking out. And once we get Ozzy Osbourne et al on the case...

    1. Re:Great Article... by Chris+Johnson · · Score: 2
      Heh. Yeah, like Janis Ian made a fortune. Another example: Roger McGuinn (The Byrds, 'Eight Miles High', 'Mr. Tambourine Man') never got paid anything either.

      You are right that his back catalogue makes up a sizeable portion of record company revenue.

      The trouble is... take another example, John Fogerty with the Creedence back catalog. He got a hosing that was unusually bad even for the record industry. The tune 'Vanz Kant Danz' was originally 'Zanz Kant Danz' (but he steal yo money..), about Zaentz (sp?) the head of Fantasy records. You'd think he'd be raring to fight the music industry... but his experiences hurt him SO bad that he eventually had to let it go, give up and stop caring about it. He probably lost years off his life because of the rage and betrayal and the emotional toll of it all. It is just too high a price to pay, and he should be left alone if he doesn't want to fight.

      How many of the favorite aging rockers have been hosed that badly and ended up just giving up and writing it off? You really can't fight forever. Eventually people have to turn the fight over to others, and rest, or they just plain burn out and die. I'm just glad some of their stories are on record...

  7. Very interesting article by pubjames · · Score: 2

    I think the point is, Napster-type services are not destroying the music industry. That's what the big multi-national record labels want you to believe. Rather, it is destroying a specific part of the music industry -- their part of it.

    For the vast majority of musicians and performers (the vast majority not being Madonna or Britney...) the Web is a very positive thing - a way for them to promote themselves and distribute their music at very low cost.

    One of the ways the big multinational record labels have defended the price of CDs in the past has been by saying that selecting and promoting an artist or band is very expensive. Not any more it's not - bands can promote themselves, and we the collective Joe Public can do the selecting, thank you very much.

    1. Re:Very interesting article by rhadamanthus · · Score: 5, Informative
      So very true. I wrote a letter to several congress-types, in which I wrote:

      "Furthermore, the advent of Napster in 1999 was followed by an overall increase in record sales by the RIAA for the next two years! The RIAA sold 10.8 percent more CDs that year even after increasing the price on those discs by over 12.3 percent. In 2000 this trend continued with another increase in CD price (from $13.65 to $14.02 on average) and an increase in sales again by over 3,600,000 CDs. It is worth noting also that in the last nine years the RIAA has tripled their annual income during a supposed economic downturn. For the years 1999 and 2000 the total profit made by the RIAA went from 14,584,500,000 dollars to 14,323,000,000 dollars. However, they lost 579,500,000 dollars on vinyls, cassettes and music videos, areas that Napster cannot possibly have an effect upon! In the formats Napster can trade, the RIAA made 318,500,000 more dollars than before!"

      These numbers don't lie....

      The fact is that Napster's popularity appears to have spurred CD sales to new levels. This makes sense, if you think about it: The large majority of people are not on fast broadband connections to the Internet. On a 56K modem, downloading an MP3 can take some time, certainly enough to make downloading an entire album seem like a lot of effort. Then, more time is required to get the songs onto the CD. Common sense says that if people using Napster liked a song enough on MP3, they would probably go out and buy the album, just as if they heard it on the radio. Napster gave people the chance to experience music they otherwise might have been loathe to pay money for, only to find out that the music wasn't something they particularly enjoyed. Need more proof? In 2000, CD sales were up 8 percent, even with Napster usage at an almost all-time high. At the same time in 2001, CD sales were down 8 percent, but the RIAA's lawsuit had all but halted Napster usage. See the correlation?

      ---rhad

      --
      Slashdot needs to interview Natalie Portman.
    2. Re:Very interesting article by SirSlud · · Score: 2

      > is very expensive.

      Yup, thats their own fault, really. They are responsible for clogging the communicative channels betwixt the labels and the consumers, and they have nobody to blame for the 'barrier to market' than themselves. Its like they're shouting at the top of their lungs, and then turning around and complaining that they have to be loud to sell an artist.

      Screw em. I know constraint isn't in the playbook of multinationals, but they should eat their own deserts if they cant control themselves.

      --
      "Old man yells at systemd"
    3. Re:Very interesting article by darkonc · · Score: 2
      The RIAA sold 10.8 percent more CDs that year even after increasing the price on those discs by over 12.3 percent.

      Do you know where I can get some of those sales stats? I pointed them out to Jan in a feedback on her site, and she responded with a query as to where I could substantiate those claims. (I originally saw them on a slashdot response many moons ago). A proper pointer to a source of those stats would be very useful.

      samuel(at)bcgreen.com

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  8. I fear by rhadamanthus · · Score: 5, Insightful
    That nothing will change though. There is simply TOO much money at stake here--but its the same old problem with the RIAA and friends...

    Basically, corporations such as Disney and industry groups such as the MPAA and RIAA (Recording Industry Association of America) cannot seem to fathom the existence of a customer who is both honest enough to not steal, yet smart enough to not let him/herself be ripped off.

    The opposing view: A study compiled by the Yankelovich Partners surveyed 16,000 Americans between the ages of 13 and 39 who say they listen to more than 10 hours of music a week and have spent at least $25 on music in the past six months. Among the findings: 59 percent of those who said they heard a certain piece of music for the first time while online ended up purchasing that music as a CD.

    What is truly patheitc is how they rant and rave about how they want to "protect the artist", all the while doing just the opposite--and GETTING AWAY WITH IT. What the RIAA does not want you or I to realize is that they most certainly do NOT represent the artists contracted to their labels. They represent nothing more than a coalition of companies milking copyright to its fullest extent.

    Copyright is no longer a good thing. It is sad that such a good "idea" has become such a misused and abused facet of corporate ideology and overwhelming greed.

    ----rhad

    --
    Slashdot needs to interview Natalie Portman.
    1. Re:I fear by HiThere · · Score: 4, Interesting

      They're too late for that goal. It's been years since I've encountered anyone who believed that the music industry benefited musicians (as a class, rather than as a particular selected individual). And I don't think I've ever met anyone who believed that it was run for the benefit of the consumers.

      But it sounds like a good answer to a reporter, and won't usually be openly scoffed at. If for no other reason, then because the publisher doesn't want to offend a large advertiser.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:I fear by wfrp01 · · Score: 4, Interesting

      Basically, corporations such as Disney and industry groups such as the MPAA and RIAA (Recording Industry Association of America) cannot seem to fathom the existence of a customer...

      I would put the period right there. Too many corporations cannot fathom the existence of a customer.

      I was watching some talking head on one of the tv money shows the other night. They were discussing, what else, corporate mismanagement. This guy was some kind of hot-shot investor, and he was all hot and bothered because company executives had forgotten their one true purpose: to serve the shareholders!.

      WTF?!

      The ignorance is so rampant, no frickin' wonder we're witnessing such a show of corporate suicide. What about the goddamn customer?! What about developing, manufacturing, marketing, distributing, and supporting a product that customers want to buy!?

      The tail is wagging the dog. Customer satisfaction has taken a back seat to corporate profitability and shareholder value. Selfishness is regularly promoted as the root of all that is good and holy. It should be the other way around. Hence the expression "the customer is always right." - it used to be a maxim of good business practice. When is the last time you heard anything resembling that expression on "Money News with Pinstripe Boy"?

      Look no further than that epitomy of self-serving capitalism - Microsoft - to see just how far awry this philosophy has taken us. If they can't compel people to buy their products because they want to, then damn it, let's force them to upgrade by continually changing file formats and protocols. Oh, and let's not forget lobbying Congress to create new laws declaring certain undesireable competitors criminals.

      --

      --Lawrence Lessig for Congress!
    3. Re:I fear by TWR · · Score: 5, Informative
      Um, the investor you heard was correct: the shareholders of a corporation are its owners. The people running the corporation have a primary responsibility to the owners (shareholders) to run the company such that the owners get a return on their money (through dividends, which are not all that common any more) or to increase the value of what the owners, well, own.

      If a corporation is too abstract of a concept, let's do a thought experiment. Pretend you have a child who wants to start a lawn-mowing business. The child needs money to buy a lawn mower, print up fliers, pay for gas, etc. You agree to give your kid the money in exchange for, say, 25% of the profits. In effect, you have just bought 25% of your kid's company.

      Who is the kid responsible to? If you have a consciencious child, you hope that he wants to pay back your faith in him by making money. After all, that was the deal. The primary responsibilty, as you can see, is to the person who made this little company possible in the first place.

      If screwing customers is a good plan for a company to make money and increase its value, you can hardly fault the company beacuse the customers put up with being screwed. Long-term, companies survive because the put out a product that people want. Generating ill will doesn't work long term. Unfortunately, the Enron/Worldcom/Adelphia/whoever's next bastards don't care about the long term, don't care about their customers, and don't care about their shareholders. If they did care about the shareholders, they wouldn't have been lying to them. The system needs fixes because it's too easy for lying weasels to get away with hiding things from shareholders. After that, everything else will fall into place, including customer satisfaction.

      Heck, if you don't like how record companies are currently working, start buying record company shares. Don't like how MS works? Buy MS shares. Set up a fund. Every time you want to buy a CD or DVD or piece of software, use that money to buy stock instead. Let lots of people pool their money, get a large voting bloc of stock. Then change the policies. That's how the system works.

      -jon

      --

      Remember Amalek.

    4. Re:I fear by wfrp01 · · Score: 2

      In a certain sense you are right - the people who own stock in a company are its "owners". But they are certainly not owners in the sense conveyed by your lawnmower example. By in large, people own stock in companies because they believe they will get a return on their investment. They're in it for the money, pure and simple. Hell, most people investing probably don't even know where their money really is - it's just thrown into a mutual fund or some such thing. They are certainly not taking an active interest in the operation of the company.

      Alas, however, I fear you are right. You are describing the way most people expect the sytem does and should work. I just beg to differ. I think it should be otherwise.

      Really, though, we both want the same thing - companies that provide value to their shareholders and value to their customers. I just happen to think the customer should come first. When customers come first, the rest will follow quite naturally. When shareholders come first, sometimes the customers don't even count anymore.

      --

      --Lawrence Lessig for Congress!
    5. Re:I fear by Aceticon · · Score: 3, Informative

      Heck, if you don't like how record companies are currently working, start buying record company shares. Don't like how MS works? Buy MS shares. Set up a fund. Every time you want to buy a CD or DVD or piece of software, use that money to buy stock instead. Let lots of people pool their money, get a large voting bloc of stock. Then change the policies. That's how the system works.

      Assume that a person buys in average 1 CD per day. For that person to aquire 1% of Microsoft shares (at 31 March 2002 - my source - market capitalization = $286.6B) would mean saving their CD money (assume $15 per CD) for a period longer than 523112 years.

      The other possibility is for 10000 persons (that's a small stadium full of people) to save their CD money for 52.3 years and then get together and use their 1% of the company to try and change things (assuming they all agreed on the direction to take).

      The whole idea that the Average Joe Shareholder has any influence whatsoever in managing corporate Americe is pure hot air (and the smelly type, at that)

    6. Re:I fear by Moofie · · Score: 2

      "get a large voting bloc of stock." Oh! OK! I just happen to have a couple hundred mil sitting here in my checking account that I'm not using. I'll just pop on down to the broker's and buy a bunch of stock in a company I believe is evil, thereby reinforcing their evil behavior, and I'll ask them ever so nicely to please stop being evil. They'll say "But, you poor wretch, if we stop being evil, YOU will lose MONEY!" and all the other stock holders will rip out my throat and use my organs in their diabolical experiments.

      Great plan. I'll get right on it. Never mind those social commentaries or regulatory options...the REAL answer to corporate greed is BUY MORE STOCK!

      --
      Why yes, I AM a rocket scientist!
    7. Re:I fear by JoeWalsh · · Score: 2

      If screwing customers is a good plan for a company to make money and increase its value, you can hardly fault the company beacuse the customers put up with being screwed.

