Slashdot Mirror


Raising Barriers to Entry into the Music Business

An anonymous reader writes "MP3newswire.net has an interesting commentary, inspired it seems by the woes of the Webcasting community. Basically they are saying that the RIAA is less concerned about piracy and more about the low barrier of entry into the online music business. For example, most slashdotters right now can start their own radio streams or distribute music files for next to nothing, just download the appropriate freeware and go. Through lawsuits and the DMCA the entertainment conglomerates are trying to make such acts much more expensive. So expensive that it is no longer affordable for the "average Joe" to trade or broadcast. The article makes a good argument on how the Internet has empowered individuals and artists to affordably express themselves online, and how a threatened record industry wants to stop that." Update: 10/20 6:55pm EST by C : More news from the webcasting front can be found in the article...

Rusty reports: "Friday afternoon, the RIAA and SoundExchange announced a temporary payment plan and fee reprieve for small webcasters while congress considers legislation.. Basically, by Monday, Oct 21st, small webcasters will need to pay a $500 a year minimum fee ($2500 max). While this rate still may be a problem for hobbyist webcasters, it is lower than the $2500-$6500 minimum that HR5469 called out.

From the RIAA's SoundExchange site:

"Any webcaster that qualifies as an 'eligible small webcaster' under H.R. 5469 will not be required to pay on October 20 the per performance (.0762 cents) royalties otherwise due under the Librarian of Congress' decision of July 8, 2002.

Instead, by October 21st, these eligible small webcasters may instead pay only the $500 annual minimum fee set by the Librarian of Congress for each year or portion thereof they have been in operation since 1998 (a maximum of $2500) until this Congress has had the opportunity to act on the pending legislation."
This still provides no relief for Live365, although their appeal hasn't been heard yet."

Ann Gabriel writes the following in response to Rusty's report from our last article on webcasting:

It appears that the message being sent to me in the response by SOMA FM's Rusty is that since HR 5469 does not directly affect me, I should sit quietly by and watch this travesty play itself out without saying anything.

What happened with HR 5469 directly affects EVERYONE is the webcasting community and to pretend otherwise is a joke.

There is nothing wrong with the fact that a group of people set out to negotiate a private deal for themselves intending to save themselves from the retroactive royalties that will come due on October 20, 2002.

But there is something horribly wrong with the FACT that what began as a private negotiation ended up being turned into a piece of legislation forced as a yolk around the necks of people who had no say in the matter.

I am tired of being asked as a member of the webcasting industry to accept something so horribly wrong just because some people think this deal was "the best they could get."

To sit by and accept the events that led up to the negotiations and the formation of the actual bill language is something I cannot do.

To me it would be like being invited over to lunch and expecting to eat Chicken Salad - and then being served Chicken S**t. There might be a large portion of the webcasting community who can stomach that, but I can't.

The RIAA never had any intention of dealing fairly, honestly and respectfully with the webcasting industry. Those that sat down privately to negotiate a deal for themselves did so in their own best interest and for their own individual reasons. I don't believe there was anything wrong with that.

But when the self-serving agenda of a few becomes something that is foisted upon the community as a whole, then I cannot, must not and will not stand by and accept such an American Injustice.

It is patently clear to me that the IWA and the VOW are separate organizations. To that end if you read my open letter carefully you will see that I point out the deal was NOT negotiated on behalf of the IWA and it's members, of which I was one until last week.

Just because people are claiming right now that HR 5469 in its present form will not really hurt the industry does not mean that is the truth. The only entity that HR 5469 helps is the RIAA and it is a sad truth that they care nothing about the industry they are destroying.

Ann Gabriel
Gabriel Media Inc.
Brian Hurley of Detroit Industrial also had his response to Rusty's words from that article.

In case you haven't had a chance, here's the latest article from The Register on the state of HR5469 as it was introduced to the Senate, earlier this week. And as a bit of a wrap up to this roller coaster week, this Reuter's article serves to provide a nice summary of the situation so far.

272 comments

  1. RIAA by King+of+Caffiene · · Score: 4, Insightful

    The RIAA only cares about its own music. They don't care about quality or doing anything new and creative. Most new music really isn't good. I don't see how they can claim that piracy costs them "billions of dollars" every year when music sales are still going up. The only thing that cause people not to buy music is $18 a CD and shitty music.

    1. Re:RIAA by Mahtar · · Score: 5, Interesting

      I loathe the RIAA etc. as much as the next geek, but what hellhole do you people live in that CD's cost 18 dollars? Ok, Canada aside.

      Prices from local media play (shitty pop stuff, I know):

      Avril Lavigne - Let Go - 14 dollars
      Linkin Park - Reanimation - 14 dollars
      James Taylor - October Road - 14 dollars
      Santana - Shaman - 15 dollars

      Less popular, though better, stuff:

      Angel's Egg - Gong - 13 dollars
      Erpland - Ozric Tentacles - 13 dollars
      Close To The Edge - Yes - 13 dollars
      Leftoverture - Kansas - 11 dollars

      And so on and so forth. If you want to make a case against the RIAA, by all means, do so. But please stop artificially inflating CD prices. It just hurts ones credibility, in the end.

    2. Re:RIAA by The+J+Kid · · Score: 5, Informative

      11 to 14 dollars....wow

      Here in holland it used to be 45 guilders and thus now 22 Euros...which in return is about 21,50 Dollars..

      And no, that's not because I live in some shitthole, but that's everywhere!

      --
      Moderation: +4. Modded 70% Funny and 30% Overrated. 100% Saturated.
    3. Re:RIAA by Anonymous Coward · · Score: 0

      Sorry dude, but in the Tampa Bay area of Florida, USA, most CDs are $16-18, and you can count on $18 if you go to a major retailer in the mall. There are always a few titles that are released with lower prices, but mainstream CDs are priced high. There almost has to be a price-fixing scheme going on, but the prices remain constant.

      CD prices are the main reason I don't buy much music anymore. And when I do, it is usually from a website.

      Andy

    4. Re:RIAA by Anonymous Coward · · Score: 0

      Um, I believe that would be surburban mall "record" stores. I know I can get the same things in the few independant stores in the city that cost literally twice as much in a mall shop. Why is that anyway? Or are suburbanites just that gullible?

    5. Re:RIAA by VictimlessChris · · Score: 1

      I live in philly, and semi-low prices are only available if you go to a Best Buy and get the latest teen sensation. If you want more selection, or CDs from lesser known artists, you can go to a Tower Records, The Wall (or whatever its called now), or similar stores and pay upwards of $18 for ONE CD. That's just how it is.

      --
      Then I put on a suit, because you can get away with anything if you're wearing a suit. Suits lie.
    6. Re:RIAA by realgone · · Score: 5, Informative
      what hellhole do you people live in that CD's cost 18 dollars?
      New York City, baby -- hellhole to the stars.

      If I were to go to any of the major reatil outlets here and buy a regular CD (not on sale, not part of a specially reduced back catalog series), yes, it would cost me $17.99 or $18.99 pre-tax. Prices get a little better if you visit a more independently minded retailer, but the selection sometimes suffers. (Stocked titles are often more ecletic, and if your idea of "eclectic" doesn't match the owner's idea of "eclectic", yer out of luck.)

      I wouldn't presume to say that the Big Apple is an accurate representation of the music market as a whole, but those prices the parent mentioned are indeed a reality for those of us in urban markets.

    7. Re:RIAA by danimrich · · Score: 2, Informative

      Yes, and that's not even the worst: If you're not into mainstream, you can pay as much as 25 Euros per CD (Austria).

      --
      where's all that Karma?
    8. Re:RIAA by rodgerd · · Score: 2

      Whee - mid-tier pricing! Immediate 50% cut to the artists' royalties!

    9. Re:RIAA by balloonpup · · Score: 1

      Springfield, Massachusetts also tends to run a bit high. At the local FYE (formerly The Wall) CDs run $15-$21 a piece, for new releases and the like...

      --
      I sing the doggie electric!
    10. Re:RIAA by FattMattP · · Score: 3, Informative
      I loathe the RIAA etc. as much as the next geek, but what hellhole do you people live in that CD's cost 18 dollars?
      I guess a better question is where do you live that CDs are so cheap? The hellhole I live in is San Francisco and CDs are in the $16-$19 range. There are some small shops where you can get stuff cheaper. I've found the best thing to do is to buy used.
      --
      Prevent email address forgery. Publish SPF records for y
    11. Re:RIAA by krinsh · · Score: 3, Informative

      Is that per artist at one store? Borders, or Wal-Mart? Walk into any FYE (or the stores formerly known as Disc Jockey, Camelot, etc. until they were all bought out by a giant media distribution conglomerate) and ALL the discs by new and popular artists range from $17 to $22. You used to be able to find discs at $9.99 to $11; now even those are all at least $13. I'm talking anything. Granted, cassettes are far far cheaper but the selection is not there and the store (at least all the ones I have visited and I live in WV, work in VA, get my kids from PA and shop sometimes in MD) WILL NOT order anything for you - or they'll claim they cannot find it in their system.

      --
      I think with the interesting people, their lives can't possibly be wrapped up into a nice little package.
    12. Re:RIAA by 0111+1110 · · Score: 3, Funny

      So the average CD would drop to $17.50 from $18.00.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    13. Re:RIAA by Anonymous Coward · · Score: 0

      That's why I order all my CD's online.

      Grusse aus Wien.

    14. Re:RIAA by Anonymous Coward · · Score: 1, Insightful

      Boston prices are usually very close to suggested retail for DVD and CD. And as you know suggested retail is very high. Try $29.99 for a movie that Wal-Mart or BestBuy have for $18.99(I'm talking about DVD's). CD's are the same($15 to $18). And remember that the Price Fixing by the record industry was targeted to places like Wal-Mart and BestBuy who were selling CD's at-cost or lower. Boston stores can't do that because real-estate and salaries are so expensive(you can't pay somebody minimum wage in Boston).

      I guarantee if MP3's and/or CDR didn't exist, I would not even be listening to the music I get to listen to. I'd own like 3 CD's and that's it. I'd have to listen to the radio which rarely plays the stuff I like(Megadeth, Pantera, Sepultura, Type O Negative, Motley Crue). That's how it was before MP3's. All it has done is allow me to listen to more music. Hasn't changed my buying habits. I've bought like 3 CD's in the past couple of years...which is about the number of cassettes I used to have at one time. Although I remember even having a couple of cassettes that were copies of my brothers' (it doesn't compare to the 50 CDR's I have, but the thing is that it hasn't changed my buying habits).

    15. Re:RIAA by madopal · · Score: 0

      Ok...I went into Best Buy and Borders' this weekend looking for music (in the Chicagoland area). I was looking at the following two albums:

      - Snatch Soundtrack
      - Julee Cruise: Art of Being a Girl

      Now, here were the prices:

      Best Buy Borders'
      -------- --------

    16. Re:RIAA by madopal · · Score: 0

      Oops...ok, lemme try that again...

      Ok...I went into Best Buy and Borders' this weekend looking for music (in the Chicagoland area). I was looking at the following two albums:

      - Snatch Soundtrack
      - Julee Cruise: Art of Being a Girl

      Now, here were the prices:

      @ Best Buy
      Snatch - $12.99
      Julee Cruise - $14.99

      @ Borders
      Snatch - $17.99
      Julee Cruise - $17.99

      Now, even CDNow can't really compete with Best Buy's prices on those. Julee Cruise's album is new, and we all know how old the Snatch Soundtrack is. And those aren't even mall prices. Sure, you *might* be able to find certain albums on sale at Best Buy/Target/WalMart, but they sure as hell won't be anything that isn't the latest Teen Sensation(TM).

    17. Re:RIAA by rodgerd · · Score: 4, Informative

      8)

      Allow me to recommend perusing some of Moses Avalon's books, which spell out the whole deal in detail on how royalties are computed.

      Notable details include: if it's on CD, royalties are 75% because CDs are "new media". If it sells for 80% of full retail ($18) or less, you lose 50% because it's mid-tier (if it sells in bargain bins, you get nothing per unit). If it sells over the Internet, there's a 25% levy for a wire cost.

    18. Re:RIAA by macdaddy357 · · Score: 4, Interesting

      "Is home taping killing the recording industry? Yes Yes Yes. Instead of making billions and billions of dollars, the music industry is only making billions of dollars." Check out the cartoon I am quoting from at dontbuycds.org. Force the recording industry to change by boycotting their products until they do.

      --
      How ya like dat?
    19. Re:RIAA by NortWind · · Score: 2, Interesting
      "spell out the whole deal in detail on how royalties are computed."

      The parents parent was refering to "artists' royalties" which can be nothing (or less in some cases). A famouse example, the "Dixie Chicks" getting less than $1M on over $200M sales. That's less than a half-penny on the dollar.

    20. Re:RIAA by NortWind · · Score: 2, Informative

      I like to get Cd's from CD Connection. I've been ordering from them for over a decade, online since 1990. The prices are still high compared to the old vinyl albums, but lower than the prices you quote.

    21. Re:RIAA by rodgerd · · Score: 2

      Indeed. One of Avalon's books spells out how easy it is for artists to end up in the negative - "earning" a loss on albums.

    22. Re:RIAA by Anonymous Coward · · Score: 0

      >And so on and so forth. If you want to make a case against the RIAA, by all means, do so. But please stop artificially inflating CD prices. It just hurts ones credibility, in the end.

      I guess then that the $40.00 I paid for a CD last week is my artifically inflating CD prices. [ One CD in the jewel case. ] I would put the title and artist down, if I knew how to input CJK characters on slashdot.

    23. Re:RIAA by Galvatron · · Score: 2
      Actually, according to the Media Play webpage, the Linkin Park CD is $14.99. I'm guessing the same goes for all the other prices you quoted. Add 8.5% sales tax (most of California is between 8 and 9%), and that yields a price of $16.27(tax always rounds up). If you order online, that'd be more like $5 in shipping instead, for a total of $19.99

      You're right, unless you go to somewhere absurdly overpriced, CDs don't cost $18. But they're not far off, either.

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
    24. Re:RIAA by Anonymous Coward · · Score: 0

      DJ Sammy's recent CD was $21.99. Thats the last CD I've bought from america in the past 5 years.

    25. Re:RIAA by Anonymous Coward · · Score: 0


      Dear RIAA,

      Horses and carts are obsolete in this day and age. So shall you. Your obsolete, expensive, distribution infrastructure will soon be worthless.

      Fight all you want... not gonna make any difference.

    26. Re:RIAA by MushMouth · · Score: 2

      Ameboa has plenty of CD's for $1-$10 used. The new stuff usually is $12-$14.

    27. Re:RIAA by FattMattP · · Score: 1

      Thanks. I'll check them out.

      --
      Prevent email address forgery. Publish SPF records for y
    28. Re:RIAA by thogard · · Score: 2

      The RIAA only cares about its own music

      How wrong can you get? The RIAA doesn't care about any music. They care about protecting their members and their members don't care about music either. They only care about selling little plasic things.