      Does anyone else see this philosophy of "get away with as much as you can" as one of the primary problems of our time? Or is it just me that sees this as the source of our Enrons, Worldcoms, and Arthur Andersons, as well as our self-serving politicians, our sue-first-ask-questions-later culture, the general decline in product quality, and the overall malaise among the worldwide population?

      Or is it just me?

    8. Re:I fear by Moofie · · Score: 2

      Then they shouldn't be surprised when their customers say "Ummm...gofuckyourself." THEN how are they going to pay for their shiny new Benzes? Corporations do not have a right to exist. They do not have a right to continue using unworkable business models. I happen to believe that they don't have any rights at all, but unfortunately due to the greatest legal cock-up in history, they have the same rights as I do. Since they have infinitely more money, that makes them quite a bit more equal than any of us.

      Today's corporate system has nothing to do with free-market capitalism. It's an oligopoly, plain and simple.

      --
      Why yes, I AM a rocket scientist!
    9. Re:I fear by TWR · · Score: 2
      Your numbers are WAY too small. 10,000 people in a stock fund? Please. CALPERS (retirement fund for California state workers) has 1.3 million people, according to their numbers. It has $108 Billion in investments.

      Do you think the highly-paid geeks of America and the world can scrape together more money than the paper pushers for California? I bet the answer is yes.

      As long as people like you are going to sit on the sidelines, pissing and moaning about how little they can do, nothing is going to happen. Welcome to self-fufilling prophesy land...

      -jon

      --

      Remember Amalek.

    10. Re:I fear by TWR · · Score: 2
      The problem has not been that shareholders came first. The problem was that the MANAGEMENT came first. Sure, management owned shares, but if Ken Lay was a majority owner of Enron, you could be damn sure that he wouldn't have pulled the tricks he did. He owned just enough to get rich through tricks, and then when the house of cards was about collapse, he cashed in and ran.

      What happened in the various corporate failures is that the farmer put the fox in charge of the henhouse, and didn't complain as long as there were lots of eggs. When the eggs stopped coming, the farmer realized the fox had eaten the chickens, and had been supplying eggs to the farmer by promising chickens to another farmer down the road. Whose fault is it that the chickens are gone? I think it's the farmer. He should have either realized that he put a fox in charge, or he should have been checking up.

      -jon

      --

      Remember Amalek.

    11. Re:I fear by 5KVGhost · · Score: 4, Insightful
      I was watching some talking head on one of the tv money shows the other night. They were discussing, what else, corporate mismanagement. This guy was some kind of hot-shot investor, and he was all hot and bothered because company executives had forgotten their one true purpose: to serve the shareholders!.

      WTF?!
      Both of you are correct, actually, but I think you're a little bit more correct.

      Shareholders have to get some return on their investment or they won't stay shareholders or attract new ones. And there's nothing wrong with that.

      Of course, the proper way to give them a return on their investment is please the customers who buy their products, thereby keeping the company healthy, and ultimately delivering some profits that can be distributed back to the investors (and/or re-invested to fund the continued operation of the company.) So, yeah, make money for the shareholders by having lots of happy, paying customers.

      But pleasing consumers and making competitive products can be hard work. So some CEOs, for their own immediate benefit and to satisfy impatient shareholders, have taken advantage of all sorts of short-cuts to make profits appear without the hard work of actually offering decent products or services. It might be massive "cost cutting" that fires the most competent employees or sells off strong but unglamourous assets, accounting tricks to hide poor sales and bad investments, or lots of other things. All of these get rich quick schemes tend to maximize short-term financial gain at the expense of the long-term health of the company. So it's not really matter of selfishness vs. pleasing the customer. It's more a matter of enlightened self-interest vs. immediate gain with no interest in the ultimate consequences.

      Something I think is just as bad is the current demand for constant growth. It forces otherwise sane companies to overextend themselves with pointless acquisitions and other silly corporate strategies simply for the sake of keeping irrational market advisors happy. Corporate growth, like growth in living things, must be directed, purposeful, and carefully controlled or it weakens the body rather than strengthening it.

      (I think obligatory MS-bashing there at the end is a bit off base, BTW. MS can do whatever it wants with its products, and they're really no worse than many other companies as far as rampant upgrades are concerned. MS has supported some bad legislation in the past, but they're boy scouts compared to really nasty companies like Monsanto, which can do way more real-world damage than any computer company ever dreamed of.)
    12. Re:I fear by wfrp01 · · Score: 2

      The problem has not been that shareholders came first. The problem was that the MANAGEMENT came first. Sure, management owned shares, but if Ken Lay was a majority owner of Enron, you could be damn sure that he wouldn't have pulled the tricks he did.

      Why?

      --

      --Lawrence Lessig for Congress!
    13. Re:I fear by TWR · · Score: 2
      Because he would have had more to lose. Lay was, by and large, being paid in OPTIONS to buy shares. Since his options were priced low, if he could temporarily drive up the price of the stock, he could flip his options and make millions. Of course, this is exactly what he did (along with most of the people who made money on worthless businesses in the 90s). The way options work as a tax write-off gives further incentive to use them to compensate employees, and they look like they are increasing shareholder value, so shareholders tend to go along with large option grants.

      If Ken Lay had OWNED the stock outright, then the long-term survival of Enron would have been more important to him, as hiding debt in fake overseas corporations is not a long-term strategy. He would just have been screwing himself. Attempting to sell off a large chunk of stock (which must be registered with the SEC) has the effect of lowering the stock's price, and it tends to tip people off that something's up. Excercising options waves a lot fewer red flags.

      I guess you could argue that Ken Lay is an amoral weasel who would have been corrupt no matter what. Perhaps. But let's recognize what incentives he had to be an amoral weasel first.

      -jon

      --

      Remember Amalek.

    14. Re:I fear by nomad_monad · · Score: 2, Insightful

      >As long as people like you are going to sit on
      >the sidelines, pissing and moaning about how
      >little they can do, nothing is going to happen.
      >Welcome to self-fufilling prophesy land...

      That's an unfair characterization of Aceticon argument. I think it was meant to illustrate the problematic nature of your suggestion when taken out of the realm of pure theory and into the field of pragmatic action. To interpret this specific criticism of an equally specific solution as a general proclivity towards "sitting on the sidelines, pissing and moaning" is an accidental lapse in understanding at best, a strawman at worst. Granted, if you don't like the current state of things, it's better to seek out avenues of change that exist within the current socio-economic structure, which is what your money pooling to voting bloc idea embodies. However, the criticism leveled against it also demonstrates that sometimes, that very same criticism reveals the inadequacies of current mechanisms of power and representation, and the need to think of changing or adding to those mechanisms in the search for a viable solution. In other words, the answer is not always found by working with the rules of the game as they exist today, but by changing those rules (or by changing the game itself). Unconstructive negativity has no use when pursuing goals of social progressivism, but that doesn't mean criticisms of proposed emancipatory solutions represent mere naysaying. It has to be a rigorous process.

    15. Re:I fear by TWR · · Score: 2
      It might be unfair, but it's more or less accurate. It's not like presented another way to solve the problem of corrupt corporate management.

      And while "changing the rules" always sounds nice, it's also a dangerous game. Communist systems always fail because they expect human nature to change eventually, and in the meantime, we'll keep a gun pointed at your head to force you to change.

      For all the awful things about the capitalist system, it is designed to model how humans actually act, which makes it a heck of a lot more likely to succeed than systems that rely on human nature to be different or that rely on a central body of "experts" to dictacte how things should be.

      Current regulations in the US are more or less limited to disclosure: make sure that people are honestly reporting the state of the company. Dot-bomb failures were due to people pouring money into companies stupidly. There's not much that can be done about this. Enron et al are due to lying bastards who fudged the books. This needs to be fixed. The ways that they cheated need to be made impossible to replicate.

      As for changing corporate policies, vote as a consumer; let these companies know that if they support building DRM into everything, you won't buy their products. Buy up their stock and get your guys on the board of directors. There are ways to do this, all within the system.

      Let your elected officials know that if they pass laws requiring DRM in everything with a D/A converter, you're going to campaign to get them out of office. If it REALLY matters to you, you can do something about it within the system. Fritz Hollings will be up for re-election sooner or later; get him voted out of office. Form GeekPAC (which is something a lawyer friend of mine advised a year ago). Just do something, if it really matters to you.

      -jon

      --

      Remember Amalek.

    16. Re:I fear by Aceticon · · Score: 2

      Your numbers are WAY too small. 10,000 people in a stock fund? Please. CALPERS (retirement fund for California state workers) has 1.3 million people, according to their numbers. It has $108 Billion in investments.

      The fund is the result of people associating with the objective of making money (amazing - just like any other company). There is no other common objective - this is not an association of people with an aim to change anything in any corporation in America.

      In practice the example you pointed is just another layer - a company with the aim of profit that manages participations in other companies with the aim of making money.

      How can such a mechanism be used by Joe Average With Money In Fund to change Corporate Amercia????

    17. Re:I fear by humphrm · · Score: 2

      You're looking at it from the wrong direction. I'm not saying it's right or wrong; in fact, I'm fairly agnostic about the whole concept of corporate right vs. wrong. But, in a capitalist society, the shareholder is the top of the food chain. Consumers, and fulfilling consumer demand, is not the first and foremost requirement of captialism. Capitalism is all about raising, well, capital. To do that, you need shareholders. Without shareholders, you have no product to sell, and consumers lose. Again, right or wrong, that's the way it is.

      Not that consumers don't count into the picture. Capital-providers require return on investment. Consumers provide the return on investment. Don't even get me started on Elasticity of Demand, but suffice to say that there are some macro market-driven limiters that control the balance of consumer vs. company. Still, the point is, if we as consumers don't like what is being sold to us, we stop buying and shareholders stop getting (as big) dividend checks, or share value growth. Shareholders will then leave the market (or on a micro level, the company they have invested in) and put their money where it earns more. Consumers have probably already started buying that new company's product, or will very soon, and shareholders continue to receive value increases or dividends.

      How does all this apply to the RIAA? Forget about encouraging artists to not sign with RIAA labels; they are on the supply side and ne're shall demand and supply cross-contaminate each other. Concentrate on the demand side. Don't buy albums from RIAA-affiliated labels. If there aren't any, start one. If you don't have the money, get some. If you can't, well... sorry! (Hey, that's capitalism.) Maybe someone else with your passion and a few more bucks will.

      --
      -- "In order to have power, I must be taken seriously." -Mojo Jojo
    18. Re:I fear by TWR · · Score: 2
      I just told you how; can't you read? There are mutual funds that only invest in companies with certain economic policies, that make certain products, that have certain political agendas. It's not much of a stretch for the fund to take a vote among its owners as to how it would like the fund to vote during shareholder voting periods. It could even propose items for vote, if it held enough stock.

      Really, learn a bit more about how economics works.

      -jon

      --

      Remember Amalek.

    19. Re:I fear by nomad_monad · · Score: 2, Insightful

      It might be unfair, but it's more or less accurate. It's not like presented another way to solve the problem of corrupt corporate management.
      True enough, an alternative solution wasn't presented... at least not yet. But my point was that a lack of an immediately proposed alternative doesn't necessarily imply that the person noting an objection is simply a naysayer. Rather, such conclusions should be reserved until the end of the discussion, not the beginning. Maybe I'm being a little pedantic, and in any other context I'd agree with that, but when discussing proposals for social change.... best to be thorough.

      And while "changing the rules" always sounds nice, it's also a dangerous game. Communist systems always fail because they expect human nature to change eventually, and in the meantime, we'll keep a gun pointed at your head to force you to change.
      Where did I ever mention communism? Actually, this is demonstrative of the current problematic when critiquing the current state of capitalism -- criticisms have a tendency to be mischaracterized as favoring communism (or socialism) as an alternative simply because of argumentative inertia (i.e. this was how the debate was framed for 100+ years, so it's easier to think of it like that). That's another kind of thinking we need to get away from. There are many variants of capitalist systems, as any debate between laissez-faire and regulatory economists will reveal -- to level a critique against its current incarnation is not always suggestive of a desire to do without the idea completely. This is the case with me.