    29. Re:RIAA by Svartalf · · Score: 2

      The Spiderman Soundtrack was $17.99 in most locations. Some titles are reasonable, some are not. You're just interested in titles that are going to be cheaper.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    30. Re:RIAA by Methuseus · · Score: 1

      Go into a large city. I've read some people's accounts of $18-25 per CD in New York, well go to the big stores in Chicago and it's the same story. Even the suburban Targets are high. You have to go pretty far away from the city to get to where CDs average $14 around here.

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
    31. Re:RIAA by LuYu · · Score: 1

      That's great that the average price is not $18, but there are still CDs that sell for that price. The average price of the examples you gave is still $13.375. Considering that the market value of these things without a monopoly should be somewhere under $5, the RIAA is still abusing the laws.

      DVDs should cost between $5 and $7. CDs should be less. They are stealing your money at the record store.

      And now they want to add a further measure of defence or their monopoly by legislating alternate avenues for music distribution out of existence. As the posting said:

      ...the RIAA is less concerned about piracy and more about the low barrier of entry into the online music business.
      High barriers for entry mean they can steal from you with impunity.
      --
      All data is speech. All speech is Free.
    32. Re:RIAA by WWWWolf · · Score: 2, Interesting
      Here in holland it used to be 45 guilders and thus now 22 Euros...

      In Finland, about the same prices. But coincidentally, DVDs cost around 25 euros and computer games 40-50 euros. With this prices, what do you think is more likely for me to buy? Some people commented that music industry is not losing money because of the net piracy but rather because people are rather buying DVDs and games instead - and with pricing like this, it's not a wonder...

      Yeah, the audiophiles like to say how owning and going to buy CDs is an experience in itself, but it's an expensive experience these days and just not worth it.

      With prices like this... Thank you, I think I'll concentrate my music "purchases" around remix.overclocked.org and remix.kwed.org, at least they have music that interests me most. Seriously.

    33. Re:RIAA by billcopc · · Score: 1

      Ok see, 18 bucks for GOOD music. That's discount candy pop. Linkin Park ? Geeze! Try some Mushroomhead my friend.

      --
      -Billco, Fnarg.com
    34. Re:RIAA by krinsh · · Score: 1

      Whoohoo thanks for that one... my wife and I buy a considerable amount of things online because we don't really have time to get to a decent mall from where we live; and this will add to the list.

      --
      I think with the interesting people, their lives can't possibly be wrapped up into a nice little package.
    35. Re:RIAA by Anonymous Coward · · Score: 0

      Not to mention the fact that E 22,- is HFl 48.62 - which makes for a nice 8% price increase anyway...

      But then, everybody is doing that: supermarkets, hairdressers, restaurants (those especially - I've started avoiding them), just about all prices have gone up 10%. The one thing that did not go up appears to be my salary...

  2. explains it by Anonymous Coward · · Score: 2, Insightful

    this could be why, no matter how many studies say otherwise, the music industry is still very persistant on saying piracy hurts them...

  3. Freeware?? by Anonymous Coward · · Score: 0

    So where can I download the appropriate software? Anyone...

    Thanks

    1. Re:Freeware?? by Anonymous Coward · · Score: 0

      www.google.com

      Kids these days are so fucking lazy.

    2. Re:Freeware?? by Anonymous Coward · · Score: 0

      Gee! I thought you might really know something... You may have downloaded something from a URL you were directed to on Google, but I seriously doubt that you have ever downloaded anything from "www.google.com".

      BTW, Thank you.

    3. Re:Freeware?? by Anonymous Coward · · Score: 0

      I seriously doubt that you have ever downloaded anything from "www.google.com".

      You fucking retard. How the hell could you see your search result page without downloading it?

    4. Re:Freeware?? by MattCohn.com · · Score: 3, Informative

      Nullsoft maker of the popular Winamp software is also maker of the Shoutcast streaming media server. It works with all copies of Winamp, iTunes, and a handfull of other players. It is efficient, configurable, and availible for Windows 95/98/ME/NT/2000/XP, Mac OS X, FreeBSD, Linux, and Solaris. Besides that, you reach that huge market share which refuses to use the bloatware that is RealPlayer. It works by running on a machine connected to the internet, and then you can connect to it with the ShoutCast Source plugin availible for Winamp availible here. You can do this eather from a dedicated computer, or the same one running the server. You choose wether you want to stream whatever Winamp is playing, or if you have another input you can choose to use the soundcard. How I am streaming MY online station is a program called QuicPix made by the same people who do the wonderful iMediaTouch automation system going out the soundcard, into a mixer with a CD player and microphone, and then going back into the same computer where winamp sends it to Shoutcast ALSO running on the same computer.

  4. duh? by dermusikman · · Score: 5, Interesting

    i thought this rather clear from the very beginning... or perhaps i assumed too much.

    i really came to understand just how much power we have (and how little they do) when my father suggested the industry was going to develop a new medium and that CDs would be obsolete, i rebutted: "well, the RIAA may make something new, maybe even better - but CDs won't die easily. anyone can publish their own music, now, at a nominal cost..."

    they have lost the power because they lost the monopoly. and they're scared as hell. that seems to be typical in many industries now...

    1. Re:duh? by Anonymous Coward · · Score: 0

      it is assuming a bit much... the slashdot community is quite biased b/c pretty much everyone in here knows what their doin'. but other people don't: I met an artist that had lots of works being "pirated" and asked him what he thought of napster (which was big at the time).
      He gave a response that didn't really say which side he was on and then spoke of somthing else... so people who are loosing money off of this sometimes don't even know it. this guys works they show up on nearly all p2p apps like Imesh, kazaa: people were stealing his works without him even knowing... he was a bit surprised...
      so not everyone knows everything egghead

    2. Re:duh? by treat · · Score: 3, Insightful
      i thought this rather clear from the very beginning... or perhaps i assumed too much.

      This should be clear to everyone, but people forget quickly. Just as people consider it a new and shocking claim that the US's war in Iraq has something to do with oil.

    3. Re:duh? by That_Dan_Guy · · Score: 2, Insightful

      Jeff Patterson of IUMA started this years ago. I remember talking to him at the time (I was the original drummer in the Ugly Mugs back in High School) and him constantly worrying how it was the Labels were going to close him down. I went to Taiwan not too long after that, and when I came back found they'd forgotten about him and unsigned bands because Napster was distributing all their cash cows for free.

      In a way, I think Napster helped kill the idea that unsigned bands could easily be successful by publishing their stuff on the Internet (and getting free airtime). I mean, if you can download all the Van Halen songs out there, why would you spend a lot of time looking for the next Eddy?

      People go with what their familiar with, and Napster&Co helped keep unsigned bands down and the labeled bands up.

      I don't know what the consensus is among unsigned artists anymore, but the few I talk to anymore agree it is hard to get heard on the Internet with all the file swapping of big name bands.

    4. Re:duh? by D+iz+a+n+k+Meister · · Score: 0

      In a way, I think Napster helped kill the idea that unsigned bands could easily be successful by publishing their stuff on the Internet (and getting free airtime).

      Was that really an idea? Doesn't really follow if you ask me. I guess it depends on what you mean by *successful*.

      They will be successful at providing access to their music. Providing access per se does not guarantee that anyone will listen to your music(believe me, I've played enough empty bars to know).

      Internet access to music really only helps someone hear you if they are looking for you, like in your Van Halen example. But isn't that really all there is, or ever was, to making a successful band--getting someone to *look* for you? I guess the idea that any band could be *easily* successful doesn't make sense to me.

      --

      He painted a unicorn in outer space. I'm askin' ya, what's it breathin'?
  5. Why are you dodging the issue? by Anonymous Coward · · Score: 0

    RIAA should be concerned about handing out free sandwich!

  6. Prevention? by Smidge204 · · Score: 5, Insightful

    I'm thinking, despite the RIAA doing everything possible to reinforce their crumbling kingdom, isn't it already too late?

    Maybe I'm overestimating the intelligence of the public, but if technology exists today that enables people to trade and distribute information freely (music, in this case), and such technology is in use literally everywhere you look, how can you really stop that? Even if you implement some new technology that enables you to stop the exchange, the old systems are still out there.

    I don't see how the RIAA can really stop Joe Musician from burning his own CDs and selling them through his webpage. The best they can hope for is to criminalize it, right? Wouldn't it just go 'underground' like software piracy at that point?
    =Smidge=

    1. Re:Prevention? by Jungle+guy · · Score: 5, Interesting
      I live in Brazil, an and artist named "Lobao" has done just that. He was tired of being ripped off by record companies, that wouldn't pay him his copyright fees (as they control the retail channel and can underestimate the sellings), and started his own record company. His marketing strategy is based on his website, where you can buy his Cds, his shows and word-of-mouth - he was well-know before doing that.

      He is not interested in fighting Napster or Kazaa, as most of the songs you find there are MP3s in the 128 bitrate area - real fans aren't satisfied with them. To win the piracy, he simply sets the price of his records to a half or a third of other companies. As people see this as a fair price, they are willing to pay for it and support the artist.

      Now his label is promoting new artists, who wouldn't have a chance in the big, payola driven, record companies.

    2. Re:Prevention? by Subcarrier · · Score: 3, Insightful

      isn't it already too late?

      Oh, yes. Pandora's box is already open and the winds of change are blowing. No matter how big an ass RIAA has (is?), it's too late to sit on this.

      What I really hate is the amount of consumers' money that is being expended to postpone the inevitable. I would like to see tech companies dreaming up cool new things, rather than concentrating on complicated DRM technologies will be DOA. I definately don't want to pay a tax that goes to support a dying industry.

      --
      "I have opinions of my own, strong opinions, but I don't always agree with them." -- George H. W. Bush
    3. Re:Prevention? by Soko · · Score: 3, Interesting

      Good for Lobao! Wish I could read Portugese...

      This is what needs to happen elsewhere! This is where artists need to go - direct to thier listeners.

      If I had the business smarts/time/money, I think I'd start a company that did one thing only - helped artists go direct to the public like this guy did. Help them set up a web site that provided thier listeners with such services as:

      - buy pre-made CD
      - burn tracks direct
      - special recordings (my wife would flip if I got Creed to sing a song just for her - worth mucho $ to me)
      - lots of other cool stuff
      (Sorry - I have to...
      - ????
      - Profit!!!!)

      I'd also provide the promotion needed to get people to the site. You would then be certain that your money is going to the artist in question, not some (In My Humble Opinion)looney executive's pocket.

      There are other hurdles to clear - radio play being a major obstacle - but I bet it would work.

      Soko

      --
      "Depression is merely anger without enthusiasm." - Anonymous
    4. Re:Prevention? by TMB · · Score: 2

      Sounds like you're looking for something like The Orchard.

      [TMB]

    5. Re:Prevention? by Soul-Burn666 · · Score: 2, Insightful

      Actually, keep the "Profit!!!" and remove the ???s.

      Maybe it'll not be as much huge monatry like the record companies make, but more like emotional profit. Both the artist and the people profit.
      The artist doesn't need to work too much to create an album and distribute it (except for the actual musical work, ofcourse)
      The customer gets to listen to many different artists at a reasonable price.

      Both not feeling ripped-off.

      --
      ^_^
    6. Re:Prevention? by GigsVT · · Score: 1

      What I really hate is the amount of consumers' money

      This isn't the government we are talking about here. The consumer spent their money. How the RIAA spends that money is their business.

      I definately don't want to pay a tax that goes to support a dying industry.

      Then don't buy anything that supports them.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    7. Re:Prevention? by Reziac · · Score: 5, Insightful

      Radio play is only relevant if you're signed by an Approved Label anyway -- try and get your garage band's single (no matter how good) commercial radio air time without going thru the RIAA machine to RIAA-approved radio outlets.

      But that's a related point: independent artists won't need RADIO anymore either. And if enough ears go elsewhere, that means radio won't draw the big advertising bucks anymore. This in turn will impact how much it's worth to buy air time for any given song. After a certain point, the entire current system could become untenable.

      There are a lot of layers of financial interests here, but they do all boil down to *controlling the distribution channels*, which in turn controls where the money flows. (Which I've been saying every time this topic rolls thru Slashdot. And now some news organ picks up the story? Obviously they've infringed my copyright! :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    8. Re:Prevention? by Anonymous Coward · · Score: 0

      A consumers money is never wasted so long as it exchanges hands.

    9. Re:Prevention? by LuYu · · Score: 1

      Answer: DRM

      If your processor prevents it, it wont happen. Unless you happen to have a chip fabrication facility in your back yard...

      --
      All data is speech. All speech is Free.
    10. Re:Prevention? by Anonymous Coward · · Score: 0

      This kind of thinking will destroy the economy! Thinking that reasonable priced items will actually make the thieves and pirates buy them? are you nuts? Everyone knows that $18.00USD per CD is cheap and the actual proce should be at $28.00 each... CD's are a loss leader... and out of the good hearts of the leasers of the RIAA do they sell them at such a discount.

      Ok, sarcasim off....

      Yes, IN EVERY MEDIA video, audio and data... if your price is a sane price people will buy it instead of copying it.

      until the movies, records and the idiot programmers realize this....

      nevermind the idiot programmers will NEVER recognize this... they're too busy trying to become rock-stars by overcharging for the crap that they spew forth...

      the only real talent in the world is the indie movie makers, the indie music artist and the GPL programmer... everyone else is a talent-less ankle-biting hack.

    11. Re:Prevention? by muzkfan · · Score: 1

      There are no "RIAA-approved" radio outlets. Radio stations don't play songs by artists that are not on labels because the labels aggressively promote their music to the stations. There are only 3-5 new songs added to a playlist per week. Labels have relationships with these stations and bring them incentives to play the songs, such as in-studios, contests, performances at radio station events, etc. These relationships get them priority with their new songs. And, the stations do research on what the audience wants to hear. They have increasingly gone for a mass market approach, because it gets more listeners which makes them more money with the advertisers.

  7. Well, DUH! by Verteiron · · Score: 5, Informative

    Anyone who's watched the actions of the RIAA over the past few years can see this. Everything they've done to "squash piracy" has also, incidentally, made it more difficult to distribute music. We've yet to see a single sign that they might be trying to adapt to a changing world; every move has been to stomp, stomp, STOMP out new distribution methods and technologies.

    The only good thing to come out of all this is that if they continue their currect practises, they'll render themselves irrelevant...

    --
    End of lesson. You may press the button.
  8. from their side, hell yes. by Em+Emalb · · Score: 5, Insightful

    Of course they are trying to do this.

    Good grief. It's obvious to me, if you have a business model based on total control, and something comes along to challenge that control, you do one of three things:

    Adapt

    Squelch competition in any manner necessary

    Die

    Of course, it causes much pain and suffering on the parts of the musicians, the djs, and last but not least, Mr Average Pete. (Joe gets too much credit)

    --
    Sent from your iPad.
    1. Re:from their side, hell yes. by Em+Emalb · · Score: 0, Flamebait

      Don't you just love freedom of speech?
      BTW, I think it's time for you mommy to log on and check oprah's website, isn't it? Be a good little boy and logoff now. Or do you have more little snide remarks?

      --
      Sent from your iPad.
    2. Re:from their side, hell yes. by Anonymous Coward · · Score: 1, Funny

      "Blame me" is a racial name? Man I *have* been asleep a while... what is he, Canadian?