      For all the awful things about the capitalist system, it is designed to model how humans actually act, which makes it a heck of a lot more likely to succeed than systems that rely on human nature to be different or that rely on a central body of "experts" to dictacte how things should be.
      Agreed. Never said otherwise. Although the latter half of your statement seems to be reflective of our current reality in the U.S., lack of communism notwithstanding.

      As for changing corporate policies, vote as a consumer; let these companies know that if they support building DRM into everything, you won't buy their products. Buy up their stock and get your guys on the board of directors. There are ways to do this, all within the system.
      This is why I used qualifiers such as "sometimes" and "possible" and "perhaps" in my last post. Sometimes change can be effectuated using the mechanisms that already exist. Sometimes new approaches need to be created. Oftentimes, a combination is the most successful. Boycots can be effective (as can selective investments, such as Green Funds), but it's harder selectively target a company that doesn't depend on end-consumer products for profits, but rather profits by selling materials to other companies... like Enron and Andersen Consulting..

      Let your elected officials know that if they pass laws requiring DRM in everything with a D/A converter, you're going to campaign to get them out of office. If it REALLY matters to you, you can do something about it within the system.
      Or you can do something to add *to* the system, or something to remove something *from* the system, or pursue activities *outside* the system. What's dangerous is drawing a false dichotomy between acting through what may be inadequate means, and not acting at all, because not only does it tend to constrict creative thinking/approaches, it's underlying assumption -- that the system works AS IS -- only reinforces the status quo.

      Think of this all as a qualifier to your argument, and not necessarily an objection to it.

    20. Re:I fear by TWR · · Score: 2
      Ah. I think we basically agree. Whenever I hear people talking about "changing the system", I start thinking of bomb-throwing revolutionaries and their intellectual backers on college campuses. Invariably, the "people's revolution" involves the idjits with bombs partnering with the idjits in college to tell everyone else what to do, say, and think, while they get to live in luxury off the forced labor of everyone else. Too many people on /. still subscribe to this belief system, because they think they're going to be the intellectual overlords rather than the dog-boys pulling El Presidente's chariot. Glad to hear that's not what you're talking about.

      Perhaps a better phrase would be "fixing the system," because there sure are problems with the current one, but all in all it beats all the other systems that have been proposed.

      -jon

      --

      Remember Amalek.

    21. Re:I fear by wfrp01 · · Score: 2

      For all the awful things about the capitalist system, it is designed to model how humans actually act, which makes it a heck of a lot more likely to succeed than systems that rely on human nature to be different or that rely on a central body of "experts" to dictacte how things should be.

      Huh? Who said that a "body of experts" should dictate how things should be?

      No one is arguing against capitalism here. I was merely proposing that that what /used/ to be the capitalist status quo - corporate behaviour resulting from consumers voting with their pocketbooks - was, and is, a better system than corporate directors gaming the system in whatever fashions best suits shareholders.

      Can you give some examples of how shareholders acting in their own selfish interest have benefitted consumers in a fashion that retail economics could not have accomplished?

      Certainly any number of industries, particularly high-tech, benefit from by using venture capital to do R&D. You can't finance R&D with as-of-yet non-existant product revenue. And because such enterprises are inherently risky ventures, the risks should correlate with corresponding rewards.

      There are different types of shareholders. Some certaily deserve a particularly high level of attention. But the bread and butter of Wall Street is the institutional investor. They are attempting to provide return on the dollar. Period. They have no interest in corporate policy, corporate oversight, or in many cases even corporate profitibility. All they care about is whether or not they can sell their stock for more than they bought it. These are the bread and butter "shareholders" I'm talking about. And they are definitively not the backbone of healthy capitalism.

      --

      --Lawrence Lessig for Congress!
    22. Re:I fear by Moofie · · Score: 2

      Each individual decision maker does have a responsibility to Do The Right Thing. Corporations may SEEM like seamless wholes, but there are always individual humans calling the shots. Those people still have ethical and moral (and legal!) responsibilities beyond chasing money.

      They just never remember that fact.

      --
      Why yes, I AM a rocket scientist!
    23. Re:I fear by Aceticon · · Score: 2

      There are mutual funds that only invest in companies with certain economic policies, that make certain products, that have certain political agendas.

      I am well aware of that. There are even some fund managers that will aquire strong positions in badly managed companies and actively turn that company around (usually they start by firing the top management). Unfortunatly they are a minority.

      I seem to have been unable to clearly show my position. Let's try again:

      a) To influence a company as a shareholder one needs to aquire or control a significant portion of it's shares with voting rights. Let's say 10% (it will vary from case to case).

      b) To aquire the shares you need a lot of money. In the case of Microsoft, 10% of it will cost around $26B. This is not even considering the fact that the price of the shares in the open market will go up when such a big quantity of them is aquired and that to convince certain owners to sell you their shares you will have to pay significantly more than their current value in the open market.

      c) Alternatively you can take control of a significant portion of it's shares with voting rights by getting together several persons each with a comparatively small ammount of shares. So for example, to take control of 10% of Microsoft you either gather a small number of really rich persons or a really big number of Joe/Joanna Average persons.

      Let's go back to your inicial example - " Every time you want to buy a CD or DVD or piece of software, use that money to buy stock instead"

      - That would definitely not match the criteria for b) (be really rich) - unless it's someone that buys 10000 CDs a day.
      - So - to option c) (get a lot of people together).
      Lets start with a small group of people (say 100) with a lot of money. The problem here is getting everybody to agree. The more people there are, the less likelly they are to all agree. Also, the more specificaly defined your objective is the more likelly it is that some people will not agree with it (for example, while most people agree that Global Warming is bad, most disagree on how to solve the problem, or even on if there is a problem). This is why those "funds with a cause" have a very broad objective ("save the earth", "cleanup badly managed companies", "help party X", and the favorite of all times "make more money").

      If we grow the size of the group not only is it less likelly to find enough people that agree on the common objective (and willing to put their money in for it), but also we start to get into information problems - that is: the people that put the money in have less and less (real, precise and certifiable) information on how it is spent.

      In practice, a big enough gathering of people with a common objective has the same problems as a company:
      - Broadly stated objectives so that a big enough number of persons is willing to put their money in to achieve said objectives (for companies the objective is "make more money").
      - Lack of precise, authentic and easy to compreend information on how the money is being managed to achieve said objectives (Enron, WorldCom, a lot of actively managed funds that had lower returns than funds that simply tracked the market indexes, ...).

      This is why i believe that the theory of "The power of the small shareholder" is utter bolocs.

  9. Famous? by yatest5 · · Score: 3, Funny

    This must be a new meaning of famous I've never come across before. Come on /., sort it out.

    --
    • Mod parent up! [a] by Anonymous Coward (Score:5) Thurs, June 31, @13:37
  10. For those who don't know ... by pyramid+termite · · Score: 5, Informative

    ... Janis Ian had her first hit in 1967 with a controversial song about interracial dating, "Society's Child". She was a young teenager at the time.

    She released several albums on the Verve label in the 60s and gradually sank into obscurity. After signing with Columbia, she made a comeback during the mid-70s with the hit "At Seventeen". Again, she wasn't able to follow it up with another similar hit and sales gradually dwindled until she was dropped. Due to mismanagement and bad accounting she ended up with tax problems and eventually went broke.

    She's managed to keep herself going in the music biz in the last few years, although I have no idea what kind of music she's doing now.

    1. Re:For those who don't know ... by robkill · · Score: 5, Informative
      Her latest album is "God and the FBI." She spent close to 10 years using the FOIA to see the FBI files collected on her father. It turns out her father was branded a communist. Every 3 or 4 years they'd have to move because her father lost a teaching position. It turns out that the FBI would come by, ask a few questions, and then folks would get scared and fire him.

      She's one of the regular columnists for "Performing Songwriter" magazine. She and Christine Lavin have written several good commentaries on the music industry and how the Internet has helped independent singer-songwriters. And she's a big Science Fiction fan to boot!

      --
      DMCA - Chilling free speech since 1998.
    2. Re:For those who don't know ... by PatientZero · · Score: 2

      In her article, she stated that when she puts up mp3s of a song, she sees an increase of her CD sales of all off her albums, past and present. Thus, shutting down the sharing of music costs her money, plain and simple. Read the article next time (duh) and you'll have you answers without having to chew on your foot.

      --
      Freedom to fear. Freedom from thought. Freedom to kill.
      I guess the War on Terror really is about freedom!
    3. Re:For those who don't know ... by darkonc · · Score: 2
      No "branded" is quite appropriate. It matters not whether the branding was accurate or not. He would have had no opportunity to clear his name. The effect is the same on both innocent and guilty.

      Besides -- being sympathetic to communism is not a crime. Neither is speaking about one's thoughts about communism and/or capitalism (remember the first amendment?).
      Things like advocating the violent overthrow of the government would be a crime, but only the most radical communists advocate things like that. -- of course, the same things could be said about laisez-faire capitalists, on the right wing.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  11. Some choice quotes by Olinator · · Score: 5, Interesting

    [T]he music industry had exactly the same response to the advent of reel-to-reel home tape recorders, cassettes, DATs, minidiscs, VHS, BETA, music videos ("Why buy the record when you can tape it?"), MTV, and a host of other technological advances designed to make the consumer's life easier and better. I know because I was there.

    The only reason they didn't react that way publicly to the advent of CDs was because they believed CD's were uncopyable. I was told this personally by a former head of Sony marketing, when they asked me to license Between the Lines in CD format at a reduced royalty rate. ("Because it's a brand new technology.")

    [...]

    You can't hear new music on radio these days; I live in Nashville, "Music City USA", and we have exactly one station willing to play a non-top-40 format. On a clear day, I can even tune it in. The situation's not much better in Los Angeles or New York. College stations are sometimes bolder, but their wattage is so low that most of us can't get them.

    [...]

    If the music industry had a shred of sense, they'd have addressed this problem 15 years ago, when people with websites were trying to obtain legitimate licenses for music online. Instead, the industry-wide attitude was It'll go away. That's the same attitude CBS Records had about rock 'n' roll when Mitch Miller was head of A&R. (And you wondered why they passed on The Beatles and The Rolling Stones.)

    [...]

    The industry has been complaining for years about the stranglehold the middle-man has on their dollars, yet they wish to do nothing to offend those middle-men. (BMG has a strict policy for artists buying their own CDs to sell at concerts - $11 per CD. They know very well that most of us lose money if we have to pay that much; the point is to keep the big record stores happy by ensuring sales go to them. What actually happens is no sales to us or the stores.) NARAS and RIAA are moaning about the little mom & pop stores being shoved out of business; no one worked harder to shove them out than our own industry, which greeted every new Tower or mega-music store with glee, and offered steep discounts to Target and WalMart et al for stocking CDs. The Internet has zero to do with stores closing and lowered sales.

    And for those of us with major label contracts who want some of our music available for free downloading? well, the record companies own our masters, our outtakes, even our demos, and they won't allow it. Furthermore, they own our voices for the duration of the contract, so we can't even post a live track for downloading!

    "You go, girl!"

    It's interesting to note that this is not someone who could be dismissed by an RIAA flack as a no-name musician whining because the Internet might get her recognition that she's not gotten from "The Industry" -- she's had nine Grammy nominations, and her music has been recorded by just about everybody at one time or another.

    Ole
    1. Re:Some choice quotes by Pont · · Score: 2
      If the music industry had a shred of sense, they'd have addressed this problem 15 years ago, when people with websites were trying to obtain legitimate licenses for music online. Instead, the industry-wide attitude was It'll go away.

      Um, the web is only about 10 years old.

  12. Re:A little tip... by paradesign · · Score: 2

    damn, thats like 325 Gb per year!
    i have a feeling that the numbers are being skewed here

    --
    I want 2D games back.
  13. Re:more artists against RIAA by Lord_Slepnir · · Score: 3, Funny
    And we all know how proud he is of his black heritage, don't we

    What? He's black?

  14. Re:Famous songwriter and artist? by eyegor · · Score: 4, Insightful


    That may be true. But her point about music downloads increasing sales (even for forgetable artists) is true.