  9. Raising barriers. by bl968 · · Score: 5, Insightful

    Most companies want to make it harder to compete with them in their business sphere of influence. It's little surprise that the recording industries want to do the same. What the recording industries will end up facing is the fact that consumers are getting fed up with their tactics and this will eventually turn around and bite them in their ass hard. I personally will no longer go out and buy music. Not because I am pirating their content but because I got very tired very quickly of their assuming I was a thief. When enough people come to this decision then the recording industries influence will lessen and the balance can tip back towards the consumers.

    --
    "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    1. Re:Raising barriers. by Anonymous Coward · · Score: 0

      >Most companies want to make it harder to compete
      >with them in their business sphere of influence.

      But when they cross the line and start to infringe on the most basic rights, their ability to "make it harder to compete with them" should be checked.

  10. Well, there's a shock. by JKConsult · · Score: 5, Insightful
    Really? I mean, for all the posturing and evil acts they've committed over the past few years, I had no earthly idea that the RIAA was trying to make it more expensive (via penalties, subscription costs, or whatever they're shooting for these days) for me to trade music.

    However, I disagree with the first thesis of the article on face. The RIAA could not give two shits less where their fees come from. I promise you, if Satan himself (the real one, not Hillary Rosen) were to bring them a business plan, they'd jump on it. So, why do they care about the startup costs of traditional, "terrestrial" radio stations? They don't. They just want to receive money whenever "their" music is played. They don't care if it's net stream, radio, or on TV commercials. Say what you want about the RIAA (and you can start by saying they're rat-bastard pieces of shit), but one thing they're not about is caring who it is that gives them money.

    This whole article reads like it was written for the back of a cereal box.

    1. Re:Well, there's a shock. by obsidian+head · · Score: 1

      Yes they care. They harm their relationship with distributors otherwise. And they really control their brick & mortar distributors -- but not these new ones.

    2. Re:Well, there's a shock. by jez9999 · · Score: 1

      If they don't care WHO gives them money, why aren't they trying to impose 'pay per play' charges equally on terrestrial broadcasts, as well as webcasts? Or if they can't work out how many listeners a terrestrial station has, at least start charging them per song as opposed to a flat rate yearly charge? They do *indeed* seem to be picking on webcasters.

    3. Re:Well, there's a shock. by WeaponOfChoice · · Score: 5, Insightful

      The difference for the RIAA is one of scale I believe. It is far easier for them to extract royalties from a single corporate entity (lets say ClearChannel for arguements sake) with large revenues than from 1600 smaller concerns who are much more frugal with their money as their operating profits are smaller (or nil).
      Executives in the RIAA know how to make the former type of deal. What they are not dealing with well is the idea of having to deal with thousands of companies (perhaps even tens or hundreds of thousands) all of whom are going to want their personal perspectives considered when it comes time to pay up.
      The article states that: "...cheap and easy distribution of media devalues the obsolete distribution methods they make their fortunes on." and this applies equally well to the royalty collection practice. If the RIAA cannot take advantage of the economies of scale offered by large scale distributers (radio/retail et al.) they risk being sucked into a system that may cost them as much to administer as they stand to make from it.

      --


      It's not that I'm Anti-American - I'm Pro-Freedom
    4. Re:Well, there's a shock. by desdemona · · Score: 2, Interesting

      Having helped developed the world's premiere publishing and mechanical royalties accounting system (tm), I can tell you that even now - without the 'hundreds of thousands' of extra publishers - it's a nightmare. Royalty statements for even small publishers or labels run into thousands and tens of thousands of lines sometimes. The whole system of royalty collection is very very complicated, messy and time-consuming. There's no way that the systems - both computer and the societal, legal systems - could cope with such an expansion. It's just not feasible.

    5. Re:Well, there's a shock. by haggar · · Score: 2

      I don't agree, because RIAA's attitude has always been "We want all the money", not "We want more money". That's why RIAA has always tried to control. Comprehensive control of the whole chain, up to the point where the music they sell you can not be copied for backup! There is a software company with exaclty the same attitude, a software company not anymore happy with selling you software, they want to control where you install that software; and more than that, they now want to rent you software so that you have to pay for it on an ongoing basis. Guess who they are? Hint: it's Microsoft.

      And as we are happily chitt-chatting, RIAA is coming up with schemes where they can rent music in digital form, which expires or just can't be played on unauthorized equipment. RIAA is coming up with ways to rent you music, where your freedom will be even more controlled.

      --
      Sigged!
    6. Re:Well, there's a shock. by Mahrin+Skel · · Score: 1

      The RIAA doesn't get paid by terrestrial radio stations. Far from it, they pay the radio stations to put songs on their play lists (not directly, it gets washed by a "promoter"). --Dave

  11. Whatever you call it.. by mumblestheclown · · Score: 2, Insightful
    "Curbing piracy" and "conrolling alternate means of distribution" mean the same thing when the alternate means are (like it or not) illegal.

    If some new means of distributing content would hurt the bottom line of the RIAA and may not be legal, in our adversarial capitalist world it's the RIAA's job to try to squash the new means, the new mean's job to fight back, and for the courts to decide where the line should be drawn given the ultimate goal of the granted-not-natural right of copyright to encourage the creation of useful arts for generations to come.

    1. Re:Whatever you call it.. by Anonymous Coward · · Score: 0

      So you're saying that it's the American way for a monopoly to try and make it's potential competition illegal? And the courts should decide who gets the monopoly and who should obliterated? Doesn't quite sound right.

  12. Small business argument... by Anonymous Coward · · Score: 2, Informative

    Ok. So this could be the "small business argument", if it is a decent way to make money, then it should be presented to the NFIB, America's most powerful small business lobbying organization.

  13. The Internet Is Great For Musicians by MBCook · · Score: 5, Informative

    Well it's really too bad, because the internet is a great way for bands to find audiences. I can think of quite a few bands whose CDs I've bought who I never would have found if it wasn't for Napster/KaZaA/etc. Bands like Moxy Fruvous (a canadian group) I had never heard of. I think I MIGHT have heard one of their songs once. But really they get no radio play (at least that's what it seems like to me). I found them because of Napster, and now own every CD they've made because of it. A large chunk of my music collection came this way; because as it's been said, I can't afford to drop $20+ on a CD from a band I've never heard of. But if I go online, download a few of their songs, I can find out if it's worth it. If it is, I buy the CDs. If not, I ditch the files. It seems to me that more and more artists will start to hate the RIAA and come out against them. Prince (?) did this a little while ago, but hopefully the next artists to come out won't use "i sp34k no CAPS im srt-hnd for u and r smart at what 'dey speak." I don't know how many good points he made in what he came out with, I couldn't read past the 1st line without a major headache and thinking he was an idiot. I'm sure that's not true, I've seen interviews with him on TV, but anyone who types like that instantly looks like an idiot to me. I guess I'm really ramblin' here. So in summary: RIAA bad, internet good, trading good, l33t im srt-hnd bad.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    1. Re:The Internet Is Great For Musicians by /dev/trash · · Score: 1

      I wonder if the RIAA realizes this? I used to listen to KPIG all the time and I actually bought CD's after listening to some of their playlist. I had never heard of Ashley MacIsaac before then. So by listening to an online stream I was pursuaded to get the whole album. KPIG and the like are going to have either shutdown or be for-pay and I won't listen. So I won't buy CD's.

    2. Re:The Internet Is Great For Musicians by UnknownSoldier · · Score: 1

      > Bands like Moxy Fruvous (a canadian group) I had never heard of. I think I MIGHT have heard one of their songs once.

      Might of been their a capella version of Spiderman. Cracks me up everytime I hear it.

      Lyrics:

      Spiderman, Spiderman
      Friendly neighborhood Spiderman
      Is he strong? Listen bud,
      He's got radioactive blood
      Hey there, (where?) there goes the Spiderman

      Spiderman, Spiderman
      Does whatever a spider can
      Shooby-doo, rocksteady crew
      Find him an octoped ingenue
      With flair, (hair!) there goes the Spiderman

      In the heat of night at the scene of crime
      With the speed of light he arrives just in time

      Well, no red-blooded boy or girl would miss this Sunday's appearance of Spiderman at the local county fair, unless, of course, they're at home with their collections.

      Spiderman's master plan
      Build his own little spider clan
      In the woods, now they're troops
      Fighting for special interest groups
      Look out (where?) wherever there's a bang-up (there!)
      You'll find a great big hang-up (scare!)
      You'll find the Spiderman

      Scoobydoobydoobydoobydobow!
      My spider sense is tingling
      Sure is, In such films as: Spidey Goes Speed Racing! Spidey Hawaii! Spidey's Girl! Spidey My Pal! Spidey The Underwater Adventure Seeker! Spidey The Fun Licker! (Laughter) Spidey: A Drink For All Ages!

      --
      "Geometry without algebra is dumb!
      Algebra without geometry is blind!"

  14. Re:from their side, hell yes.--"The odd zone" by Anonymous Coward · · Score: 0

    Well I can see the "hellhold" when it comes to doing something put out by an artist that they "own". But how would the RIAA "squelch" what an independent puts out? They obviously can't say "you must publish through us". No contract, no control.

  15. non-RIAA music by r5t8i6y3 · · Score: 5, Interesting

    there a quite a few Internet radio stations that don't broadcast RIAA music.

    what i'm interested in is what RIAA could due to make this impossible, because this is something that will weaken RIAA in the long run.

    put another way, what can RIAA do to prevent non-RIAA music from becoming more and more popular?

    1. Re:non-RIAA music by Soul-Burn666 · · Score: 1

      They'll say it's illegal, regardless...

      They took down AudioGalaxy even tho most of the music there isn't from RIAA music.

      They'll say: "If it can be used to 'steal our precious RIAA music' it must be shut down! We don't care they don't play RIAA music."

      --
      ^_^
    2. Re:non-RIAA music by Anonymous Coward · · Score: 0

      There is SOOO much good music out there... Lots not controlled by the RIAA.

      Lets just boycott the music under their control. Commercial radio sucks ass.. their music is hyped up commercial rubbish.

      With the massive amount of awsome musical talant out there that are not "mainstream", people should just get their music from their sites and never bother to go to TOWER records to get their tunes.

      This technolocy is there, but few people are using it.

      So, the next time your head craves for more tunes, then go to your favorite bookmarks of tune sources, and buy your tunes from those independent artists that work so hard for very little.

      It's already happening of course.... explains the loss in sales (they are blaming piracy - when in actuality their music is so "plastic" and "crap" that nobody is buying it)... when they can listen to this rubbish on the airwaves that have playlists of just 60 tunes, so why would you buy the tune when you KNOW you'll be exposed to it at least 60 times a day, like it or not.

      YOu just can't get away from airwave radio these days. They are everywhere... in shops, in cars, outside... you can't avoid them.

      Now, there is an alternate... iTunes, and a zillion other MP3 players, so now the independent musician now has a distribution network NOT contolled by the RIAA, so lets use it people... then the RIAA will HAVE to change or be irrevellent.

    3. Re:non-RIAA music by bwt · · Score: 3, Informative

      there a quite a few Internet radio stations that don't broadcast RIAA music.

      Please, name some.

      Somebody below posted www.rantradio.com which plays non-RIAA industrial.

    4. Re:non-RIAA music by rhizome · · Score: 2
      there a quite a few Internet radio stations that don't broadcast RIAA music.

      what i'm interested in is what RIAA could due to make this impossible, because this is something that will weaken RIAA in the long run.


      They will accuse a radio station of playing RIAA music. Since a civil suit has a presumption of guilt, the station is therefore forced to prove they aren't playing any RIAA music. How? By incurring the overhead of what is required of Official RIAA-licensees: tracklists. While not a bad idea as a preemptive defense move, perhaps a better idea is to have all submissions accompanied by an affadavit of independence. Also, maybe the DJs (if any) will also sign something attesting to their commitment not to play RIAA music. Perhaps those will be good-faith enough for the courts to bounce back to the RIAA to supply proof of infringement.
      --
      When I was a kid, we only had one Darth.
    5. Re:non-RIAA music by smcn · · Score: 1
    6. Re:non-RIAA music by autechre · · Score: 2


      Well, there's...um...us. We don't exclusively play non-RIAA music, because we're a small station at a diverse university, and we wouldn't be able to get enough DJs if we restricted our format that much (you can see the gaps in our schedule as it is, and thanks to the RIAA, we can't play music unattended during those gaps anymore [we're working on a way around this]).

      But I think a lot of the DJs we have _do_ have good shows, and we mostly play music from smaller labels, many of whom are not affiliated with the RIAA. Yes, we also play stuff like okgo, but:

      1) They're good
      2) I saw them play for over a year before they were even signed to Capital, so I still have trouble thinking of them as "mainstream" :)

      IOW, we're not going to stop playing Tool and Radiohead just because commercial radio figured out that they're good, but we are going to have smaller bands and labels as our main focus. You can check out an expanded version of our musical philosophy here:

      http://wmbc.umbc.edu/?theurl=purpose.html

      I'm also working on an open source package for radio stations; right now, it keeps a database of CDs, allows DJs to enter their spins using a Web interface, and does some statistics (Top 30 for submitting to CMJ, overview of spins viewable as a list or schedule, etc.). All I need to do is tie this into some icecast log analysis for RIAA tracking purposes, and I hope to have something (after some cleanup of yucky code) that will help out other stations. Yes, we're using it now; help would not be unwelcome :)

      (We don't currently have enough listeners to go above the minimum fee for the data we've been tracking [only started tracking it with RIAA accuracy as of this semester], so that's why the tie in with icecast isn't yet complete.)

      --
      WMBC freeform/independent online radio.
    7. Re:non-RIAA music by autechre · · Score: 1


      Oh, and please don't blame the terrible Web page with its silly "?theurl" crap and Win 3.1 Hot Dog Theme look on me; I only write the music database software, review music, and have a show. I am in no way responsible for that Web site (though I did write the musical philosophy), and have often protested it :)

      --
      WMBC freeform/independent online radio.
    8. Re:non-RIAA music by mshiltonj · · Score: 2

      put another way, what can RIAA do to prevent non-RIAA music from becoming more and more popular?

      Is there a directory or reposistory of explicitly non-RIAA music somewhere?

    9. Re:non-RIAA music by rustman · · Score: 2, Interesting

      Just because it's non-RIAA music doesn't mean it's not covered by the DMCA and is exempt from CARP fees.

      The DMCA authorized SoundExchange to collect royalties on behalf of ALL copyright owners. So unless you don't have explicit permission to play the recording (aka a "waiver") and the recording is not in the public domain, you have to pay SoundExchange (a division of the RIAA).

    10. Re:non-RIAA music by IPM+Macross · · Score: 2, Informative

      IPM Radio (www.ipmradio.com)

      AudioTek Live (www.detroitelectronica.com)

      Murknet (www.murknet.com)

      Actually, it would take all day for me to list them all. (everything from avante garde to zydeco is out there streaming from somewhere.)

      We don't have the flashiest web sites or tens of thousands of listeners, but I assure you, non-RIAA music stations are out here.

    11. Re:non-RIAA music by IPM+Macross · · Score: 1

      I wish. Some people are trying to build them, but the scope of such a thing is ... daunting to say the least.