    Most music out there is utter crap. I've been burned badly so many times by buying discs by highly-hyped, but untalented "artists" that I'm almost afraid to buy anything.

    Enter the Internet.

    Now I can preview music and give it a test drive. Do I find a lot of crap? Yep. And I don't buy the discs, nor do I continue to listen to it.

    BUT... I do find a fair amount of good stuff and do you know what? I actually BUY the disks. Really!!

    I have 20 - 30 CDs full of MP3s that I've downloaded from the 'net and about 1200 CDs that I've purchased from the store (approx 250 since I've been "stealing" music from the Internet).

    Are there people who just download the music and never buy a disc (effectivly stealing the music)?

    Yes..

    They need to pay for the music they listen to in order to reward the artist for producing it. Otherwise, why should the artists continue even trying?

    Things need to change. The record companies need to lighten up and people who download and listen to the music need to get some ethics and pay for what they use.

    My 2 cents.

    --

    Don't anthropomorphize computers, they don't like it.
  15. Re:A little tip... by Alsee · · Score: 2

    [CD's] do you throw them away?

    I always thought they would make really cool wall paper if I had enough junk CD's to throw at the task. I would like to thank MSN, Compuserve, and most of all AOL, for helping me build my collection.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  16. Several reasons by jhines · · Score: 2

    The first batch of rewritables I got could only be read on some computers and not others.

    CD-R is a more universal platform.

    And the media is cheap and un-reliable enough, why not one time use it?

    For perhaps daily backups in business RW media is ok, but for any kind of archival sitation, read only is actually prefered.

    The media is cheaper as well.

  17. great article, one small flaw... by sootman · · Score: 2
    As an alternative to encrypting everything, and tying up money for years (potentially decades) fighting consumer suits demanding their first amendment rights be protected (which have always gone to the consumer, as witness the availability of blank and unencrypted VHS tapes and casettes)...

    One word: Macrovision.

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  18. An interesting article about record companies by gowen · · Score: 2, Interesting

    and their competency with money, written by a minor popstar, appeared in The Guardian this weekend.

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  19. Maybe the distribution of cd sales is the problem by bmf033069 · · Score: 2, Insightful

    The article is very good and brings up a point that I have been seeing in my latest cd purchases. I haven't bought a top40 cd in a long time, but now that there is greater access to music online, I'm buying many cd's from bands I have never heard of previously.

    The number of cd's that I have bought has gone up, but they aren't any of the one's that are being promoted by these companies. I really wonder if these count in the sales numbers or not...

  20. Since this was well thought out, researched and .. by burgburgburg · · Score: 2

    written, it will be promptly vilified by the RIAA and NARAS (and the MPAA because they always like to attack anyone/anything that might peripherally affect them), but mainstream media will ignore it because it isn't as sexy a story as "pirates on the Internet" (Arghh, matey). Oh well, I shouldn't let facts get in the way. The industry doesn't.

  21. How could you miss this one? by drew_kime · · Score: 4, Funny

    We'll turn into Microsoft if we're not careful

    Wow. Anti-RIAA and anti-Microsoft in eight words. The girl can write.

    --
    Nope, no sig
  22. Re:more artists against RIAA by JimPooley · · Score: 2

    I remember when he was. That was a long time ago, mind.

    --

    "Information wants to be paid"
  23. RIAA are the real pirates. by uncoveror · · Score: 2

    Many artists understand now that the RIAA are the real pirates. "I made you a star. YOU owe ME!" has been repeated like a mantra by recording company leeches. Fans, not the leeches, make artists stars. Boycott the recording industry. Don't buy CDs.

    --
    The Uncoveror: It's the real news.
  24. Re:Famous songwriter and artist? by MORTAR_COMBAT! · · Score: 2, Informative

    case in point:

    went to see movie "Rock Star". heard song "Colorful" by "The Verve Pipe". went home, powered up my favorite P2P App. downloaded "Colorful". listened to it, liked it. went to OLGA and downloaded the tab and learned it. liked it. went back to said P2P App and downloaded a few more "The Verve Pipe" songs. liked them. went to "Barnes and Nobles" and bought "Underneath", latest "The Verve Pipe" album. listened to it a couple times. liked it. went to "The Verve Pipe" web page and checked out their tour schedule, made plans.

    have I ever heard "Colorful" on the radio? no. will I ever? probably not. did being able to get "Colorful" for free keep me from buying the CD? far from it, being able to get the song for free is the SOLE reason I eventually bought the CD. and I had a CD burner and all the MP3s for the album already.

    --
    MORTAR COMBAT!
  25. I suggest a letter writing campaign... by Dark+Nexus · · Score: 4, Interesting

    No, not to the RIAA.

    No, not to Congress/Parliment/whatever your country has either.

    That's been done, and frankly, won't do any better now than it did then.

    Boycotts won't work well either. They'll just blame it on piracy anyway.

    No, I suggest letter writing to the ARTISTS.

    If you decided to buy a CD or go to a live show by [insert artist here] after sampling some of their music, but wouldn't have before, let them know! Most bands have websites, with ways to send email to them. Send one letting them know that they got MORE of your money thanks to your being exposed to them through free downloads.

    Maybe, just maybe, if enough people do that, then more artists will step up to argue against the RIAA claims that piracy is hurting artists.

    --
    Dark Nexus
    "Sanity is calming, but madness is more interesting."
  26. Re:Famous? by HiThere · · Score: 2

    Famous: someone who's written songs that have been remembered for decades. I.e., someone who has written several famous songs. (This ignores her reported continued fame within a subculture that doesn't "benefit" from widespread media coverage.)

    Certainly this isn't the only meaning. Famous is frequently used as a synonym for nortorious, though most consider that to be an incorrect usage. It is also sometimes used to mean someone who is widely known at some particular instant in time. This brief and (hopefully) episodic meaning for famous is a correct usage, though many consider it to be less valid than the more enduring meanings. Thus Rodin is still a famous sculptor, though he has been dead for quite awhile.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  27. Janis Ian is Project Gutenberg's 3001 entry by pjones · · Score: 3, Informative

    http://www.ibiblio.org/gutenberg/etext02/sochi-REA DME.txt

    Janis Ian's "Society's Child" is Project Gutenberg's etext
    #3001 (the lyrics) and #3002 (sound files).

    The lyrics are short (shorter than the Project Gutenberg header,
    unfortunately), and are in sochi10.txt or sochi10.zip

    The sound is in 4 different formats, made from the same digital
    audio source tape:

    sochi-high.mp3 MP3 file, no degradation
    sochi-med.mp3 MP3 file, slightly reduced sound quality
    sochi22.wav WAV file at 22kHz
    sochi11.wav WAV file at 11kHz

    ** These are copyrighted files, including the sounds and the lyrics!
    ** Please read the header in sochi10.txt or sochi10.zip before
    ** redistributing them.

    The lyrics are Copyright (c) 1966 Taosongs Two (BMI) Admin. by Bug
    The musical performance is Copyright (c) 2000 by Janis Ian

    Thanks to Jason Moore and IBiblio (formerly Metalab) for creating
    the digital files. Thanks to Janis Ian for donating these files for
    distribution by Project Gutenberg.

    The machine and software used to create the MP3 and WAV files was:
    - Power Mac G4 running at 500Mhz
    - Yamaha DSP Factory DS2416 sound
    - Bias Peak and Media Cleaner Pro software

    --
    Certified Black Helicopter Pilot *** Unwitting Dupe of One World Gov'ment
  28. Frank Zappa by SerpicoWasTaken · · Score: 3, Interesting

    I recently picked up Frank Zappa's autobiography (The Real Frank Zappa Book) and he had a chapter on failure where he listed all the ideas he had that never took off. One of those ideas (and this was back in the 80s) was to have record companies sell albums using using modems connected directly to home recording decks. His theory was they lose the overhead of packaging and shelf space and would be able open up the industry to new artists (who no longer had to compete for shelf space with more well known people). In addition, there was no concept of out-of-print, and people could get better sound fidelity rather than recording of your buddy's crappy LP. While this probably has little to do with the article, I found it fascinating that this guy was thinking about delivering music directly to people well before Napster and all its clones. Further proof that the man was a genius

  29. Re:more artists against RIAA by morgajel · · Score: 2

    his career isn't the only thing that's been fading.... :)

    --
    Looking for Book Reviews? Check out Literary Escapism.
  30. Re:Janis is missing two points by uncoveror · · Score: 2

    Janis owes nothing to the labels. You are still believeing the "I made you a star" lie that record companies have been telling artists since the invention of the phonograph. They are leeches. www.dontbuycds.org

    --
    The Uncoveror: It's the real news.
  31. You are way off base dinotrac by maynard · · Score: 2

    I don't know "sirslud", but if you take at face value what he wrote in his comment your reply reads simply as flamebait. By painting him as a "20-to whatever moron..." instead of dealing with the content of his post you only damage the credibility of your argument.

    He's a musician. I know many professional musicians eking out a meager living off of live performances who will say much the same thing the previous poster wrote, as well as what's in Janis Ian's essay. This music industry is destroying the incentives to "innovate" just as Microsoft -- through their anti-competitive tactics -- has destroyed the very market they feed from. Piss in the communal soup pot and you get the soup all to yourself; of course may taste like piss but it's all yours!

    It may seem counterintuitive, but to an undiscovered musician giving out product for free makes the best marketing sense possible. It's a loss leader for the profitable live performance market. That few musicians -- even those signed on label contracts -- make money from CD sales is further proof of a disincentive for musicians to follow the RIAA's lead and break free. Ani DiFranco is a great example of how a talented musician is better off producing and distributing their own music because of onerous and exclusionary recording contracts, ridiculous accounting methods, and blatant payola on radio. It's more profitable for the individual artist to give away selected tracks. This is a real financial incentive from the bottom up, which may be bad for the monopoly positions of the major record labels, but is very much to the benefit of individual artists.

    Cheers,
    --Maynard

    1. Re:You are way off base dinotrac by dinotrac · · Score: 2

      "20-to whatever moron..." instead of dealing with the content of his post

      The moron comment was completely fair in response to his "40 year old morons" I don't like being called names any more than you or he does (even though I'm actually closer to a 50 year old moron).

      As to responding to the post, I did.

      My response was simple:

      Reviling the recording industry doesn't pay artists. If you read my post, you saw that I have no conceptual issue(maybe a few legal and moral issues) with piling the entire record industry on a bonfire and soaking it with lighter fluid.

      Artists should have the right to sign deals with folks who will handle distribution, publicity, etc, if that's what they want to do. However, the music industry isn't taking artists on as clients, with an obligation to serve their interests and abide by their wishes. It steals from them and treats them as chattel. This is more than wrong, it's criminal. Musicians continue to be bonded in much the way athletes were held before the Curt Flood case opened the floodgates. Musicians need their own Curt Flood, that's for sure.

      I agree that artists would do well by giving away some music. Teasers are a great way to attract buyers. I just think that the decision of whether to give something away, when, what and how should be at the musician's discretion.

      I don't see how musicians are helped by a world where anybody can take as they please without regard for those who created it. Who's ripping you off matters less than the fact that you are being ripped off.

      As I said, positive suggestions for taking care of musicians are a desirable thing. Mere statements that "record companies suck, so I'll take what I want" don't help a soul.

    2. Re:You are way off base dinotrac by SirSlud · · Score: 2

      I am in fact a 24 yr old moron. :) As stated in one of my other plies, I just wanted to incite, because I wanted to know peoples age, and their opinion. Sorry about that.

      > I just think that the decision of whether to give something away, when, what and how should be at the musician's discretion.

      I dont, and I'm a musician. I never want to have that control. If I ever fight for it (maybe some record exec will buy my ethics with $$ some day), do whats best for you, I, our neighbours, and fight me from getting it. I dont like this whole 'author should be allowed to be a control freak' thing. Art, culture has *never* benifited from additional control placed on the artist, and almost the opposite - the freer we are in taking, interpreting, borrowing, etc art, the more rich our culture and art becomes.