      What we're doing at IPM is entering every detail about every label, artist and album ever submitted in the last 4 years into a custom database and then from their sending waivers to all those contacts (copyright holders) which will be signed and returned.

      The waivers will grant IPM immunity from the RIAA fees by giving legal proof that the copyright owner(s) and or distribution owner(s) agree to IPM playing their music without royalty. The waivers will also guarentee to the copyright owners that IPM won't go commercial and try making a profit off broadcasting their works.

      A nice side effect of this project is there will be a really neat database of all kinds of non-RIAA music. It will hardly be all-encompassing, but it's a start.

    12. Re:non-RIAA music by IPM+Macross · · Score: 1


      This in itself needs to be taken to court. Every single artist I've spoken to is furious that someone is extorting money from webcasters on their behalf without asking.

      This law was written with the same logic that spammers use to justify my inbox all day. "opt-out" is a crappy advertising model and it's a crappy law model.

    13. Re:non-RIAA music by bwt · · Score: 2

      Thanks!

      All I can say is that somebody needs to take the time to list them all. This would be a great genre for one of those "Top-N" sites.

    14. Re:non-RIAA music by muzkfan · · Score: 1

      The RIAA couldn't do anything to make that impossible, not would they want to. They want their members to be able to be compensated when their music is played on a webcast. What's so wrong with that? The law applies to all labels, not just the ones with the RIAA. And the musician's portion goes straight to them, not to the label. For years, songwriters have been getting paid from radio airply, but artists and labels never have. Now there is a way for them to be paid for webcasting and it's even affordable for small webcasters (% of revenue or expenses, whichever is greater). What's so wrong with giving music creators money for their work?

  16. Time to vote with your $$$ by rotwhylr · · Score: 5, Insightful

    If you are fed up with the RIAA and their backdoor legal manuvers, boycott RIAA artists and the stations that play their music. Find and support local and/or web-based artists and the broadcasters who support them.

    Creating your own music or 'net radio station hasn't gotten any harder. This is simply new incentive to dump mass-produced drivel right where it belongs.

    (crinkle, crinkle, STUFF)

    --
    -- Windows is not simply installed on a computer; it is inflicted.
    1. Re:Time to vote with your $$$ by Anonymous Coward · · Score: 0

      Mod parent up.

    2. Re:Time to vote with your $$$ by Anonymous Coward · · Score: 0

      I've been boycotting RIAA artists and the stations for the last 7 years.

      So far it has not made any difference whatsoever.

    3. Re:Time to vote with your $$$ by rotwhylr · · Score: 1

      If you lived local to me, it would make a slight difference because I probably would at least buy you a beer for your trouble (assuming 21+). I'd say you probably have made a difference, albeit a small one.

      7yrs x 1CD/month = 84 CDs not purchased at $12/CD = some piddly little amount of money to RIAA, but = big difference to small independent band.

      The big impact on the RIAA would be that over time, you (plus a bunch of other pissed off music consumers) might actually do to the RIAA & record labels what they THOUGHT Napster was going to do to them: cause a measureable dip in revenues.

      If you were hoping that by your actions you could make Britney Spears go away, well ... keep trying. We're all behind you.

      The thing here is not just to boycott, but to take the $$$ you saved and support bands you DO appreciate. ( ... and buy beers for people who buy you beers)

      #setenv RANT=false

      --
      -- Windows is not simply installed on a computer; it is inflicted.
    4. Re:Time to vote with your $$$ by jwilcox154 · · Score: 2, Interesting

      A Couple Problems with that Idea, 1. Teens would still "Have to have" the latest copy of the latest "Cookie Cutter Band of the year", and 2, the RIAA would just blame it on Piracy and pass new laws to elimin^h^h^h^h^h^h curb Piracy, as the old saying goes, "He Who Pays The Piper Calls The Tune".

      If CON is the opposite of PRO, Shoudn't that
      make CONgress the opposite of PROgress?

    5. Re:Time to vote with your $$$ by Erno_Rubaiyat · · Score: 1

      If you want music, but do not want to line the industries pockets with gold, buy used cds. But wait this is yet another form of music piracy and I am sure there are plans to stop this too.

    6. Re:Time to vote with your $$$ by thogard · · Score: 1

      In the past year I think I've bought 5 CD's from bands. Here in Melbourne Australia, the music scene is turning bad. Most of the places that used to have orignial music are now just coverbands. Its quite sad.

      Some of the bands greed to have some of their work on the net http://www.ozmp3.com/bands.html

  17. The Ball is in our Court by bwt · · Score: 5, Interesting

    The ball really is in our court. The barrier to entry IS lower IF you are publishing music that grants the right to play it. The RIAA controls huge amounts of music that will never be legal to stream for free, but that doesn't mean that if I go out and make my own music that I can't make it "free music" as in "free software". This situation is NO different than the battle against proprietary software. Instead of trying to get RIAA music for free, we need to promote all new music.

    I really don't see why it would be so hard to set up a net radio station and say "send us your music under a licence that allows it and we'll play it". Frankly, if somebody could post a link of a net station doing that right now, I'd be listening too it.

    People out there need to stop whining about how evil the RIAA is, that is old news. Just make, play, and listen to free music. That's all it takes.

    1. Re:The Ball is in our Court by namespan · · Score: 4, Interesting

      I really don't see why it would be so hard to set up a net radio station and say "send us your music under a licence that allows it and we'll play it".

      I'd like to get this straight. I've been told a number of contradicting things here. Some folks say that they CAN hit you for webcasting fees, whether or not you have permission from the copyright holders. Some folks say they can't do it justly, but they can harass you.

      This has come up a fair bit in the context of a discussion inside of a non-profit musician's organization I work with. We actually get booking at a chain of bookstores (Border's) because our members do original music... presto, no ASCAP dues! But we're not certain we're on totally solid ground...

      --
      Libertarianism is rich wolves and poor sheep playing gambler's ruin for dinner.
    2. Re:The Ball is in our Court by bwt · · Score: 3, Insightful


      Of course you can publish for free if you have the permission of the copyright holder. Since every original thing you say is copyrighted, to suppose otherwise would say you have to pay fees to talk.

      In fact, the fees are proportional to the number of ASCAP song listenings, so if that number is zero, then the fees are zero. If they hassle you, send them a check for $0.

    3. Re:The Ball is in our Court by Anonymous Coward · · Score: 0

      HI,
      Actually the 'internet radio ball' is in their court. It is ILLEGAL to play music on an internet radio station....reguardless of what you are playing...unless you pay the .0730483 cents a play. Even if this was my music...I would have to pay the riaa. And they would reimburse me(yeah right).
      sam

    4. Re:The Ball is in our Court by bwt · · Score: 2

      No, that is totally false, and in fact what is actually happening is proving you wrong.

      The law provides a "gap filler" that applies in the absense of an explicitly negotiated contract. For example, SoundExchange, the RIAA's organization for collecting the fees is waiving the rate set by the LOC and allowing anybody who qualifies for small webcaster status to pay the $500 which would be the minimum, regardless of what their playlist would require.

      The idea that you could write music and tell me that I could publish it and that I would have to pay the RIAA is completely moronic, even for the RIAA. It would also be unconsitutional -- neither the Copyright Clause nor the First Amendment would tolerate Congress forcing speakers to pay somebody with no rights to the coypright a fee.

  18. Backwards! by www.sorehands.com · · Score: 5, Insightful

    They are doing their best to quash competition and to raise the barrier to entry. Stopping piracy is a false mantra and only an afterthought.

    1. Re:Backwards! by gmack · · Score: 2

      The sad thing is that by doing so they will eventually stagnate. The RIAA willing this war will hurt them as well in the long term though they will make better money in the meantime.

      .

  19. stream offshore? by f64 · · Score: 4, Interesting

    i know it's not addressing the issue of legislature in the US, but isn't it possible to just stream whatever audio through a foreign server (assuming such a server would be outside US jurisdiction)? : f64 : piracy - the lazy revolution

  20. Dinosaurs Will Die by ralphus · · Score: 5, Interesting
    NOFX, indie punk band says it best:

    Sit back watch it crumble, see the drowning watch the fall
    I feel just terrible about it, that's sarcasm, let it burn
    I'm gonna make at toast when it falls apart
    I'm gonna raise my glass above my heart
    Then someone shouts that's what they get!
    For all the years of hit and run for all the piss broke bands on VH one
    Where did all their money go? Don't we all know?
    Parasitic music industry as it destroys itself
    We'll show them how it's supposed to be

    Music written from devotion not ambition, not for fame
    Zero people are exploited there are no tricks up our sleeve
    Were gonna fight against the mass appeal
    Were gonna kill the seven record deal
    Make records that have more then one good song
    The dinosaurs will slowly die and I do believe no one will cry
    I'm just fucking glad I'm gonna be there to watch the fall
    Prehistoric music industry three feet in la brea tar
    Extinction never felt so good

    If you think anyone will feel badly you are sadly mistaken
    The time has come for evolution, fuck collusion, kill the big five
    What ever happened to the handshake?
    whatever happened to deals no one would break?
    whatever happened to integrity?
    It's still there, it always was for playing music just because
    A million reasons why all dinosaurs must (will) die !!!!

    --
    Revolutions are never about freedom or justice. They're about who's going to be top dog. -- Kilgore Trout
    1. Re:Dinosaurs Will Die by Anonymous Coward · · Score: 0

      What lousy lyrics.

      It's easy to see why they adopted a political ideology rather than try to succeed based on artistic merit.

    2. Re:Dinosaurs Will Die by ralphus · · Score: 1
      It's easy to see why they adopted a political ideology rather than try to succeed based on artistic merit

      You obviously don't know much about punk. NOFX has never sold out, never had a video on MTV, always been indie, been around and a huge success for years and is one of the top 5 punk bands around today.

      But I guess you are right, since you don't hear them on the radio and you didn't like the lyrics to one song, they probably don't have any artistic merit..

      Punk? idealogy? Punk is all about ideals man!

      --
      Revolutions are never about freedom or justice. They're about who's going to be top dog. -- Kilgore Trout
    3. Re:Dinosaurs Will Die by nathanh · · Score: 2

      NOFX is brilliant. Punk in drublic sets the standard for modern punk. Don't be put-off by the lyrics. Listen to the music.

  21. Replace the word "music" with "software..." by erik_fredricks · · Score: 5, Interesting

    ...and this sounds like the same behavior Uncled Sam attacked Microsoft over. When the majors smell competition from an indie label (such as Matador), the simply buy and appropriate it. When that fails, they do their best to make it utterly impossible for someone to get started in the business without their "help."

    --

    THE GOOD HUMOR MAN CAN ONLY BE PUSHED SO FAR
    Bart Simpson on chalkboard in episode 2F18

  22. They Must Be Right by Anonymous Coward · · Score: 3, Funny

    Sharing = communism

    Freedom of Expression = sharing of ideas

    Therefore, freedom of expression = evil
    Patriotic Americans should oppose evil.
    Therefore, go RIAA!

  23. That opinion piece isn't very clear... by fortinbras47 · · Score: 5, Informative
    That opinion piece left me hanging in terms of what the bill ACTUALLY does. I think this link here provides a bit more clarity and has links to other sites. The bill in the house was HR.5469

    Just glancing at stuff, a very disturbing aspect of the bill is that for an individual webcaster, it defines as "gross revenues" to include any revenue from media, entertainment, Internet or wireless business where the individual owns more than %5. I don't really know, if this is how it works, but if Joe Blow owns a computer consulting company doing wireless installs, (or hell has 5% of it), and he streams mp3s somewhere, does he have to pay licensing and royalty fees on the revenues of his business?!?!?!?

    Looks like Gephardt and some other Democrats opposed it.

    1. Re:That opinion piece isn't very clear... by Dachannien · · Score: 1

      Link to legislation/status info

      The 5% rule states that the only income to be counted toward the retroactive payments is that derived from webcasting or running an ISP (which there may be a good reason for, like preventing a sort of shelter for webcasting revenue under your ISP revenue that can't be easily separated), so your concerns can be allayed.

      As far as Dems opposing the bill, they didn't oppose it enough to come down to the floor and demand a recorded vote. The bill passed under a suspension of the rules by voice vote only, which generally means either everyone likes it, or it passed under the radar of pretty much everyone who wouldn't like it.

      Besides, issues regarding IP, piracy, and the RIAA/MPAA have been relatively non-partisan. Berman (D-CA) is happily trying to make it legal for the RIAA(/MPAA) to bend (admittedly law-breaking) citizens over a barrel to have its way with them.

  24. It All Started With Punk! by szyzyg · · Score: 5, Interesting

    At least in the UK, it was all about rebellion and doing it yourself, destroying that crappy prog-rock that had taken over the world. Studio production costs were the barrier, and everyone was producing albums with choirs and orchestras. Anyone remember King Arthur & The Holy Grail.... On Ice?

    Punk bands were recording tracks onto 2 track tape in their bedrooms and pressing up a few hundred 7"s to sell. The costs were low and there was a huge explosion in musical diversity. Then.... it all kinda went away for a bit, suddenly synth bands were everything and synths cost a load of money, production values went up again and the music business regained some control over what was getting released. But... the computer technology that was so expensive in the early 80's obeyed Moore's law and the gear came down in price quickly. By '86 we start to see the first house records coming out of chicago. Artists would create reel to rell versions of their latest productions to try out live, then they'd tweak it until it was time to press up some vinyl.

    Then it crossed the atlantic and the UK rave scene suddenly grew up out of bedroom acts. Orbital talk about producing 'Chime' for the cost of a high quality blank tape. Anyone doing electronic music could sidestept eh expensive recording studios, press up a few hundred 12" records and have an underground hit. As time went on the electronic tools got better and better, and the producers got better too, expanding the range of music coming out of their bedroom studios.

    Then we have the advent of the recordable CD and variable pitch CD players, now you didn;t even need to press up 12"s or carry around tapes which had a habit of getting chewed up (the first acid house record famously got destroyed by the tape machine - 'Acid Trax' originally had a vocal, but that version was lost). About the same time the internet really got going and people began sharing mp2's on download sites so people could get hot tracks without waiting for them to be released. Later mp3 came along with better sound quality and smaller file sizes.

    The music industry of course ignored all this, except for the occasional crossover electronic track used in commercials.

    In november '97 I released mp3serv - the first live microcasting radio system, it was a bitch to setup, but a few people used it to do live radio from PC's. A year later Shoutcast brought the concept to windows PC's. Then web services like myplay made radio possible using nothing more than a web browser.

    Barriers to entry are always getting knocked down, technology is really good at solving some types of problem.

    1. Re:It All Started With Punk! by mrscorpio · · Score: 3, Informative

      I just hope that you realize that punk started in the USA with The Velvet Underground, the New York Dolls, Television, and Iggy and the Stooges...then Malcom ripped off Richard Hell, created Sid Vicious/The Sex Pistols, and thus began the commercial success of "punk", a bastardized version of what started in New York in the late 60's/early 70's.

      Chris

    2. Re:It All Started With Punk! by Anonymous Coward · · Score: 1, Insightful

      and house started in chicago, techno in detroit. but they came to life in london and manchester.