      Now how to artists get paid? Easy. People want to pay them. If the artist is good enough, enough people will want to pay the artist. It's quite simple. We dont believe it, because nobody wants to volounteer their money to McDonalds or Nike. Well, they are comapnies, and they dont touch people's lives in the same way artists do. If you listen to yourself, you're advocating that no gallery charging a cover would ever use glass front windows - cause you and I could just view the art from outside! Suckers!

      Seriously, its pathetic - nearly everyone I talk to talks about how they volounteer their dollars to the artists that deserve it; well wake up, people, lets get some self confidence going. The ethical folks far outweigh any serious damage the cheaters could incurr on my viability to make a living. It's the industry, as you pointed out, that needs to be taken out back and shot.

      All this control stuff simply arises because technologies allow artsits and distributors to use that technology to tip the scales in terms of selling or pushing this or that. Stop pushing, let people pull, and you'll discover that while we might have less rich Celine Dions, we'll have hundreds more local musicians able to make a living from music.

      As countless others have said, social solutions, not technological ones. We might feel the world is packed with cheats, but this is mostly thanks to the commercial success of anti-establishement acts (basically, the subversion of counter-culture by companies) .. much of the message that sells is "Fuck this, fuck that, steal this ... get whatever you can so long as you dont get caught." It's the message that sells, but it doesn't change the fact that it simply does not gel with the human condition, or we would have cheated each other out of existance centuries ago.

      To sum it up: the artist does not, has never, nor ever will/should have technological control over his work. To give the artist this control might *sound* like a good short term solution for a troubled industry (and get the consumers onside with this argument, hook, line and sinker), but it is simply not good for the state of culture and economics. Scientists also need to balance control over their reasearch with an indeptedness to share it. If we let scientists have the sort of control the RIAA is seeking over music, sure, a few scientists would get richer in the short term, but the scenitific progress of the last century would grind to a halt (although the nostradamus in me says that this is exactly what will happen.)

      --
      "Old man yells at systemd"
    3. Re:You are way off base dinotrac by SirSlud · · Score: 2

      >Don't agree that musicians need some control over their work? Give yours away and prove your point.

      I do:

      here

      Guess what; I've made money from my music. Even though you can get it for free! I must know some awfully hippy people, huh?! Oh no wait, I forgot, they're humans, and they like to pay people. Not all, but I dont care. Why should I? We all scam the system where we judge it to be okay - the fact that these systems could not exist if we all, one day, scammed the same part of the system is what proves that it can never happen. Doubly so when it comes to culture, which humans will never be without. Demand for culture is intrinsic and eternal.

      >I believe that artists have a moral claim on their own creations: but for their energy and vision, the creation would not exist.

      Aha, but for not the music art and culture that artist injested (and no artist could *ever* afford all the art and culture they need to be exposed to to gain a sifnificant and useful context from which to create and extend the state of the art), neither would they be an artist. If you think any given musician could afford to pay every single musician for every single piece of music s/he listened to or had on personal media, you are very very very much mistaken.

      Take Beethoven. He used to 'steal' (we'd call it that today) 2, 3 straight _bars_, _right_ from other composers songs. Verbatim. He was a genius. He got paid. The composers he 'stole' from got paid. Everyone lived, everyone went home happy-ish. Disney wouldn't have had their masterpieces were it not for public domain works. I've said it a million times: the information should be free. Culture, art, etc experiences absolutely amazing results during the time of the least control mechanisms over published works, and the insurgence of participation in the market that results from this allows the 'semivoluntary' purchasers to support the artists. Again, everyone goes home happy, unless you're a greey jerk who mistakenly claims its his right to make money off every single little incidence in which one's work is used/viewed/listened to/re-interpreted.

      --
      "Old man yells at systemd"
    4. Re:You are way off base dinotrac by Pig+Hogger · · Score: 2
      Musicians need their own Curt Flood, that's for sure.
      To lose the case? No thanks! What they need is more Rick Bouchers!!!!
    5. Re:You are way off base dinotrac by Lemmy+Caution · · Score: 2
      It seems a little me-too-ish to chime in "I wish I had mod points now," but - I wish I had mod points. Your insight into the fluidity and shared nature of creative inspiration - and the resultant constipation of culture that springs from denying it - is absolutely right on and completely overlooked by the Intellectual Property Uber Alles crowd. There are, in fact, very few original ideas. Most creativity comes from reframing and recombining that which came before.

      Open artistic cultures are better then closed ones. You've stated it well. Bravo.

  32. Re:Janis is missing two points by Soko · · Score: 2

    Well, I'm feeding a troll, but now I have a nice little rant to e-mail people on why the RIAA shouldn't get into the Technology and Law business. Here we go... *dons Troll feeding suit*

    1. She wouldn't have a career at all if it weren't for the exposure she got on major labels in her early years.

    Nice theroy. Proof please? .......... Thought so, troll.

    2. The major labels are being facile if they ever pretend to care what happens to the Janis Ians of the world. Those are the artists they're losing money on. What they really care about is what happens to the Britneys, because that's where the bulk of their revenue is coming from. But the money Britney earns them is their fund for giving other artists a chance.

    That's that's a major problem with our "culture", O Large Ugly Green One, when how much money an artist makes a corporation takes precedent over how good they actually are. Taking away my freedoms to protect the musical Pablum from Brtitney? Again, Mr. Troll, you've got your priorities seriously screwed up. Nice tits != Good Music. (No, I know how to spell her name. Think about it.)

    If downloading cuts into Britney's sales (and that seems quite possible to me), it will lead to "marginal" artists getting dumped and fewer getting signed in the future. No exposure, no career. Make a list of all the successful professional musicians who have succeeded without any major-label help. Kind of got bogged down after Ani DiFranco, didn't you?

    No kidding. Look, I don't wear a tin foil hat or anything, but if you think for one minute that an artist who gets popular on the 'net - without being in a record labels stable - would get any further than that, you're crazy. I'm sure that the RIAA has more than a few A&R people scouring the web for new band that might get popular without needing them. If they let that happen, it would prove just how ridiculous the RIAA's current business model actually is. That's why, troll - Ani DiFranco is the "One That Got Away". Rest assured that there will be others as well, once artists figure out that with the Internet, a CD maker and a bit of exposure, who needs the RIAA?

    So yes, until there's a viable promotion infrastructure outside of the current major labels (and efforts at this are underway), downloading can hurt the Janis Ians, and the aspiring Janis Ians, despite her simplistic observation that incremental downloads aren't currently costing her anything.

    Other than bandwidth, what, pray tell, are those downloads costing her? You said yourself that the record companies don't care about her, so why should she care about them? Putting up with 30+ years of RIAA Bovine Fecal Matter would not lead to a simplistic opinion. You'd rather trust Brtitney to inform you of what goes on? Now, that would be a simplistic opinion.

    I'd better stop feeding you, Mr. Troll, since you're likely already ben stuffed full of RIAA platitudes and pure bullshit. Go away.

    Soko

    --
    "Depression is merely anger without enthusiasm." - Anonymous
  33. Ozzy! by ShavenYak · · Score: 3, Funny

    I don't know, but I have this great mental image of Ozzy biting off Hilary Rosen's head.

    --

    Hey kids, there's only 5 days left 'til Yak Shaving Day!
    1. Re:Ozzy! by questionlp · · Score: 2, Funny

      It looks like User Friendly has a series of strips, starting here that you may like. Forward a couple days more... the worst thing that could happen to man-kind... mini-clones of h.r053n.

    2. Re:Ozzy! by ShavenYak · · Score: 2

      That's $#*&! hilarious! I had never seen that cartoon before making my comment - it was just an obvious thing to say given the mention of Ozzy and the topic at hand.

      --

      Hey kids, there's only 5 days left 'til Yak Shaving Day!
  34. Re:more artists against RIAA by FreeUser · · Score: 2

    Oh yes. Jacko was complaining that the recording industry was racist (And we all know how proud he is of his black heritage, don't we.)

    You ignornant fuck.

    Michael Jackson suffers from a rare skin disorder that results in very pale splotches (like reverse birthmarks, big, ugly, and prominent) all over one's body and face. He had the rest of his skin lightened to hide the blotches, not because he had some desire to "be white." To insinuate such is bigotry at its most despicable.

    Having said all this, I don't particularly care for Michael Jackson's music and his personal habits are, to put it mildly, questionable. I have no idea if the pedophile accusations had any merit or not, but the skin whitening accusations are totally bogus and profoundly racist.

    He is very misguided IMHO to be solely emphesizing the racism of the music industry (though I'm sure it exists, it is clear that you can find labels that actively promote such black music as Hip Hop, Rap, Gangsta Rap, Blues, Jazz, etc. so where it does exist, it can be worked around). The "oppression" he is feeling is likely the oppression virtually every artist, black, white, green, or purple, who has dealt with the recording industry has felt: the cold certaintly that you have been forced into a form of indentured servitude and are being taken, firmly, to the cleaners. This form of artist misuse and abuse is so profound, so widespread, and so dramatic, that one wonders if any racial components aren't dwarfed in comparison.

    --
    The Future of Human Evolution: Autonomy
  35. This seems DIFFERNT from Courtney Loves speech.... by jsimon12 · · Score: 2

    Janis Ian seems to embrace giving away free music on Napster and such. Stating that it sold more records when some of her songs were downloaded off Napster. On the other hand Courtney Love seems to say that since the record companies are screwing the artists out of money that the artists should sue Napster and Gnutella. Whoever wrote the post for /. didn't seem to read past page 1 of Courtney Love's speech.

  36. Re:Janis is missing two points by Erasmus+Darwin · · Score: 2
    Amen. She seems to completely miss the point that free downloads are exposure at a cost, where the cost is the opportunity cost of having the music available for free (i.e. lost sales since the songs in question are already available).

    In her case, there's no question that the benefit of the exposure (180 CD sales) exceeded the cost having the songs out there (almost nothing, given her obscurity). Unfortunately, it's naive to automatically assume that this extrapolates to any circumstance.

    Does this remain true for an already well-known/pop artist? Maybe, maybe not. On one hand, quite a lot of people are already getting bombarded with the artist's work via the radio, MTV, and even TV show soundtracks. On the other hand, there's a definite reinforcement value in that when you're in the store, you're more likely to remember the name of that artist who's mp3 you listened to quite a few times.

    Does this remain true for the case where the entire album is available as an mp3? This is even less likely to be true, as the "free download" is rapidly approaching the value of the album. You'll still have people who want to "support the artist", but you've now got a business model that relies on the willingness of your customers not to cheat the system. That's not a very good business model.

    Fortunately, getting an entire album off the P2P services currently requires quite a bit of effort. However, I honestly believe that we're just a few engineering tweaks away from achieving it. Pick and choose the best of the P2P features seen so far, throw in freenet's anonymity, and create a wrapper file to keep an entire album together as a continguous chunk -- BAM! You've just negated a lot of the unique value of a retail CD.

    As it stands currently, I've already seen people distribute (via non-P2P means) collections of multiple CDs by a single artist, all encoded at a decent bitrate. It's really only a matter of time before it catches on.

  37. It's a cover up! by rberton · · Score: 2, Insightful

    The primary reason for the RIAA's position is not the hurting of record sales. After all, when Napster was up record sales were up significantly, as well.

    The real reason is that record companies spend a lot of money on generating one hit song and a persona to go with it. If you delve beneath the surface of the album (listen to any other song) you will realize it's a piece of shit and the jig is up. The record companies survive on the top 40 radio songs that convince people to buy the album because the song is so catchy, knowing full well that the rest of the album is crap.

    Like any sales practice (including software), it's about vaporware. Any movement to shed some light on the "product" would be squashed by any company.

    Can you imagine Microsoft or Oracle allowing people to sample snippets of source code before they buy the product? That'll be the day.

  38. I'm so tired of this debate.... by Eric+Damron · · Score: 2, Insightful

    There are basically three sides to this issue:

    1. The music industry's that want to control music so that they can maintain their high profits. They don't care about the artists or the fair use rights of individuals.