    3. Re:It All Started With Punk! by scotay · · Score: 1

      As much as my class-of-82 self might want to think it all started with hardcore punk, I think there are earlier examples when barriers of entry came crashing down and individual efforts were way ahead of what the mass merchants saw profit in pushing.

      It's hardly the punk DIY, but rock-era accidents like Sun Studio, built on a business model of "We Record Anything-Anywhere-Anytime" opened the studio to artists that record companies would never touch. I'm sure, if we looked, we might find similar swing and jazz age examples of more direct connections between artists, production and audiences that were later defeated or managed by an all-controlling distribution system, much like today's TRL punk.

    4. Re:It All Started With Punk! by szyzyg · · Score: 2

      I have some original chicago house records...

      Good Gawd they're boring ;-)

    5. Re:It All Started With Punk! by droopus · · Score: 1

      "I/Love Can't Turn Around" (Hurley's or Farley's, take your pick) is boring? Chip E's "Like This" (admittedly a clone of ESG's "Moody") is boring? "Jack Your Body" is boring? "House National Anthem" (aka Marshall Jefferson) is boring?

      It's all context my friend. On a turntable in your living room, or even compared to more recent stuff, they may indeed sound tame.

      But I guarantee that if you heard I Can't Turn Around on the floor of the Garage or Warehouse (or Better Days B))) back in 1985, it would have rocked your world as it did to thousands of people a night back then.

      Hey "No Way Back" is just a bassline, but I heard DJs do the most amazing things with it, using two more turntables, a few synths and a 909.

      Then I heard the KLF live at Land of Oz in 1990 and life changed.... B)

      Probably about ten people on /. that understand this post. hehe

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    6. Re:It All Started With Punk! by rhizome · · Score: 2

      The purpose of those records is to be used by a DJ on a dancefloor. By themselves they are just ingredients. To listen to a track like "No Way Back" by itself at home is tantamount to making a nice warm plate of salt and expecting it to be a meal. :) A DJ certainly doesn't need synths and a 909 to create a context for "No Way Back" that will move people differently than if they'd heard it by itself, on a turntable, at home.

      --
      When I was a kid, we only had one Darth.
    7. Re:It All Started With Punk! by nathanh · · Score: 2

      Then I heard the KLF live at Land of Oz in 1990 and life changed.... B)

      Probably about ten people on /. that understand this post. hehe

      I think considerably more than 10. I'm not a fan of house (though I have a soft spot for KLF) but even I understood what you said.

    8. Re:It All Started With Punk! by droopus · · Score: 1

      Hm, agree and don't agree. Of course, No Way Back is like a plate of salt out of context.

      But back when I played, using synths and samplers was unheard of, and if you did the right tricks with them, you certainly could get an amazing reaction.

      Case in point: I used to have Adonis on one turntable, other stuff on the other two turntables and one of my session keyboard players messing around on a DX rack behind me.

      When he started playing "Heard it Through the Grapevine" chords,with me laying acapella mixes over No Way Back and his keyboard playing....it got an amazing reaction. B)

      I look at tracks like that as paint on a palette. Now, I thought, what can I paint tonight?

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    9. Re:It All Started With Punk! by droopus · · Score: 1

      LOL, consider me chastised. Guess /.'ers are cooler than I thought.

      --
      "The pie shall be cut in half and each man shall receive.....death. I'll eat the pie."
    10. Re:It All Started With Punk! by Anonymous Coward · · Score: 0

      You are correct.
      REcently on NPRs morning edition the Present at the creation segment covered various recording technologies, from the wax cylinder up to the cd, this included the fragine shelac 78s and the much more durable 45. when the 45 came out suddenly the presses had way more production then was neede because unlike shelac records they didnt have a high breakage to counteract, so they started doing more and more business recording jsut about anything people would pay for.
      I suck at restating what was in the NPR thing do go look it up, it's worth a listen.

  25. Art by DrugCheese · · Score: 5, Insightful

    I agree that artists need to be paid.
    But art needs to be public in my opinion.

    If something like the RIAA existed 1000 years ago think of where music would be now.

    Art is inspired by art.

    I say this with a grain of salt as I like to call myself an artists of several mediums. But the only truely original artist was that caveman who first smeared his shit on the wall, or the first to beat the ground with a bone in a rythm. The rest of us have all been inspired by some form of art whether we admit it or not.

    My point is that the more art is stifled the less art evolves.

    Just my opinion

    --
    *DrugCheese rants*
  26. indy by dirvish · · Score: 4, Insightful

    It is time to start flooding the market with independent record labels and sites like IUMA. The people need to reclaim their music from the coorporations.

  27. Seems like more of the same by certron · · Score: 2

    I was going to do a research paper on something similar, but I couldn't find enough scholarly writings on the topic. My paper was going to go through how the music industry and technology interface, and how the technology and contract laws give them large ownership of music, and how if they moved to a digital distribution model (which they could) it would violate their previous business model based on artificial scarcity and monopolistic competition. (my research paper now deals with drug advertising and what it really costs, as wel as patents etc)

    What it all boils down to is that the recording and movie industries are reaping the benefits of digital technologies (ease of duplication, ease of manipulation, ease of distribution, fidelity of media) and then working their hardest to deny those benefits to everyone else (ease of storage, duplication, reproduction, transport esp. networked transport, etc).

    I won't even go into their 'right to virus' and 'p2p hax0rama' efforts...

    --

    fair.org counterpunch.com truthout.com indymedia.org salon.com
    eff.org guerrilla.net debian.org gentoo.org
  28. Simple... by Gruneun · · Score: 4, Insightful

    So expensive that it is no longer affordable for the "average Joe" to trade or broadcast.

    No, it makes it more difficult from someone to trade or broadcast material that is controlled by the RIAA. It doesn't hinder "average Joe" from broadcasting material of his own creation, nor material created by other that "average Joe" has been given permission to distribute.

    If "average Joe" wants to broadcast my music, he can damn well pay me for it. If he doesn't want to pay the prices, according to the value I put on my music, he should make his own or find cheaper content.

    1. Re:Simple... by Gizzmonic · · Score: 3, Informative
      I don't know about radio, but in the video/film industry there is a huge, artificial gap between "consumer" and "pro" equipment. For example, there are consumer DV cameras for $300 that have an integrated DV VTR. If you want a standalone DV deck, they start at $1200. Why is a standalone deck (without lens, CCDs, or any camera components) 4 times as much? Because the decks can convert from analog to digital...

      Even with things like microphones, the price seems to increase by 4x between the highest grade "consumer" item and the lowest grade "pro" item (sometimes the consumer item is actually HIGHER quality). The effect, whether intentional or not, is lifting the barrier of entry.

      --
      (-1, Raw and Uncut is the only way to read)
    2. Re:Simple... by BAKup · · Score: 1

      So what band are you in? Let's find out what music you play, or is it just more of that pop-rock-nucountry drivle that's pap-smeared all over the airwaves today? If it's worth listening to, I'll buy it. If not, well, either learn how to play, or get a job.

    3. Re:Simple... by Anonymous Coward · · Score: 0

      I've really been wondering about this. I honestly am not that concerned about webcasting pop music, I can hear that on FM radio. The value of webcasting is being able to listen to music that you just can't buy in the store or hear on FM/AM radio. Are webcasters like what you find on downtempo.org in danger? If not, this bill is doesn't really matter. Just don't broadcast music if the owner wants to charge you that much for it.

    4. Re:Simple... by Anonymous Coward · · Score: 0

      Damn straight. This whole business may actually be a PLUS to the alternative music scene. In the long term there's going to be a tremendously larger number of people exposed to indie music than would ever have been the case otherwise, and the percentage of RIAA-controlled content is going to drop off. This is a good thing - the RIAA-controlled stuff is easy enough to get if you want it anyway.

      Of course there's lots of indie music that is pure crap - but I would argue that the percentage isn't a lot worse than what you can find on the FM radio dial right now.

    5. Re:Simple... by tato+(and+tato+only) · · Score: 2, Informative

      Actually, CRAP imposes onerous record-keeping requirements on all webcasters, even ones who do not use RIAA-controlled material. Additionally, all webcasters are required to pay a minimum of $500 (US) per year, even if they use only their own material.
      I believe that if I were to webcast only myself talking into a microphone I would have to pay $500 per year to the RIAA and keep records of who listened for how long. This does seriously hinder the distribution of material outside the control of the RIAA, even when done with the permission of the creator.

      --
      tato (and tato only)
      This post is strictly opinion, including the spelling.
  29. Really nothing new by Nick+Arnett · · Score: 5, Interesting

    These are companies who have been accustomed for decades to domination of the industry through their control of distribution. They have consistently rejected new technology that would threaten that control, even when it was clear that consumers wanted it.

    IIRC, in 1985, I wrote a piece for Rolling Stone about a company, Personics, that had a system that would allow people to make custom audio cassettes at high quality and speed in music stores. People loved it because it was what they were doing ANYWAY -- making tapes of their favorite songs in the order they wanted. But the record companies used their control of music copyrights to deny Personics access to popular music. And this was in spite of the fact that it partially solved the enormous cost of returns from music stores (50 percent) and the lost sales when sudden hits weren't in stock (and most hits are sudden hits).

    Here we are 17 years later and they're still abusing copyright to control distribution of music. Personic's founder had a good idea -- create a compulsory license for music distribution, similar to the one that exists for music performance.

    Nick

  30. Simple question... by Anonymous Coward · · Score: 0

    If you want to stream audio, (or video), which consists entirely of your own work, or work for which you have the rights, in a non-proprietary format, (E.G. Ogg Vorbis), are there any licensing fees to be paid? I assume that there now are, although I'm not sure.

    I'm in the EU, (the U.K., actually), the European situtation is the most relevant to me, what what is the situation in the U.S.A., and Japan?

  31. Re:RIAA at $20/whack by Anonymous Coward · · Score: 0

    I'll bolster the previous assesment of CDs costing around $20. I've never seen (and I look every month or so) Rock CDs less newer than 5 years old sell for less than $16. $18-25 (well, $25 if it's a double-set, like Smashing Pumpkins' last)

  32. The new music industry by EggplantMan · · Score: 2, Insightful
    I have long held the opinion that computers, due to their nature, will deflate music prices dramatically and destroy the current media distribution cartels. Due to file trading, the service of providing music has decreased in value, and music cartels will be forced to lower their prices in order to sell music over the internet. If they lower their prices I would expect that more than a few asses will be canned in order to trim the cruft. On the other hand, should the RIAA open up 'RIAA ONLINE!' (RIAOL) us geeks can expect to gain some jobs.

    Now is the time when we should be paying close scrutiny to the RIAA however, since instead of bowing to market (consumer) pressures, they are hellbent on strongarming everything that comes in between them and their fiefdom.

    I look forward to the day when all of the media cartels have fallen, and the sham that is hollywood swirls (counterclockwise) into the shitter.

    --

    ?-|||-----x<*))))><
  33. Grow up by Anonymous Coward · · Score: 0

    The RIAA is not "evil", and neither is Microsoft. However, your zealotry is.

    1. Re:Grow up by jez9999 · · Score: 0

      That depends on what your defenition of evil is. I hate to be so cliché and quote a dicionary defenition but...

      evil Pronunciation Key (vl)
      adj. eviler, evilest
      1. Morally bad or wrong; wicked: an evil tyrant.
      2. Causing ruin, injury, or pain; harmful: the evil effects of a poor diet.
      3. Characterized by or indicating future misfortune; ominous: evil omens.
      4. Bad or blameworthy by report; infamous: an evil reputation.
      5. Characterized by anger or spite; malicious: an evil temper.


      Actually, by many definitions of evil, Microsoft and the RIAA can easily be defined as being evil. It can be argued that they are morally bad/wrong, that they cause ruin (or try to) to people who don't have the money to pay their artificially high licensing costs; it can definately be said that many people regard them as bad/blameworthy by report, and many of their 'temper tantrum' legal actions seem full of anger and spite.

      So don't just say they're not evil without looking up the defenition first.

    2. Re:Grow up by Anonymous Coward · · Score: 0

      Your opinion of them does not make them evil, dipshit.

  34. This keeps coming up. by FreeLinux · · Score: 5, Interesting

    I'll get moderated to hell for this, but.....

    There is an glimmer of truth to the article's line of argument but, the low cost and ease of publishing by the internet has long been touted as one of its major advantages. To an extent it certainly is true, the internet does empower the "little man". But, there is much more to it and Slashdotters seem unwilling to acknowledge this.

    The fact is that publishers of art, specifically musicians need more than an inexpensive distribution channel. They need two other things, talent and, more so, marketing.

    I'm sure that there are numerous extremely talented musicians out there that we will never hear of and it has nothing to do with the RIAA controlling streaming. Their obscurity will be because they lack a powerful marketing arm promoting their work. This marketing power is what the RIAA members or recording labels provide. Without the marketing power of the labels almost all musicians will fade into obscurity regardless of what distribution channels are available to them.

    Regardless of anyone's willingness to accept this fact it is clearly born out today. For the past 5 to 10 years musicians have had the ability to publish and distribute their productions at a very low cost. Yet, there has yet to be a single artist who has achieved wide-spread popularity or fame through these channels.

    Conversely, there are countless "artists", that are household names today, who haven't even a smidgen of talent. There are dozens of Top 10 performers that would still be growing corn in Kansas or washing cars in London if it weren't for the powerful marketing of the big labels.

    Now be honest, could the Spice Girls have sold any significant number of albums had they gone it on their own and distributed through the internet? Would Brittney be flashing her belly button for Pepsi or, would she be doing Country & Western in some sleazy dive in Ohio for $8 an hour?

    1. Re:This keeps coming up. by Anonymous Coward · · Score: 0

      "The fact is that publishers of art, specifically musicians need more than an inexpensive distribution channel. They need two other things, talent and, more so, marketing."

      This is at least interesting. It's been a while since I've heard someone on /. who cared about what the publishers needed. If you ask me, they need to stop screwing the talent.

      "For the past 5 to 10 years musicians have had the ability to publish and distribute their productions at a very low cost. Yet, there has yet to be a single artist who has achieved wide-spread popularity or fame through these channels."

      This portion of the poster's argument just isn't true. For one thing, this has been the case for more than ten years. Remember selling tapes out of your trunk? And for another, artists as diverse as Ani DiFranco, the Dead Kennedys and N.W.A. have ridden independently-produced records to fame and... a modicum of financial stability.

    2. Re:This keeps coming up. by Animats · · Score: 2
      I'm sure that there are numerous extremely talented musicians out there that we will never hear of and it has nothing to do with the RIAA controlling streaming.

      I dunno. Try some of those sites for unsigned musicians. Most of them suck.

    3. Re:This keeps coming up. by Maul · · Score: 1

      Buy some of those CDs of signed (RIAA Controlled) musicians. Most of them suck.