    2. The internet takers who want no controls over music so that they can get what they want without paying for it. They also don't care about the artists or about the law in regards to the rights of the copyright holders.

    3. The people in the middle who believe in fair use rights but also know that for good or bad, sharing copyrighted material without the copyright holders permission is just plain stealing.

    I fall in the third group. The fact is that if an artist decides to disseminate his music to which he has not already signed the rights away, over the internet for free he has every right to do this and it is perfectly legal to so. However, it is also a fact that the copyright holder has the legal right to decide how his work will be disseminated. It is also important to realize that the artist isn't always the one who controls the copyright. If he has sold the copyright to the recording industry then he has further say in the matter.

    The fact that the recording industry is an evil empire is irrelevant to the issue of music stealing.

    So, the bottom line is be responsible. Share only the music that you have been given permission from the copyright holder to share.

    --
    The race isn't always to the swift... but that's the way to bet!
  39. Re:Control by swm · · Score: 4, Insightful
    it's all about control

    This absolutely correct, and Ian seems to not quite get it

    If you think about it, the music industry should be rejoicing at this new technological advance! Here's a fool-proof way to deliver music to millions who might otherwise would never purchase a CD in a store...It's instantaneous, costs are minimal, shipping non-existant...a staggering vehicle for higher earnings and lower costs.
    All true, and if you think about it, you realize that this is why the music industry is terrified: if you have the internet, you don't need the record labels.

    Further discussion at How The Internet Will Make The Record Labels Evaporate .

  40. Re:A little tip... by rnturn · · Score: 3, Informative
    ``a copy for the car, or the kids, or the portable CD player, has to go out and "license" multiple copies." I just hope she doesn't give the record companies ideas.''

    This is already pretty much their official position. The RIAA thinks you're pirate if you burn a copy of a CD to play in the car. Any recording of a CD distributed by one of their members is contributing to the destruction of their industry. Hell, even loaning a CD to a friend is taboo according to what you see printed on most major label CDs.

    What the record companies are failing to realize is that they will eventually make it such a hassle that their potential customers will find silence far preferable to having to deal with the restrictions that are placed on listening to music. Who will they blame for the falloff in sales then?

    --
    CUR ALLOC 20195.....5804M
  41. Re:more artists against RIAA by FreeUser · · Score: 2

    so these inverted birthmarks, appeared when he was > 13? hm.

    Yes. That is what happens when you contract a disease at > 13. The symptoms (skin blotching in this case) set in at > 13.

    Batting about 60 on the IQ test, aren't you.

    --
    The Future of Human Evolution: Autonomy
  42. Re:more artists against RIAA by EllisDees · · Score: 2

    Yeah, and I bet his nose was accidentally burned off by a jar of acid.

    --
    -- Give me ambiguity or give me something else!
  43. You forgot one... by burris · · Score: 2
    Again, from personal experience: in 37 years as a recording artist, I've created 25+ albums for major labels, and I've never once received a royalty check that didn't show I owed them money. So I make the bulk of my living from live touring, playing for 80-1500 people a night, doing my own show.
    We hear this again and again. The vast majority of artists never see a dime from their "royalties." Artists say they don't want to be reduced to playing on the street because they can't sell albums from the comfort of their homes, but that is pretty much the way it is and has always been.

    burris
    "I wanted a profession that didn't require my physical presence." - Kinky Friedman, commenting on his decision to become a novelist.

  44. Re:Famous? by sql*kitten · · Score: 2

    This must be a new meaning of famous I've never come across before. Come on /., sort it out.

    She says she normally gets 75,000 hits on her website a year. I think /. is making her more famous than her ISP would like ;-)

  45. ... both honest enough to not steal, yet smart ... by dpilot · · Score: 2

    There's an old adage about, "trustworthy people trust others, and untrustworthy people don't." I suspect it may apply in this case. They *know* they're taking both consumers and musicians to the cleaners, and expect no less than the same treatment from both, given the option.

    They're trying to remove the option.

    --
    The living have better things to do than to continue hating the dead.
  46. Re:You are missing two points by schon · · Score: 2

    1. She wouldn't have a career at all if it weren't for the exposure she got

    But her point is that NOBODY needs the record companies any more. Or are you suggesting that because the record companies made someone famous (and made 100x the money their 'stars' did), that they should be immune from the laws of economics?

    2. The major labels are being facile if they ever pretend to care what happens to the Janis Ians of the world. Those are the artists they're losing money on.

    You missed the biggest point of the article: the record companies are not losing money on her or any other artist. The recording contracts are set up so that the only way a record company will lose money on someone, is if the artist stops recording, declares bankruptcy (or dies), and nobody every buys any of their material.

    In any other case, the record company can't lose money, because the artist's contract says that they must pay back every expense the record company incurs.

  47. Re:This seems DIFFERNT from Courtney Loves speech. by gelfling · · Score: 2

    What Ms. Love was saying is that the distribtion medium doesn't change the way the artists are NOT compensated anyway. Even if CD's were a buck or even free it wouldn't change the rigged game that is engineered to pay artists nothing and record companies everything. Her point was that legally speaking, if you CAN sue anyone it should be Napster because your rights are already tied up in the record companies.

  48. 15% -- damn good results for direct marketing by Reziac · · Score: 3, Interesting

    From Janis Ian's excellent article:

    "When Napster was running full-tilt, we received about 100 hits a month from people who'd downloaded Society's Child or At Seventeen for free, then decided they wanted more information. Of those 100 people (and these are only the ones who let us know how they'd found the site), 15 bought CDs."

    Anyone else notice this is a 15% successful direct sales rate? ANY marketer would be thrilled to have a 2% contact rate, and delerious with joy if only 5% of those contacts made a purchase. 15% is a solid testament to the power of "free samples" as a sales technique. Try the MP3, buy the CD.

    BTW I had no idea she was such a good writer. There are lots of well-considered articles on her site, on all manner of topics. Gotta spend a day there sometime soon!

    --
    ~REZ~ #43301. Who'd fake being me anyway?
    1. Re:15% -- damn good results for direct marketing by darkonc · · Score: 2
      BTW I had no idea she was such a good writer. There are lots of well-considered articles on her site, on all manner of topics. Gotta spend a day there sometime soon!

      From the information of an earlier poster: Her father was able to repeatedly get teaching jobs despite being branded a 'communist' by the FBI and having his employers harrassed by them on an ongoing basis.

      This indicates that he was

      • a free thinker
      • a good teacher
      • as likely to pass these abilities on to his daughter as his students.
      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    2. Re:15% -- damn good results for direct marketing by Reziac · · Score: 2

      Good points. And obviously his daughter was a good student!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  49. No mirrors yet? by WebMasterJoe · · Score: 2

    I have posted a mirror of the article at http://www.birdlandmedia.com/archives/000021.html. The article can be freely distributed, provided that you link back to her site. I'm keeping a copy of it for reference - and since I design web sites for musicians, I can direct them to the article if they are wondering about whether or not they should provide free music downloads.

    --
    I really hate signatures, but go to my website.
  50. Re:It's good for clear skin smiles... by WebMasterJoe · · Score: 2
    The internet is a last-gasp haven for faded stars. How else would these ppl have a voice that anyone would listen to...

    Um... do you realize the irony of what you just wrote?

    --
    I really hate signatures, but go to my website.
  51. How does that make sense? by jsimon12 · · Score: 2

    What will they gain by sueing Napster? Bankrupt a free route for advertising? All the sane information I have read says that Napster and things like it increase peoples awareness of music, introducing them to things they might have never listened to before and hence increasing albumn sales. "Ms. Love" is sueing the wrong party, sueing Napster won't get her more money, if anything it will get her less. What I am saying is sueing Napster because she can't sue the record companies for her lack of forthought in getting crappy record deal isn't going to fix her original problem.

    1. Re:How does that make sense? by gelfling · · Score: 2

      no no her point was narrow. It was, if there is anyone at all you are legally permitted TO sue, it's not the record companies since recording artists have already whored away all their rights in a recording contract guaranteed to leave them broke. If you sign a contract that says "You can never sue me for any reason - you no rights no redress" well that pretty much says it all. It doens't make any sense to sue Napster because a) they have no money b) probably provide a benefit to the artist. But Hey - Craptallica sued their own fans, right?

  52. Wierd Al? by GuyMannDude · · Score: 2

    A study compiled by the Yankelovich Partners surveyed...

    Holy shit! You mean Wierd Al is doing music industry studies in addition to making music? Now that's diversification!

    GMD

  53. An Artist's Life by Prof_Dagoski · · Score: 2

    While I think your comment hits very close, it doesn't quite get the bulls eye. Say gold ring. Anyway, you have to remember that the dream of every artist in any media is to be able to devote themselve to their creativity. In a perfect world, an artist would simply create. People would buy art out of a sense of asthetic duty, the state would support them or what have you. Sadly, the world ain't perfect, and artists like everyone else have to make comprimises. A musican may have to think they have to make faustian deals with record companies. A writer may support their works of love through writing crappy genre fiction. And a graphic artist may have to make some easily consumable pieces of art. It's either that, and a whole lot of luck, or they have to have a day job. I know exactly one artist who leads an pure uncomprimised life. She scrapes by on shows, music festivals, and whatever part time job she needs to get. She lives on something like $12-15K a year. She won't ever be big. She knows that, but she gets just enough attention to get by. I admire her for leading that life, but I can't do it. Neither can the other artists(meaning here musicans, writers, and so on) I know. The rest of the bunch have day jobs to support themselves while they find that big break. The downside is that you lead a very sleep deprived, exhausted life that way. It's really hard for me, especially now that I'm married, to sit down and write for four or so hours every night after work, but I do it. I look forward to the big break I know is out there, and I'm heart broken everytime something fails to come through. That heartbreak alone is enough to lead an artist to cut corners and make deals that comprimise them.

  54. Re:You are missing two points by Todd+Knarr · · Score: 2

    Not quite. The label doesn't get paid back out of the proceeds, they get paid back out of the artist's share of the proceeds. Say the artist is getting a 5% royalty, was fronted $20,000 to make the album and each copy sells for $15. Assume a 25% retail mark-up, ie. the label gets $11.25 per copy. Break-even is just short of 1800 copies. But the artist won't start getting a royalty at the 1800-copy point. They won't start getting a royalty until 26,667 copies have been sold, at which point their 5% has paid off the $20K advance. In between those sales points, the label is making a profit but the artist doesn't see a penny from it. The only way the label loses money is if the album doesn't even sell the 1800 copies needed to break even.

    Any signed musicians out there, feel free to plug in actual advances and royalty rates. Yes, I've omitted any promotional costs the label might incur, but those come out of the artist's royalties too as I understand it.

  55. History lessons by starX · · Score: 2, Informative

    I remember one of my history profs saying something about how in Elizabethan England (that's Shakespeare's time for those who want a frame of refference) the audience would pay for the shows after they were leaving, and if they thought it was worth the money. Now I say, what exactly is the problem here? There are plenty of good artists out there who churn out an excellent album once every few years, and for those, I am willing to pay. Then there are the okay musicians who churn out a good song or two once every few years, and for those songs, I am wiling to pay. Then there are the crappy artists who churn out a good song once in their lifetime, and I am willing to pay for that song. Since you can't usually listen to the entire CD before you buy it, I just go to P2P when I'm interested and check out the merchandise.

    Why is the RIAA scared of this? Simple, it forces them to be more selective. So far, the marketing trends place quantity over quality, that way you can sell more records. P2P allows me to make sure I want to buy the album in the first place, and if I don't, I keep the songs I like, and will pay for them when there is a sane and stable system in lpace for doing so. Here, I excercise my ultimate power as a consumer, the ability to refuse to pay $20 for 3 or 4 minutes of audio, and P2P allows me to be able to make that informed choice. RIAA is corporate, so they naturally want the consumer to have as little freedom as possible. If these recording industry types just made sure that they were churning out a quality product each time, there would be no need for P2P, as far as I'm concerned.

    Then again, if wishes were horses and all that.