      --

      "You spoony bard!" -Tellah

    4. Re:This keeps coming up. by f64 · · Score: 1

      >Now be honest, could the Spice Girls have sold any
      >significant number of albums had they gone it on
      >their own and distributed through the internet?

      i guess this would be an argument for *any* music distribution system that doesn't depend on marketing.

      frankly, to say that marketing (as it looks today) is a necessity for musicians to exist is to buy into what is presupposed by large labels (ie "we facilitate the release of less-commercial music thanks to our sales of a few mega-stars"), while a smaller, less industrialized way of distributing music might actually allow for "less-commercial" artist to prevail (using paypal, whatever), as well as slaughtering the giant corps (which in itself is good, since it gives the economic power, as well as the power of esthetics, back to the people who create and listen to music).

      most of the interesting music i get nowdays comes through the internet; either as links in a mag or site, or using p2p filesharing and searching random words.

      an unaffiliated plug would be mochipet who'm i found thorugh some glitch music site.


      f64 : p2p - the lazy revolution

    5. Re:This keeps coming up. by Anonymous Coward · · Score: 0

      I've never heard of any of those artists :-)

    6. Re:This keeps coming up. by ewhac · · Score: 5, Insightful

      Yet, there has yet to be a single artist who has achieved wide-spread popularity or fame through these channels.

      Counterexample: Trey Parker and Matt Stone, creators of South Park. Their fame was earned by a single, badly-digitized QuickTime movie called The Spirit of Christmas that got copied all over the Internet. In the span of a few months, Comedy Central offered them a deal.

      It's probably also worth pointing out that Parker and Stone didn't digitize or upload the QuickTime file themselves. One of the recipients of their original VHS tape did it. So Parker and Stone's wild success proceeded from a massive case of unsanctioned copying (or, to use the misleading slang term, "piracy").

      Schwab

    7. Re:This keeps coming up. by Aquillion · · Score: 1
      Now be honest, could the Spice Girls have sold any significant number of albums had they gone it on their own and distributed through the internet? Would Brittney be flashing her belly button for Pepsi or, would she be doing Country & Western in some sleazy dive in Ohio for $8 an hour?

      This is supposed to be an argument for the music industry?

      Seriously, though, the fact that the labels can use their market power to create stars is in fact one of the situation's more troubling aspects. There is only so much market for music in the world, and if artists like those are being pushed by the industry, then it follows that many other potentally worthwhile artists are being pushed aside.

      Brittney and the Spice Girls do not have some innate 'right' to success. If an artist can't compete in an even market, then they deserve to be obscure. If there are no artists capable of making themselves into stars without a record label backing them, then we won't have any for a while.

      Remember, there were stars who 'made it' before the age of big hype; the whole concept of record-label stars came about in an attempt to mimic the success of people like the Beatles or Elvis.

      In an age without record labels, stardom will be more valuable and harder to reach; the stars that make it will be more talented and longer-lasting. It seems to me that this is a Good Thing(tm).

    8. Re:This keeps coming up. by Froggy · · Score: 1

      > Would Brittney be flashing her belly button for > Pepsi or, would she be doing Country & Western > in some sleazy dive in Ohio for $8 an hour?

      If only. Oh, if only.

      Roll on the death of mass corporate advertising, and the consequent tyranny of the talented.

      --
      It is a woman's prerogative to change other people's minds.
    9. Re:This keeps coming up. by WNight · · Score: 2

      Musicians may need others, managers, producers, marketers, and groupies :) but these don't have to be part of a monolithic agency. If musicians were free to contract with anyone, no radio monopolies, or distribution monopolies, then it would be a fair and open market.

      The great thing about the internet is that it removes the "natural" monopolies, like limited airspace and prime shelf space. Any CD on Amazon is as easy to buy as any other. They've all got middle-shelf spots. Some may get front-page mention, but everything else is a keyword away.

      When there are more indie musicians there'll be fan-run genre sites listing the latest stuff and rating it, much like quake-level sites or fan-fiction, or anything. Enthusiasts will seek out the new stuff and tell everyone else about it.

    10. Re:This keeps coming up. by Anonymous Coward · · Score: 0

      hmm...maybe this notion of stardom will become outdated. You don't have to be a star to be talented. And you don't have to be talented to be a star. There is no relation.
      sam

  35. Got me thinking about sound... by PhysicsScholar · · Score: 0, Offtopic

    Physics books typically discuss the molecular nature of sound, but then derive the sound wave equations by modeling air as a continuous elastic medium.

    I mean, mathematically this is just fine, but I find it much more satisfying to derive the wave equations directly from the molecular point of view.

    I also think this is a more straightforward derivation, since it completely avoids any need to deal with specific heat ratios or adiabatic processes. The effects associated with these terms arise quite naturally directly from the molecular model.

    All that one really needs to do is derive basic differential equations of fluid mechanics from the molecular model. If only the RIAA did this, maybe they'd sell some more records with good music on them rather than the same old pop hits time after time.

    (I use Netscape v3.04 and the Microsoft browser v4.0. As much as I hate to abet the Microsoft juggernaut, this section looks a lot better with the MS browser.)

    --

    Department of Physics and Atmospheric Science, Dalhousie University, Halifax, N.S., Canada, B3H 3J5
    1. Re:Got me thinking about sound... by Anonymous Coward · · Score: 0

      hahaaahaaahahaahahahaaaa

    2. Re:Got me thinking about sound... by Salsaman · · Score: 1
      Physics scholar ? Physics troll more like ! You besmirch the name of the Blackett !!

      (BTW, say hi to Bob Spears for me will you. Does he still run the bookshop there ?)

    3. Re:Got me thinking about sound... by blank_coil · · Score: 1

      I use Netscape v3.04 and the Microsoft browser v4.0. As much as I hate to abet the Microsoft juggernaut, this section looks a lot better with the MS browser.

      I'm pretty sure both those browsers are grossly non-compliant with the HTML standards. If you'd like to view the web properly, get a browser that complies.

      --
      No sig for you.
  36. Re:Really nothing new-Rogue organization. by Anonymous Coward · · Score: 0

    Actually I have a question. There's an attached story (hyperlinked) to the one we're reading were it says that even the labels aren't for what the RIAA's doing (down near the bottom of the page). So if the labels aren't for it, and the artist aren't for it, etc, etc. Then doesn't that make the RIAA a rogue organization? Something is seriously broken here.

  37. Free Speech!? by danimrich · · Score: 1

    "We're not against the concept of free speech, but it should be limited to politicians." Seems kinda similar.

    --
    where's all that Karma?
  38. Up and Coming musicians by intrico · · Score: 4, Interesting

    Keep in mind that this only applies to music that the RIAA companies own. There's lots of good music on the net from "up and coming" musicians that have not signed contracts yet with greedy record levels. Bands such as these can broadcast over the internet all they want without repercussion, since they are not copyrighted by RIAA member companies. This would be good healthy competition.

  39. Contradictions in the Arguement by SN74S181 · · Score: 3, Interesting

    There are some contradictions in the arguement being made here. There is no 'barrier to entry' for musicians. You record your music and you find an independent Net Radio program to broadcast it for you.

    The 'barrier' seems to be in place when people want to put up Web broadcasting sites and use the mass marketed pabulum music. Which is NOT the music made by the independent musicians.

    It always seems to revolve around a 'gimmie gimme' attitude that people seem to think they have the right to broadcast music made by artists whose permission they do not have, nor do they care if they have.

    If you're going to build your alternative music industry, stop trying to play Brittney on it. It's really that simple.

  40. Funny tidbits... by Crasoum · · Score: 4, Insightful
    For all the suing the RIAA is doing for "music", as Courtney Love published a great article on file sharing napster and what it does for an artist.

    There were a billion music downloads last year, but music sales are up. Where's the evidence that downloads hurt business? Downloads are creating more demand. Why aren't record companies embracing this great opportunity? Why aren't they trying to talk to the kids passing compilations around to learn what they like? Why is the RIAA suing the companies that are stimulating this new demand? What's the point of going after people swapping cruddy-sounding MP3s? Cash! Cash they have no intention of passing onto us, the writers of their profits.

    There is also another quote by her that went something like 'When am I getting my check from napster?' but I can't find where I read it...

  41. Re:from their side, hell yes.--"The odd zone" by Anonymous Coward · · Score: 1, Interesting

    I know nothing about the music industry and such, but in order to get distribution, radio/tv play and advertising etc, aren't musicians almost relegated to going through an RIAA company? Wouldn't they pretty much have to sign a contract with them in order to make any money? Isn't that the whole point of the article? The RIAA is trying to stop artists from having another way of producing income (ie without the help of the RIAA) who in turn don't get their cut.

  42. The RIAA helps make software more robust by Jeremi · · Score: 5, Interesting
    The RIAA's draconian tactics play same role of pesticides or antibiotics in the Internet "ecosystem". Their laws and lawyers are able to destroy 99% of the "pests", but the remaining 1% which are resistant to their attacks then have a clear playing field to play in.


    The death of Napster-style centralized p2p lead to the dominance of Kazaa-style distributed p2p, and the death of traditional streaming will lead to the dominance of distributed p2p streaming.


    Please take some time to write the RIAA and thank them for their support in advancing the state of the art in free content distribution. :^)

    --


    I don't care if it's 90,000 hectares. That lake was not my doing.
  43. RIAA != The Music Industry by Gray · · Score: 5, Insightful

    I run a indie record label and I've got nothing to do with the RIAA.

    If you'd like to broadcast releases to which I own the rights, more power to you.

    If you run a broadcaster and the RIAA is all up in your face, I encourage you to just stop playing releases from RIAA member labels.

    The cost of entry to the music business is in fact lower then ever. Todays home studio is able to do what 10 years ago was the stuff of wet dreams. Plus CD reproduction costs are lower then ever. You can start an record label for less then $5k these days, I'm living proof.

    1. Re:RIAA != The Music Industry by fini · · Score: 5, Interesting

      Great, but that won't prevent the RIAA of harassing small webcasters playing your music unless you explicitly waive in written the CARP fees and the publisher royalties (aka "mechanical" fees) in a way which is easy to administer for the webcasters. Call that an anti-RIAA license. If they can point to these licenses, that will help the webcasters to defend themselves when the jackbooted RIAA lawyers come crashing at the door.

      The webcasters will in any case be burdened by the obligation of keeping an exact log of anything they broadcast. Not easy as it sounds. Think about a live webcast from a club when the DJ himself has no idea where the f**k half the tunes in his mix are coming from. There is an urgent need for a system to track and propagate anti-RIAA licenses embedded in the music files.

      But more important, the legal system on copyright is now based on a presumption of guilt. And that, my friend, is wrong, plain wrong.

      --
      SNS Not Sig
  44. www.rantradio.com by Perianwyr+Stormcrow · · Score: 5, Interesting

    RantRadio does this- and in fact it's managed to get licenses to play its music from the labels representing artists it plays.

    And they are always looking for new things.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

    1. Re:www.rantradio.com by Anonymous Coward · · Score: 0

      Hey, this looks great!

      What software do I need to use it? It talks about WinAmp, but my XMMS doesn't seem to have equivalent functionality.

  45. It's evolution baby.... by Anonymous Coward · · Score: 2, Interesting

    The RIAA is close to extinction and they know it. Think of these measures as the flailing paws of a drowning dog.

    And for those of you that like to throw this "artists must be paid" mantra around....DEFINE Artist for us all before you start slinging around ill conceived opinions.

    I would argue that PERFORMERS should be paid, the product at issue with the RIAA vs. internet users is information, we're not even talking about a nicely printed album inserta with lyrics and snazzy cover art, which in it's own right deserves a few pennies.

    Information control will only become more difficult as technology progresses, the RIAA would be better off adapting rather than resisting, but this is one dog that just isn't learning any new tricks. I'm still AMAZED that they have not yet jumped on the biggest internet bus of all - that of MISinformation. I could digress, but maybe I shouldn't hand them the control they want without a price;)

  46. What the hell? by Anonymous Coward · · Score: 0

    If a CD was $18 Cdn (which most aren't where I live) that'd still be ~$12 US. In reality, the popular CDs tend to be around $12 - $15 Cdn.
    Which is far less than you pay, but is still overpriced as far as I'm concerned.

    When will you learn, things are cheaper in Canada!

    1. Re:What the hell? by trotski · · Score: 2, Informative

      If a CD was $18 Cdn (which most aren't where I live) that'd still be ~$12 US. In reality, the popular CDs tend to be around $12 - $15 Cdn. Which is far less than you pay, but is still overpriced as far as I'm concerned.

      When will you learn, things are cheaper in Canada!


      Some of what you say is true, for example automobiles are far cheeper in Canada than they are in the US. For example you can buy a Honda Civic for 18 grand CDN, whereas in the states it goes for around 15 grand. Obviously not inline with the exchange rate of 1.5 cdn to 1 usd...

      Unfortunatly, in Canada you'll be lucky to find a new artist for less that 20 dollars. As for old stuff, crappy stuff like the proclaimers or abba go for 15 dollars, whereas quality stuff like say the rolling stones can go for 25-30, and I have seen CDs for 40... all canadian dollars. The point is some things are cheeper in Canada, however CDs are more or less the same price.

      As I side note, remember when records were like 8 bucks? ;).

      --

      "Entropy is the bad-guy, and he is everywhere"
    2. Re:What the hell? by Anonymous Coward · · Score: 0

      "When will you learn, things are cheaper in Canada!"

      Woah, how much does a good quality whore go by these days over there? Maybe it'll be worth the trip up north... hmmmm

    3. Re:What the hell? by MrEd · · Score: 2
      Unfortunatly, in Canada you'll be lucky to find a new artist for less that 20 dollars


      Constellation Records (Montreal)
      Peanuts and Corn Records (Vancouver)
      G7 Welcoming Committee (Winnipeg)


      Three record labels from which you can buy new, well produced and IMHO very sharp stuff for well under $20. $12 was the price I paid for the last LP I ordered from G7.


      Your mileage may vary, these are just my favorites. :)


      And, by the way, your point about Canadian prices for CDs being equivalent is bang on. Stay away from the pop stuff and your money will go a lot further. Hopefully your mind will too!

      --

      Wah!

  47. Re:This keeps coming up.-Marketing by Anonymous Coward · · Score: 0

    The solution is the same one that's used to distribute net music. That's right the internet.
    Go to the new and improved shoutcast were not only can you hear artist. You can also get more information on both the music and the artist.
    But one can say that the person without computer access is left out. Correct on both counts. No net music & no net advertising, although word of mouth seems to be effective. Maybe someone can do for music what internet cafes do for the internet?
    Go to StarBucks, get your java, get your Internet & music as well. Independent music stores could have a T1 out the back. Music on demand, or simply the owner could grab what he thinks would sell, and burns and labels it. More profit for him because there's less overhead. Remember were ever there's an unfulfilled demand someone will figure out a way to address it.

  48. similar to MS strategies by carpe_noctem · · Score: 3, Interesting

    I've got a friend of mine that has been an intern at Microsoft for the last two consecutive summers, and will probably be recuruited by them when he graduates from college. I'm no big fan of MS (especially Windows programming, but whatever, he seems to like it), but I am always interested to hear his perspectives on working there.
    Anyways, I asked him once what he thought of the whole palladium issue, and he said that the best way to tell anything that Microsoft is going to do is simply to see what could earn them the most money. Just follow the trail, and you can pretty much figure out exactly what business strategy they're going to take.
    As obvious as that is, people tend to classify big market forces such as the RIAA and Microsoft as giant evil entities set on destroying all competition, crushing the human spirit of independence, and so forth. All the RIAA really wants is just to net its investors as much money as possible. Making it harder for webcasters to startup is a two edged sword; this will give the RIAA et al the power to control the future of internet radio, and thus, the type of music that people will be able to readily hear on the internet. It's all about market control, and it seems to me that the RIAA just wants to clear out the battlefield before they get involved in this particular arena.

    --
    "Quoting famous computer scientists out of context is the root of all evil (or at least most of it) in programming." - K
    1. Re:similar to MS strategies by chartreuse · · Score: 1

      Yes, but there's a difference between expanding the pond and getting a good share on your merits, and controlling access to the pond by monopolistic means. Perhaps Windows is the software equivalent of Britney Spears or those boy bands. Viruses are typically concerned with reproducing and surviving, not creating new things.

  49. Not just Kazaa/"pirate" sites... regular web too by mekkab · · Score: 3, Interesting

    There are bands that distribute their songs for free either from their website (Wilco being the most famous example and the most successful- after giving away free mp3's that album broke the top 10 its first week. The only advertisement was newspapers saying "hey, this band gave away their music!") or from MP3.com-

    good example are the Ex-Models and SICK FM. (NJ's own!)

    While googling "The Idea of North" (a dope shellac track, I wanted to find out what it was about) I found the Ex-Models "The idea of Peter North"- dl'd all their stuff from mp3.com, and loved it. THrough them I found out about Sick FM.

    Oh, RE: prince's last announcement- someone de-133t'd it on slashdot- (they just s/3133t/elite/g for every annoying word) it was a little over blown but held some interesting points that no one can disagree with: Creativity := good; -- yes I can code in ada!
    Big_Corporations := bad;

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  50. Business plan suggestion for the RIAA by Anonymous Coward · · Score: 1, Interesting

    Why don't they:

    1. Set up a $1/minute 56Kbps BBS
    2. Put loads of Ogg Vorbis files of popular songs on it
    3. Profit

    Seems obvious to me. They could sell overpriced blank CD-Rs at the same time :-)

  51. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  52. Flawed by FreeLinux · · Score: 2

    Go to the new and improved shoutcast

    Mainstream labels market their artists. They don't rely on people digging for research on Shoucast to get the word out about a new band or album. They put the word in everybody's face, whether they like it or not.

    The labels advertise with giant posters and billboards, everywhere. They get radio stations to play the songs incessantly, via payola or some other arm twisting or back scratching. The labels advertise on television. They make deals with the movie studios (sometimes the same people) to use and promote the artist in movies. They arrange and further promote concert tours.

    When a label decides to promote a new artist, it is an all out media blitz. Everyone is going to see it, regardless of whether they want to or not, regardless of whether they think the music is great or sucks!

    When an independent puts up a web site on some obscure corner of the internet, hardly anyone ever sees it and no one notices when it dies shortly there after.

    1. Re:Flawed by grahammm · · Score: 1

      Is word of mouth not still one of the best forms of advertising? Once one person has found a song/artist which they like they will tell their friends.

    2. Re:Flawed by rhizome · · Score: 2
      When an independent puts up a web site on some obscure corner of the internet, hardly anyone ever sees it and no one notices when it dies shortly there after.

      You speak as if there is no middle ground, or that you are merely relaying the rules of the universe for us rabble. Thanks but no thanks.

      As someone who calls themselves "FreeLinux", perhaps you can spare a moment of introspection to find a case where a product of creative efforts has succeeded in the absence of traditional marketing. Yes, the definition of "success" as proposed and reified by the major labels involves significant marketing effort and expense; do you have a point? Are you trying to narrow the discourse to terms under which people already suffer? If you read the commentary in one of the articles about how the RIAA's ulterior motive is to keep the barrier of entry into entertainment commerce high, there is an attempt to "fork the record industry", which the RIAA (and associated legislators) is succeeding at heading off. I don't think this is a good development in the continuing history of freedom.

      But all of that is catty banter. Your main point seems to be that people cannot do themselves what the record industry does for them, perhaps because they don't have enough money for mass-marketing campaigns, but what about the fans? Many, many, many people I know do not rely on radio, billboards, movies, or television to find out about new music. They go to their friends, they go to concerts and watch opening bands, they subscribe to music mailing lists of all varieties, they read print and web media published by other fans. "But how will become a rockstar millionaire?" you ask? Nobody does now, so why should that responsibility be foisted upon RIAA-independent distribution and RIAA-independent broadcast phenomenons? History tells us that only a minor percentage of the people who release music under RIAA-affiliate contracts even make dollar one (tax write-off), and a minor percentage of those make enough to live on (sharecroppers for as long as they can take it), and a minor percentage of THOSE make enough to think that they're rich until they (or their accountant or manager) squanders it away (flash-in-the-pan). So that leaves the RIAA to hold the carrot out for those artists and performers who stupidly believe that they will be the ones to become Independently Wealthy. How many of those succeed per year?

      That said, "the mainstream" is a numbers-oriented marketing concept used to describe a product which will be purchased by a large audience. The larger the presumed population, the more mainstream the product (keep in mind that American culture supports and encourages people to define themselves by their consumer habits, thus you have mainstream people. But since everybody is different when you get right down to it, a mainstream person is just someone who likes a lot of popular things). "The mainstream" is not a goal of everybody, and probably is not even a goal of all of the bands who are forced to participate in the charade of appearing to Want It All. A large segment of performers just want to be able to make a living and have their work heard by an appreciative audience. However, for a record company to support such modest aspirations is counterproductive to their bottom line. One huge hit has a much larger profit margin than many small ones, and the mainstream is expected to fall in line with this business model under the threat that the cool minor bands will wither away and die if the industry doesn't get its hits (and concomittantly all of the sales).

      This, of course, will not happen. Bands will find a way to be heard locally, they will be recorded by some other people, and they will sell some records somehow. But they will be able to insert themselves in the commerce system of art on their own terms. Not that it isn't hard work, but at least you know where the dollars are and you're doing it on your own terms. The online broadcasting component of this strategy is what the RIAA hopes to affect. They can't afford for radio (advertising) broadcast (payola) to become irrelevant. They've got a near-complete lock on radio right now and they'd sure like to extend that online by making it prohibitively expensive for independent operators to do their thing.

      --
      When I was a kid, we only had one Darth.
  53. Business isn't music, it's distribution by Anonymous Coward · · Score: 1, Interesting

    Most business are the same. MS distributes software. IBM and Sun distributes hardware. The channel is the important thing. RIAA doesn't care about the music, as long as it's good enough or enough people are willing to buy.

    The court battle with Verizon and the RIAA is about who controls the channel.

    And indeed they have reason to fear. The could easlily become irrelevant.

    Stupid CEO's. The question for all business' is simply "What value added is there in my existence?" or "Could the customers be satisfied without my value-added?".

    Opps. Better call the lawyers.

    Derek

  54. "Expressing oneself"? by Nate+Eldredge · · Score: 1

    Kindly explain to me how broadcasting other people's music is a form of expressing oneself.

    1. Re:"Expressing oneself"? by SuiteSisterMary · · Score: 5, Insightful

      Ah, but they're also trying to prevent one from self-broadcasting their *own* music; effectively saying, 'if you want your music released into the public market, it MUST go through us.'

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    2. Re:"Expressing oneself"? by Nate+Eldredge · · Score: 1

      I didn't see any evidence of this. Can you point me to a quote?

    3. Re:"Expressing oneself"? by Todd+Knarr · · Score: 3, Interesting

      Actually it's in the bills themselves. If you read the text, there's no mention at all of an exemption from the royalties when you broadcast songs on which you hold the copyrights. The bills are written with the unstated assumption that the RIAA holds the copyrights on all songs and doesn't leave any outs for when they don't. So, any artist broadcasting their own music has to pay the royalties on every song, then go begging to the RIAA for a small slice of the money back. And if they aren't an RIAA member, they aren't entitled to the money.

    4. Re:"Expressing oneself"? by rustman · · Score: 1
      they're also trying to prevent one from self-broadcasting their *own* music

      No, that's not correct at all. The copyright holder still can do whatever he wants with that copyright, including allow downloads and broadcast it over internet radio.

      The only way you're prevented from broadcasting your own music is if you signed a record deal and granted the recording copyrights to a record company (or created the recording as a work for hire for them).

      If you retain all your own copyrights, you can broadcast your music all you want. You can even grant waivers to other broadcast stations that will allow them to play your music without paying for it.

      The only problem is, if you music is really good and has gotten some exposure, a label will usually try and buy the rights to it. Sometimes these labels want exclusive rights, and they don't like the fact that you've granted waivers to internet stations, and as part of buying the rights to your music will insist that the waiver to the net radio station be rescinded. Which sucks for web radio, and is why a lot of independent webcasters who play mostly indie music have had to start paying CARP royalties on music they've already been playing rotalty free (and with permission) for a long time.

    5. Re:"Expressing oneself"? by SuiteSisterMary · · Score: 2

      Well, one piece of oft-quoted evidence is the 'tarriffs' on CD-Rs which go directly back to the RIAA; in effect, the garage band is paying the RIAA for the privledge of distributing their own stuff.

      Or the ruthless efficiency with which Napster, MP3.com and the like are all attacked. Yes, they're used for piracy. Scissors are used for killing. Hell, rifles are used for killing; don't see America banning .223 cartridges any time soon.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    6. Re:"Expressing oneself"? by Anonymous Coward · · Score: 0

      You are reading a lot into something that isn't there. It's verging on paranoia. Maybe it's deserved, but I wouldn't make that argument. It doesn;t stand up logicly, legally or even prima facia. It's just not there.

    7. Re:"Expressing oneself"? by Todd+Knarr · · Score: 2

      No, I'm not. Under the proposed rules, any Webcaster owes a minimum of $500/year to the RIAA regardless of whether they stream any songs on which they would owe royalties to the RIAA. Unless, maybe, they can account for every single second of every stream and what they played, and have signed waivers of CARP fees from every artist whose songs they've played, and even then it's not clear that they wouldn't owe the minimum.

  55. An OT story, regarding 0$ cheques.. by Soul-Burn666 · · Score: 3, Funny

    I don't remember the precise details, but this is pretty close.

    A person's credit card was charged for 0$. Since it's 0$ he didn't "pay" it.
    A month later, he recieves a warning "pay or we take measures".
    Again, he thought it's BS. A month later they limited his account.
    He got pissed and did what they asked. He wrote them a cheque (or was it a bank transfer?) of 0$...
    A few days later they called him, furious, and said that sending 0$ made them system crash and caused major problems to their database :)

    So sending 0$ might actually prove useful!

    --
    ^_^
  56. If CD's cost $5... by Anonymous Coward · · Score: 5, Insightful

    If the musicians would just bypass the record companies all together, they could sell their CD's for $5 each and still make WAY more profit per CD than they are now (at $15 a CD).

    And if you could buy the CD at full quality for $5, why would you bother downloading an mp3 with a much lower quality sound?

    The only way the record industry is going to survive is if they realize that they need to provide a BETTER SERVICE at a LOWER PRICE, instead of relying on LAWSUITS for their existence.

    Most people trading MP3's can afford the $1500 computer to do so - and they could also afford all the $5 CD's they could possibly want.

    1. Re:If CD's cost $5... by Lumpy · · Score: 1

      Most people trading MP3's can afford the $1500 computer to do so -
      if you think it takes a $1500.00 computer to do this you are horribly mis-informed...

      $399.00 I can get you a P-III 650, monitor,keybd,mouse, modem... ready to go. with a legal copy of win ME or 2000 and it will do anything any computer bought for $1500.00 can. hell anyone can find that price level... and many can find it cheaper....

      $1500.00 for a PC? hardly.

      --
      Do not look at laser with remaining good eye.
  57. Hrm...don't see how this is legal... by scrufdawg · · Score: 2, Interesting

    How on earth is the RIAA getting away with this? It's not their music that's being broadcasted, how do they have any right at all to charge independant artists for sharing it with other people? Something's EXTREMELY wrong with the system if they can get by with this.

  58. RIAA, too stupid to live. by psychopracter · · Score: 2, Interesting

    My guru and I were having a chat about the RIAA and new technology about 3 months ago. What it boils down to is that the RIAA is going to have to master the art of cat herding if it wants to survive. Quoth my guru: "And anybody knows you don't herd cats by cracking your whips and releasing the hounds. Any body with a brain knows if you want to herd cats, you fire up the can opener and they come running." Ladies and Germs, the RIAA -- too stupid to fire up the can opener and now they're mewling and puking about the fact that the cats have run off in all directions and climbed a 1000 different trees. EEEDIOTS! They're such incredible EEEDIOTS! ---

    --
    OS X:*nix for the real world.
  59. Price comparison is disingenuous by DeadVulcan · · Score: 2

    The "hundreds of thousands of dollars" versus "thirteen year old's allowance" comparison is bordering on an outright lie.

    I'm no expert, but I'm sure the biggest piece of the radio station cost would be the "staff, management, DJs, and [...] sales personnel". You could theoretically try and run a radio station without all these people. But it would show in the quality of your product.

    Similarly, if you ran an internet radio station all by yourself, the quality of your product would suffer in just the same way as for a conventional radio station. But the article implies that you could do it just as well.

    Finally, unless he's suggesting that all internet radio stations should borrow equipment from their parents, the cost of a computer alone would probably take it outside the realm of a "thirteen year old's allowance."

    --
    Accountability on the heads of the powerful.
    Power in the hands of the accountable.
    1. Re:Price comparison is disingenuous by Anonymous Coward · · Score: 0

      The thirteen year old's allowance include the use of their parents' equipment

    2. Re:Price comparison is disingenuous by Anonymous Coward · · Score: 1

      I don't buy this. Around here there are three types of radio stations: (1) traditional commercial (with DJs and commercials); (2) autoprogrammed commercial (no DJs -- music, I assume, is sent from some central souce, perhaps by satellite, and broadcast straight over the air, with commericials and all); (3) NPR/non-commercial.

      The best on-air product is (3), followed by (2),
      followed far behind by (1). Thus in my opinion: the more actual *content* and the less fluff (DJs blabbering, commercials, etc.), the BETTER the product.

      For this reason, I don't see why a low-budget "joe runs it out of his basement on an old Pentium system" internet radio station's product couldn't be at least as good as any coventional radio station's, and perhaps even better.

  60. You don't understand. by Aquillion · · Score: 2, Interesting

    It's not that they want people to pay for songs; it's that they want people to pay them for songs. If legit internet distribution ever took off, people would be making money, sure, but it wouldn't be the record companies; they'd just be some more shmucks in a crowded field. Anyone with five bucks could set up a music distribution company, and the ones that are currently massive, powerful organizations who can dictate contracts to artists and prices to consumers would be reduced to dime-and penny operations struggling to break even. We want that to happen. Eliminating the market power of the record labels would mean more money for artists, lower prices for consumers, and more efficent music distribution. This is the way capitalism is supposed to work. That's just basic Econ 101.

  61. My music is here by mccalli · · Score: 3, Interesting
    Well, my music is here. It's not very good, and it's not professional quality by a long shot as most of it was done ten years ago. But if you want it, download it and listen to it.

    Not a thing the RIAA can do about it. And that's the answer - you don't want them to control it? Easy - don't use music that they control.