  56. Re:Janis is missing two points by robkill · · Score: 2
    Amen. She seems to completely miss the point that free downloads are exposure at a cost, where the cost is the opportunity cost of having the music available for free (i.e. lost sales since the songs in question are already available).

    Check out some of her other articles in Performing Songwriter. She is very aware of record sales, exposure, and the interrelated cost. For artists who don't sell millions of CD's, the biggest source of revenue is touring, unless another artist has a mega-hit with a song you wrote. The cost of exposure via downloads is worth it if it means larger attendence at concerts.

    Christine Lavin had a great article on the cost, and why it was worthwhile in Billboard. She has a copy of the article here at her website

    --
    DMCA - Chilling free speech since 1998.
  57. Wrong, wrong, wrong ... by pyramid+termite · · Score: 2

    A company that doesn't have customers, or doesn't have enough customers to make it profitable, is dead. The corporate graveyards are full of companies that ignored this simple fact and went out of business. The shareholders or owners who insist upon being served before the company's customers often end up holding worthless pieces of paper, or selling at a loss.

  58. Speaking of DRM... by lunenburg · · Score: 2

    The Technology Administration of the US Dept. of Commerce will be holding a public workshop on DRM on Wednesday, July 17, 2002. There are no details as to time, location, etc. on their site, but there is a public comment form.

    So even if you can't do anything on the 17th, feel free to send the government your thoughts on DRM and its place in technology.

  59. There's an essay on Books... by JabberWokky · · Score: 2
    She also has, on her site, an interesting essay on how the Baen Free Library has increased sales of SF novels. That fact is referenced in her essay, and linked below it. http://www.janisian.com/article-eric_flint-free_li brary.html Good reading. In the past 24 hours, I've read five really interesting, solid essays linked from Slashdot (some in the comments, and the one above secondarily linked). Now I have to stop reading for awhile, as I have to get work done. ;)

    --
    Evan

    --
    "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
  60. Janis Ian's who you want to listen to, yes by ianscot · · Score: 3, Informative

    It's amazing how many times in this thread people have whined about Janis Ian being "obscure" or words to that effect. You'd maybe think a group of Web Geeks would be able to try a search or two, to start with.

    This is a woman with something like nine grammy nominations in at least three different decades, from what I can dig up in a few seconds' searching. She's been a big star, first for a sort of social-issues breakthrough song about interracial love in the sixties and then with a more mainstream hit, "At Seventeen." She's become a "back list" artist, and then a decidedly niche artist. (She released an album more-or-less about coming out as a lesbian.) She's released albums in different styles -- country, pop, folk -- with different labels. Tons of her songs have been recorded by other artists. Basically we're talking about the classic singer songwriter, and one with more than the usual longevity, versatility, class, and eloquence.

    Sounds like someone you'd maybe make an effort to listen to rather than trumpeting your own studied ignorance as if it renders her views meaningless. You think?

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
  61. Re:Janis is missing two points by pmc · · Score: 2
    but the near-total absence of counter-examples (famous musicians who got famous without major-label support)

    Let's see: J. S. Bach, Mozart, Chopin, Dvorak, Verdi, Puccini, Offenbach, Wagner, and so on. There are hundreds (thousands!) of famous musicians who became famous before the record label was even invented.

  62. Much agreement by maynard · · Score: 2
    • Musicians need their own Curt Flood
    • I just think that the decision of whether to give something away, when, what and how should be at the musician's discretion.
    • I don't see how musicians are helped by a world where anybody can take as they please without regard for those who created it.
    Agreed on all these counts. The issue is not whether IP owners have rights over the work they create (or own in this case) -- clearly the consitutional framers were right to include protections for inventors and publishers (which have morphed into our current copyright and patent systems). I don't suggest we should remove the traditional IP legal framework in place for the last hundred years or so kids can download free music.

    However, the question is really: does the situation WRT personal copying warrant the kinds of changes suggested by Hollings, Disney, Sony et all in order to protect their market share? I'm all for prosecutions against commercial duplicators in violation of copyright laws, but the CDPTPA/SSSCA encryption schemes currently on the board will have (I think) a twofold outcome of both reducing music consumption (in much the same way taxation thresholds can reduce total government income either by increasing taxes beyond what is economically sustainable, or reducing taxes below what the economy can support) and decrease "innovation" by destroying incentives for artists to create. They will have created in law a mechanism to exclude competitors, thus having a government sanctioned monopoly on distribution. This can't be a good outcome for the music marketplace, or music consumers.

    So, which is better for society all around? A few kids filesharing music (with the outcome of free marketing for individual artists), or a total corporate/government stranglehold on copying through autocratic and onerous new laws and technologies targeted against citizens? Why don't we just enforce the laws as they exist? And how different is this from what the Bush administration is saying about new regulation in the financial markets? If these businesses don't need the regulation, why is it necessary to regulate individual commerce?

    Cheers,
    --Maynard
  63. Re:Famous? by K8Fan · · Score: 2

    Yes, famous.

    Her column on the "Monumental Mistakes" she has made in her career is amazing. She talks about taking drugs with Jimi Hendrix, turning down the opportunity to play Woodstock, was offered Rhea Perlman's part on "Cheers"...

    Is she curently famous? Nope. But she was very famous at several different points in her career and will make one hell of a "Behind The Music".

    By the way, read her article about her stolen guitar for a deeply moving story that will reassure you that there are decent humans on the planet.

    --
    "How perfectly Goddamn delightful it all is, to be sure" Charles Crumb
  64. fear of photos or flashes? by jcsehak · · Score: 2

    I wonder how much of the camera nazi stuff was caused by being pricks about having their photo taken and how much was from getting sick of goddam flashes popping in their faces every 10 seconds.

    --

    c-hack.com |
    1. Re:fear of photos or flashes? by jcsehak · · Score: 2

      Next they'll claim that you're stealing their soul or singing abilities

      I had that idea yesterday. You've stolen it from me and published it without my permission. You'll be hearing from my lawyer.

      --

      c-hack.com |
  65. Ye. Freaking. Gods. by Chris+Johnson · · Score: 3, Interesting
    At my URL above, I have some rather uncommercial music. It's mostly just downloadable. I put a lot of effort into making CDs, though- they're 12$, which gets me a couple bucks over and above the cost of making it (I chose a pretty slick packaging, which is more costly).

    I've sold one, for two bucks in 'royalties'.

    That's two bucks more in royalties than Janis Ian has ever been paid for her entire major label career, by her own account. "In 37 years as a recording artist, I've created 25+ albums for major labels, and I've never once received a royalty check that didn't show I owed them money." I'm not even 37 years OLD, myself...

    As if that's not enough, I can get CDs made pretty cheaply if I made 1000 or so, and can get them one at a time back from Ampcast for 7-10 bucks- and even at that, it's a better deal than BMG artists can get on their own CDs, should they wish to sell 'em at shows: "BMG has a strict policy for artists buying their own CDs to sell at concerts - $11 per CD."

    This article is even more damning than the Courtney Love article. My jaw is just dropping, and I was far from uninformed to start with... and I never knew how well off I was as a starving indie with no sales. Funny how I'm owed more royalties than a multiple Grammy winner...

    1. Re:Ye. Freaking. Gods. by Chris+Johnson · · Score: 2

      ....erm, nominee ;)

    2. Re:Ye. Freaking. Gods. by mvdwege · · Score: 2

      I can witness to this, as I just bought two of Chris' CDs after downloading one entire, and one song of the other. I had to wait three months between the download and actually buying the stuff, since I am dependent on friends ordering for me (no CC), but I was very happy with this.

      As a result, I am now plugging Chris to friends and acquaintances of whom I know they would like his stuff.

      BTW Chris, nice piece of mixing on 'Koala'. I could hear the percussion effects literally floating in front of my eyes. Keep up the good work!

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    3. Re:Ye. Freaking. Gods. by Chris+Johnson · · Score: 2
      No way- it's true! Big thanks. Now I have sold 3 CDs instead of 1. This is the right direction to be going in! Hope you like them. Whatcha think of the 'Wounded Skies' inner gatefold? (ah, if only I could release vinyl 12" records with full size covers)

      Some of that percussion clarity on 'Koala' is from Open Source (GPL) digital audio mastering software :D

    4. Re:Ye. Freaking. Gods. by mvdwege · · Score: 2

      Heh. Don't tell me you've only sold three CDs? With your constant advertising for ampcast and the user demographic of Slashdot I'd expected you to do better. My remark was mostly meant to underscore that a generous preview policy is good for sales. Now don't you go robbing me of my good faith in humanity ;-)

      As for the inner gatefold of 'Wounded Skies', I like it a lot. It looks a lot like the more rural parts of my home country (the Netherlands), where I like to take a bicycle when I need some peace and quiet.

      Anyway thanks for the good music, and I'll be watching your work for more good stuff. I mostly like rock in all guises, so I'll skip the electronic stuff if you don't mind.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
  66. Re:Janis is missing two points by Chris+Johnson · · Score: 2
    Um, no.

    You have to succeed on your own initiative before a major label will get behind you.

    Period.

    Ask Metallica- few bands ever worked harder to get in a position to get signed. They may have worked so hard that they've been paid royalties- Janis Ian has never been paid one cent in royalties over her entire career.

    Which raises the question, if you have to succeed on your own initiative in order to get signed and do serious tonnage of shipped CDs, but you won't get paid even if you do, then what is the point? Is it really all about wanting to play star for a month or a year? Is that enough? How hosed will you be when the month or year is up and the record company is not 'behind' you (if indeed they ever were)?

  67. Re:Famous? by yakfacts · · Score: 2

    Really great story, in particular the way the
    way they both wanted each other to feel okay about it.

  68. Flaw in Book Example? by harlows_monkeys · · Score: 2
    The example where one book was made available for free download and that caused sales of the other books of that author to go up is not necessarily relevant.

    The important question is what would have happened if all the books from that author had been available for free download.

    Another possible problem with the comparison is that books on computer are usually much less convenient than regular books. With music, MP3 format is often as convenient as CD format, and it is easy to burn CDs from MP3s.

  69. Re:non-top-40 format by WNight · · Score: 2

    It's not a free market in any fashion. There are a limited number of radio stations you can fit into the frequency allocated. They're all been assigned and are usually owned by the same few companies in all areas.

    These companies are paid to play music by the record companies. Their entire program is basically a paid advertisement. The top 40 is simply a list of the 40 most-played songs; most played on the stations that get paid to play this music.

    Some customer-feedback is used in determining the ratings. They aren't going to play a commercial that customer react badly to, but they also aren't going to play a commercial for a product they don't own. They manipulate the ratings to ensure that customers only hear their music, knowing that customers tend to buy only music they have heard samples of.

    This is a monopoly. The airwaves are essentially controlled by the record companies, as are the distribution outlets and concert venues. The companies that control these resources make price-dumping type decisions, losing some money in the short term, to hurt potential competitors and/or force them to sign up for an exploitive deal.

    This is the exact opposite of an open market, where all products are displayed and judged by a knowledgable consumer.

  70. WRONG!!! by alizard · · Score: 2
    Boycott the recording industry.

    No. Buy CDs ONLY from artists who are selling their own music, either at gigs or via the Web AT THEIR OWN WEBSITES. Not ones created by major labels for them, ones made by the artists themselves. (or usually, by Web authors paid by the artists) Figuring out which is which isn't rocket science.

    That is one of the best ways to make sure that the artist gets compensated, not the drug dealers who sell to the suits at major record labels.

    1. Re:WRONG!!! by uncoveror · · Score: 2

      If you could compile a list of those, It would be a great service, or if they would email comments@dontbuycds.org a list of artists unafilliated with the big 5 and RIAA couls be listed as exempt from the boycott.

      --
      The Uncoveror: It's the real news.
    2. Re:WRONG!!! by alizard · · Score: 2
      I was going to suggest creating a cool logo which can be displayed as a banner by artists who are not with RIAA... but unless your people have the resources to trademark it, major labels will grab it immediately to stick on lesser known artist sites.

      I'm working with an independent artist NOW, but I don't want our site slashdotted unless her CDs (we're doing CD-on-demand via third party vendor)are ready to go... that's weeks from now.

      I don't know the music scene well enough to give you such a list of independent artists... but I agree one is necessary. In the meantime, I suggest that you put somewhere prominent on your site a contact address for artists who aren't RIAA.

  71. Re:I'll see your Bullshit and raise you a cow fart by nomad_monad · · Score: 2, Interesting

    Here are some more grey edges...

    Granted, if you download a song off a filesharing service that the artist doesn't want shared, and then burn it onto a CD and listen to it (or play it on your computer) fairly regularly, enjoy the experience, like it, yet never go out and actually buy the product in it's commercial form... yes, that definitely seems like stealing to me.

    However, let's say you download a song, and you don't like it. Frankly, you think a series of farts you let out after eating a can of beans is more musical than the crap that this artist put out, and if you had actually paid for it, you would've felt ripped off. You never listen to the song again (or delete it from your computer), or only listen to it when you want to demonstrate to someone just how much this particular artist lacks in talent (in your estimation). Did you steal? Some people may still say yes, but I don't think so. You never use it, you don't listen to this song. Perhaps it physically exists on your hard drive or on some other media like a CD. But even then, the word physically is a bit of a misnomer, since music is pretty intangible -- the only physicality we speak of here is the recording format. It's not like taking someone's car and then never using it (which would still qualify as stealing since the original owner no longer has access to it, and has lost actual value). It's more like eavesdropping on someone explaining a new idea, but never using it. How have you stolen it?

    You might say that you've reduced the artist's potential profit by not accidentally buying something that you would've never bought if you had heard it beforehand, and thus have stolen from the artist. Personally, I think as soon as you begin to vocalize that argument you realize how silly it is.

    This is even more relevant when you consider one of the arguments in the original article -- filesharing is a boon because it gives immediate, unfettered, and near-universal access to *preview* songs and artistic material. If you preview something, decide you like it, keep it, but don't buy it, you're stealing. Anything less than that, I'd have to disagree.

  72. the point people keep missing by alizard · · Score: 4, Insightful
    Shutting down P2P and Internet Radio isn't about protecting artist royalties or even record label royalties.

    It is about control. The RIAA record labels want to close down any venue that is easily accessible to the public where the independent (as in unsigned by major record label) artist can upload her own music without having to go through a gatekeeper under record label control.

    The ability of RIAA record label suits to make a living depends on their being able to say "You can't make a living without us."

    With easily available CD on demand and band merchandise on demand, all a musician needs if his/her material is any good is exposure... a musician no longer needs record labels and record stores to sell CDs and T-shirts.

    The last choke point that allows RIAA labels a chance to make money off artists and the public is exposure to masses of people. Internet Radio and P2P allowed an easy way for the independent artist to get to the people.

    When people say "I bought CDs from bands I never heard of thanks to Napster, etc.", this doesn't make the RIAA want to keep P2P / Internet Radio open, their business is to make sure you only buy from RIAA artists... to find RIAA artists, turn on any Clear Channel radio station. Where an independent without a major promotion budget isn't going to be heard.

  73. Re:more artists against RIAA by Pig+Hogger · · Score: 2
    Yeah, and I bet his nose was accidentally burned off by a jar of acid.
    Actually, he had his nose caught in a vinyl pressing machine.
  74. Wow, that's almost too grey for me by JudgeFurious · · Score: 2, Interesting

    Ok, I get that. I don't think it's the same thing here in that we are talking about (at least to some extent) the "value" in dollars and cents that the artist (or in this case the evil butt monkeys from mars at the record companies) might have/could have/should have made from the creation of the music.

    I see it like this.

    1. If I download the song and it's crap IMO then I am glad I didn't buy it and it appears to me that the artist lost nothing in my hearing the song and disliking it.

    2. If I do the same thing and enjoy it, keep playing it, and don't buy the CD then the artist lost their tiny share and the record companies lost a few bucks. It's then stealing (again IMO).

    However if you look at it like the record companies and some artists do then in the first example where I downloaded the song and hated it, was sorry my consciousness was ever touched by it's terrible sound, and didn't buy the record then I have still stolen it because they missed a chance to stick me with a lousy CD at a premium price and niether one gives a damn that I got the shitty end of the stick in the deal.

    I've been on the wrong end of a number of bad CD's in my time and I refuse to give up the right to check out what I am getting in advance of purchasing the material. I further insist on the right to do it in my house on my time and think this is non-negotiable.

    It's only a matter of time before record labels go the way of that old dinosaur and we find ourselves in a completely changed musical landscape. I don't imagine my children will have a clue what it was like to get a CD with one good single and 11 songs that sound like monkeys fucking grizzly bears in the rain. Lucky them.

    --
    Appended to the end of comments you post. 120 chars.
  75. Re:more artists against RIAA by FreeUser · · Score: 2

    Vitaligo is not "Contracted", it's inherited, and many who have it aren't born with the white splotches. Since it's an autoimmune disease, It can be set off by another infection or by getting immunity shots (rabies shot in my case), both of which trigger an immune response.

    OK, if we're going to be pedantic you are correct. I should have said "set in" or "became active" at > 13 rather than "contracted." The point remains that the disease didn't become noticable, and the symptoms didn't become apparent, until Michael Jackson was a young adult, and the racist series of posts insinuating that he somehow "wanted to become white" to which I responded remain just as asinine, and profoundly idiotic, as before.

    --
    The Future of Human Evolution: Autonomy
  76. Re:Janis is missing two points by pmc · · Score: 2

    Ah - moving the goalposts.

    Chopin made his living primarily through teaching and performing. J.S. also made his living primarily though performing: violinist, organist, and conductor. Mozart, contrary to what you would believe from seeing the film, lived most of his life as a freelance composer and performer: his piano concertos and Don Giovanni were all freelance pieces. Dvorak also made his living through private teaching and composing (winning of competitions as opposed to patronage). Offenbach - guess what - he made his living though composing (mainly for the theatre) with no support from patronage. Puccini - he composed opera on a commerical basis (and became rich doing so). Verdi - strangely enough he was paid by the La Scala opera house to write operas. Wagner - he as also wrote operas commercially.

    None of these famous musicians were supported to any degree by patronage - they all worked hard to develop a reputation and then were paid (sometimes well, sometimes not) to perform their trade - either teaching, composing, or conducting (or a combination).

    The most notable difference (and what really blows your argument out of the water) is that nobody gets patronage from the nobility until they are famous. Mozart, probably the one on my list that got most, was already famous before any nobility ever came near him. So here we have a list of musicians who became famous without major label support (or any substitute you see fit to drag in). They became famous because they were talented. And that is completely different in spirit to the record label model.

  77. So did Illiad... by Svartalf · · Score: 2

    He ran that line of thought recently in User Friendly.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  78. Re:Control by j_w_d · · Score: 2

    It looks to me as if you missed Ian's point. The only really viable data - from the RIAA itself - indicates a very clear gain for the labels during the heyday of Napster. In other words, sharing sells CDs. It also sells books and other forms of content as well, but that's irrelevant.

    As you say the labels are very scared, but not because of the idea that some how the internet will displace them from the market. Remember, Napster made money for them. What they fear is that with time ARTISTS will abandon them. Labels control artists. With the internet and available recording technology any serious artist can begin to build their own "label" and burn and market their own CDS without being subject to contracts that are so thieving they would make Fagin proud. Without artists, the swimming pools dry up, the Mercedes run out of gas, and the estates become low income housing. The members of the RIAA have to get real jobs.

    --
    ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
  79. Re:Janis is missing two points by pmc · · Score: 2
    As I said, you're moving the goalposts, from "Musician" to "Someone who is a member of an incredibly small subset of musicians that I haven't actually defined but every time you find a counterexample I'll change the definition so that I'm still right."

    Not content with redefining your definition of musician, you have redefined what they need to have done to satisfy you: from "famous musicians who got famous without major-label support" to "one who has prospered completely outside the major-label system during the period of history in which the major-label system has existed". Which is a fairly substantial change.

    In reply to your original definition acts like Genesis (originally Charisma), Pink Floyd (originally Harvest), REM (originally IRS Records) all became famous without the help of a major label.

    Now, watch you don't hurt your back dragging your goalposts back under your bridge.

  80. Re:oh dear... by TWR · · Score: 2
    OK, fine. Describe a better system.

    -jon

    --

    Remember Amalek.

  81. Re:Wrong all on counts: it is not stealing by darkonc · · Score: 2
    Downloading (or uploading) a copyright song without the permission of the author (or copyright holder, which may not be the same thing as the author/artist) is a violation of copyright. This is an entirely different thing than stealing. Taking the CD from the store would be theft.

    Violating copyright on a sharing network may, or may not increase sales for the artist or decrease such sales (music sales during the life cycle of napster seem to indicate that they increase sales). Taking a CD without permission physically denies the store use of the CD as a sale product and can easily be proven to cost them money (replacement costs and/or one sale now impossible).

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  82. Re:You missed this point by darkonc · · Score: 2
    P2P sharing has a grey area where the RIIA can throw millions of dollars worth of legal fees into the fray to beat someone into submission. They are also nice big juicy and (most importantly) popular sites that provide a real alternative to RIIA marketing.

    Janis Ian's site would never have been seen by most of us had it not been for the posting of this article... Similarly for CDs put out by my friends. Most people don't know where to go to find such things.

    P2P networks, on the other hand, are a well-known venue for access to artist's music that do not have any connection to the RIAA. If a budding artists have a choice for the distribution of their music, they might not agree to recording deals that give the record companies effective ownership of all the artist's output for years or decades. That is why the RIIA has been beating these P2P networks into submission despite the fact that they clearly appear to be increasing music sales. ..

    They threaten the RIAA's monopoly on the market, and give artists some choice.

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  83. Re:This seems DIFFERNT from Courtney Loves speech. by darkonc · · Score: 2
    Courtney Love was pretty much neutral on the effect of Napster on the artist. Her real point was that it didn't care. The RIAA was claiming to be defending the rights of the poor artists, but it's the RIAA who was butt-fscking them with a sliver-filled baseball bat. Most artists never get the money that comes from their albums, even if they sell a million units.

    + or - 10% in sales because of the difference that napster makes doesn't matter to the artist because they don't get any of that money anyways. The RIAA was simply using artists as a shield in their fight for more control of the artists..

    "Patriotism is the last refuge of the despot".

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  84. Re:Anarchy by TWR · · Score: 2
    You want to ban private property? Great! Let's start with you. Please post your real name and address.

    You don't want government? Fine! The guy with the biggest gun will be in charge, and don't expect him to allow you to appeal to a judge.

    I believe the warlord areas of Afghanistan and Somalia have exactly what you are looking for. Why don't you ask those residents how well your system works?

    -jon

    --

    Remember Amalek.

  85. Re:Anarchy by TWR · · Score: 2
    Well, I'm an anarchist, too, and I don't believe in your personal property. Or, more accurately, I believe that your personal property is my personal property. Give me you address so I can go exercise my anarchist rights to all of your stuff. Since you don't believe in government, I take it that you won't ask the government to protect you.

    -jon

    --

    Remember Amalek.

  86. Re:Anarchy by TWR · · Score: 2
    I want, I take.

    The core creed of anarchists. I'm just going to apply it to your stuff. I decided that I want it. So, where's the name and address, oh he who wants to share with the world?

    And who are you to decide what makes me an anarchist?

    Since you're very dense, why don't we try an existence proof. Please tell me why areas which live under anarchy (Somalia, Afghanistan) aren't paridises, with millions flocking to them? Why is it that absent the rule of law, people have LESS freedom, not more? If you can't answer these questions, then your stupid economic theory is pretty much shot, eh?

    I'm guessing that you're a spoiled white kid who lives in a rather rich part of the US and who has never actually had to earn anything that he owns. Mommy and Daddy have give you everything, except a sense of value.

    Now, isn't there a McDonald's that you should be looting near your bedroom in Mommy's house?

    -jon

    --

    Remember Amalek.