    Cheers,
    Ian

  62. Obscurity? Kind of... by fireboy1919 · · Score: 3, Interesting

    Do you know how many good musicians there are? I personally KNOW three very talented musicians: a punk rocker, a broadway singer, and a folk singer. None of them are famous, and only one of them actually sells his work. Yet all of them are about as talented as those in the industry today. (And as a sound tech myself, I have an educated opinion on the subject).

    The truth is that we don't NEED to all be listening to the same people. I really enjoy listening to my friends do their things. And I enjoy singing with them. Can you say that you've sung with your favorite artists?

    Perhaps the problem is that you equate fame with musicianship. I don't think we should have famous singers at all - at least not because of marketing. There are a few singers who worked their way to the top by playing and clubs and bars first (Jewel comes to mind).

    There is one thing that should remain, I think: famous songwriters - it takes a lot more talent to write a song than it does to sing/play it, and the average minstrel can't pull it off.

    There a plenty of songs that have found their way into the mainstream over the centuries without any known channel of distribution. I won't cite incredibly modern examples, because recently we have a lot more advertising, but here are few one hit wonders that have run their course on word of mouth alone: the Kookaburra Song (Austrialian folk song, now popular worldwide), Danny Boy (American song set to Irish tune).

    --
    Mod me down and I will become more powerful than you can possibly imagine!
  63. MORE LIKE THIS!! by bwt · · Score: 2

    Thanks. This is the first really usefull reply to this article. MOD IT UP!!

    I'm listening to it right now in XMMS. We need **"MORE LIKE THIS"**. (Anybody got other ones?) I love their slogan ... something like "Just by listening, you are resisting".

    Folks, this is the path. Stop trying to coexist with the RIAA and start ignoring them. Build a system that works the way we want.

    1. Re:MORE LIKE THIS!! by Anonymous Coward · · Score: 0

      Here's one:

      http://www.beosradio.com/

      IIRC the music is contributed by non-RIAA musicians.

  64. What about music I create?! by cosmosis · · Score: 2

    Would I still have to pay fees for music I created myself? Is this bill saying that I have to pay to stream my own music that I created on my own keyboard to a net audience? If that is the case, that is totall insane!!

    I can understand (a little) if these fees are for paying the RIAA when you play THEIR music, but what about my own. Is this not a violation of free speech? Why should I have to pay to play my music? How is it any different then me playing my music to my friends in my living room, except in this case my friends are in another state thru an internet connection?

  65. This is what unions do to any business. by Alethes · · Score: 1

    Just like the AFL-CIO doesn't like non-union small business workers stepping on their territory, the RIAA resents non-union independent musicians creating music outside of their control. The collectivist mindset is outdated -- there is more freedom is individualism.

    Flame away, kiddos. :)

    1. Re:This is what unions do to any business. by Anonymous Coward · · Score: 0

      The RIAA != Musician's Union. Check your facts before you run your mouth. The RIAA is a cartel of record companies. They have NOTHING to do with collective bargaining rights for musicians.

  66. Open Source Music? by ohio+zaza · · Score: 1

    Why can't musicians decide NOT to use the services of RIAA, ASCAP, BMI etc? Is there enough non-RIAA-ontrolled content to make web radio, son-of-napster, etc viable again? If so, someone please post links! ZaZa, Inventor of the Amish Kerosene-Powered PC!

  67. Piracy != "breaking into the music business" by onallama · · Score: 4, Insightful
    I'm not defending the RIAA here, but what the author of this article completely fails to recognize (or, more likely, recognizes but chooses to sweep under the carpet) is that neither webcasters nor users of file-sharing networks have the right to distribute someone else's copyrighted work. Putting Britney's latest single up on Napster, Morpheus, Kazaa, etc is not a way of "breaking into the music business" -- it's giving away something that doesn't belong to you. Period.

    If you want to break into the music business, then create something of your own. Want to give that away? Go for it -- it's your right to do so if you choose, and the world will be a slightly better place for it. Share your work via P2P networks; set up your own Net radio stream so people can hear your work. That is legitimately "breaking into the music business", and do you want to know something? The RIAA can't do a thing to stop you.

  68. You people buy music? by NewtonsLaw · · Score: 5, Interesting

    Hell, what's all the bitching about?

    The RIAA charges a broadcaster for the right to distribute their music by RF, IP or whatever -- so when it arrives on my TV, radio or computer then it's already been paid for.

    Bearing this in mind, I simply capture and record the music I want onto CDR (MPEG-1 is fine) and also rip the audio tracks to MP3 format.

    My library of music is not as large as some -- but it contains all of the chart-music I like and it has only cost me a few $ for CDRs.

    If the RIAA or whoever, doesn't want me recording this stuff then don't broadcast it.

    Hell, I've got a great collection of stuff in MPEG and MP3 format -- and I've never ever used Napster, Kazza or any of the other P2P networks -- it all just arrives by RF, delivered by broadcasters who have paid the royalties.

    If the RIAA demand their right to earn money from broadcasts but still condemn my recording activities then they should sanction those in their own ranks (such as Sony) who aid and abet people like myself by selling us mini-Disk players/media, audio cassette players/media, VCRs/media, CD burners, etc.

    Perhaps the bottom line is that the recording industry is trying to make a huge fortune from a product that is really only worth a small one. Of course to do that, you must have a monopoly, charge more than the product is really worth, and preferably -- charge multiple times for the same service/product.

    The current situation (regarding broadcast and bitching about piracy) is somewhat akin to handing a child some candy and then slapping them upside the head for eating it.

    It seems that the RIAA wants its cake, eat it, and then eat it again -- all at our expense.

    1. Re:You people buy music? by autechre · · Score: 3, Interesting


      Sure, I buy music. For example, last night I went to a relatively new bar/music place in Baltimore called The Talking Head. My friend Matt Dahl was playing, as well as a band called Soltero who had been recommended to me by another band I like (The Beatings, when I saw them about 2 weeks ago, also at The Talking Head).

      Anyway, I liked Soltero, and bought their CD for $10. I don't buy so very much music, since I'm constantly under a flood of music to review for the radio station, but when I do buy music, it's always like this: from bands that are going out there, writing great songs, and driving around in their own cars to play them for small crowds in strange cities. They obviously care about what they're doing, and it shows in the music. They get all of my $10, and they deserve it.

      --
      WMBC freeform/independent online radio.
  69. R.I.P. icecast by jodo · · Score: 2, Informative

    Last week before the new netbroadcast rules took effect there were easily >100 netcast choices at icecast. There are now, as I look, 3 streams and 32 listeners.
    Sad.
    The little guys are knocked off.

    --

    "Don't Follow Leaders." Bob Dylan
  70. The RIAA is screwed by crovira · · Score: 2

    I listen to bands that are recording their own stuff and SELLING it over the web and using it to attract and communicate to/with their fans.

    The RIAA is screwed because the artists have come up with a better business model. One that puts money in THEIR pockets not the RIAAs and the managers and producers and other parasites sucking the life out of the artists.

    Many million record seling artists are still perfoming not because they want to but because they HAVE to.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  71. Recommendations for books to take as ones own. by jbn-o · · Score: 3, Informative
    I was going to do a research paper on something similar, but I couldn't find enough scholarly writings on the topic. My paper was going to go through how the music industry and technology interface, and how the technology and contract laws give them large ownership of music, and how if they moved to a digital distribution model (which they could) it would violate their previous business model based on artificial scarcity and monopolistic competition.

    I don't know what books you have read but I urge you to read the following two books. I have thoroughly enjoyed reading them and I plan to re-read them as soon as my friends return my copies back to me:

    • Lawrence Lessig, The Future of Ideas: The Fate of the Commons in a Connected World (ISBN 0375505784 and 0375726446)
    • Siva Vaidhyanathan, Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity (ISBN 0814788068)

    Around February 2003 you should be able to find Vaidhyanathan's new book The Anarchist in the Library (ISBN 0465089844) in hardcover. Given how approachable and clearly written Copyrights and Copywrongs is, I fully expect Anarchist in the Library to be worth everyone's while.

    Lessig's book is the more scholarly of the two, but that takes away nothing from Vaidhyanathan's excellent book. I would not hesitate to cite, quote, and paraphrase from both of them in any research paper.

    In case you're not familiar with Vaidhyanathan and Lessig check out Siva Vaidhyanathan's brief interview on Slashdot a while back. Lawrence Lessig's name might be more familiar as the lawyer who argued Eldred v. Ashcroft before the US Supreme Court on the side of Eric Eldred. Lessig has also done a Slashdot interview.

    1. Re:Recommendations for books to take as ones own. by certron · · Score: 2, Insightful

      Wow. The only 2 bad things I can think of right now are that my paper is due rather soon, and that I can't moderate your comment up myself.

      Those are excellent sources, all I had so far was John Gilmore's excellent "What's wrong with Content Protection" and a few articles on CD-R-assisted piracy.

      Think about it, these issues are about who controls human knowledge. If anyone says this argument is stupid or pointless, ask them if they want to pay every time they turn on their tv, or if they want to hear the same songs on every radio station, or if they want to own and control their own works. It is still like you have your very own printing press. Make sure that isn't destroyed because media companies want to own everything.

      I was only going to say what I said in my first paragraph, but the other things that followed it really re-enforce the need for open standards instead of proprietary formats. Free as in freedom, indeed.

      --

      fair.org counterpunch.com truthout.com indymedia.org salon.com
      eff.org guerrilla.net debian.org gentoo.org
  72. It's all about competition by Anonymous Coward · · Score: 0

    In an "ideal world" only the Top20 would exist, there would be no more than a handful of well-controlled artists, all signed to the remaining one big label and the whole world would buy the same 50 CDs per year.
    All releases would go mega-platinum, the profit-margin would sky-rocket - and if anyone would think that something was wrong here, it would be a terrorist, anti-american propaganda, which should be legislated illegal. Not only in the US, of course, but all over the world.
    That's what we could call world hit.

  73. Would they qualify as a Monopoly? by nurb432 · · Score: 2

    Considering they have a majority of the market ( i do think they are it in the music industry ) and are using their position to manipulate the market, ( price fixing for starters ) drive out competition, attack customers, ( and musicians ) and questionably related industries ( p2p )...

    Their very ( admitted ? ? ) foundation is to have total control, in the disguise as 'for the musicians'.

    Would this qualify them as a predatory monopoly and be subect to governmental intervention?

    Or am i just dreaming.. considering they are that the point where they are excempt. ( like other larger coporations we know )

    --
    ---- Booth was a patriot ----
  74. Re:Music legaly isn't like software by bratets+dbik · · Score: 1

    > This situation is NO different than the battle against proprietary software. Instead of trying to get RIAA music for free, we need to promote all new music.

    You can take any software product and create your own version of it whether you make it open source or proprietary. With music AFAIK legal you can't take the song you like, restore its score and lyrics, and record your own version of it, at least not for sailing it.

    If software were like music it would be illegal to create another WYSIWYG HTML editor, for example. :)

  75. One crucial difference by Xformer · · Score: 1

    The RIAA (along with the MPAA) has at least one senator and probably other lawmakers on their payroll. M$ doesn't.

    --
    All I want is a kind word, a warm bed and unlimited power.
    1. Re:One crucial difference by MsGeek · · Score: 2

      OK. I live here in Panorama City, CA, USA, in the heart of the San Fernando Valley. My congressman is Howard Berman, the author of the infamous "Berman Bill." My senators are Dianne Feinstein and Barbara Boxer. All three are massively 0wn3d by the RIAA & MPAA. What a predicament I'm in!

      Berman is standing for re-election this election. He might as well be running unopposed like another congressman in a neighboring district is. David Hernandez, the Republican in the race, would rather be Mayor of the City of the San Fernando Valley than Congressman for the 28th Congressional District of California. The Libertarian is serious about it but he's not really competitive. Basically Berman will be in whether I vote Libertarian, Republican or write in Lawrence Lessig in protest.

      When Feinstein and Boxer come up for re-election, I'm really faced with a painful choice. Both are women. Both are people whose views, outside the Intellectual Property arena, are pretty much views I share. But because they are gunning for my industry and paid lap dogs of people who want to seize our computers and place us behind glorified XBoxen, I am going to have to vote against them.

      This is a nightmare, folks. Unfortunately Zoe Lofgren and Rick Boucher don't represent me. These chuckleheads do. Pity me.

      --
      Knowledge is power. Knowledge shared is power multiplied.
  76. Justified and Ancient by Anonymous Coward · · Score: 0

    Mu-mmu!
    Mu-mmu!

  77. Then don't support the RIAA by gad_zuki! · · Score: 2

    > The RIAA only cares about its own music

    True, so logically the best way to go about getting music on your terms is to disconnect yourself from their artists.

    I'm listening to epitonic's webcast right now at 128kbs and will buy a couple albums just from hearing the tracks on this channel and also from the free downloads available at epitonic. InSound.com does the same thing, but their webcast isn't as nice as the hundreds (if not thousands) of tracks available at epitonic.

    RIAA alternatives have existed for a long time and will continue to thrive regardless of the games the RIAA keeps playing.

  78. Prices by Kidbro · · Score: 3, Insightful

    what hellhole do you people live in that CD's cost 18 dollars?

    In Sweden and the UK (the only two nations in which I know the price situation) $18 is definately not much for a CD.

    Although RIAA is a US organization, their pricing affects the rest of the world too...

  79. Don't contribute to the RIAA "deep pocket". by zerofoo · · Score: 2

    So, you want to kill the RIAA deep pocket? Don't contribute to it. Only buy CDs from artists directly...do not buy music through the retail channel. Send a clear message to the RIAA that they are an un-wanted organization. Give your money DIRECTLY to the aritsts.

    -ted

  80. makes me sad by tewwetruggur · · Score: 1
    I used to be able to get CTTE and Leftoverture for $9.99, but the prices magically went up one day, and it wan't inflation.

    --
    Hi! This is the Sig, blatantly attached to the end of this comment.
  81. Old Chicago House by szyzyg · · Score: 2

    I have original pressing of all those, every now and then I'll break them out at afterhours parties mostly so people can see these choice items from history. They're great in context, they shouldn't be forgotten, but if I tried to play any of them without the contect I'd lose everyone from the dancefloor... It's a shame I'd really love to one up all these lame 70's and 80's nights and do more focussed theme parties - Recreate the sounds of the Warehouse for a night, or the Paradise Garage, The Hacienda Club, Shoom, the love parade, hey even studio 54. I have the records, it's just hard to get a one off party to work.

    For me the real turning point for house music is 'Voodoo Ray' by a Guy Called Gerald - suddenly house grew up and became intellectual and danceworthy.

    KLF were pretty damn interesting too, moreso in their guise as media terrorists.

  82. Yeah But What If..... by flyneye · · Score: 1

    what if there were open source music?Bands that put their Mp3s out under some sort of licence that lets their music get airplay free for little guy stations.but still gets paid for commercial use.
    maybe an open source music industry would provide the neccessary competition for those mainstream idiots.nyuk,nyuk could be bigger'n punk rock!

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  83. Small webcasters are acting foolishly... by curunir · · Score: 4, Interesting

    The responses to Rusty's letter all seem to be shortsighted, bitter and overly idealistic. They entirely miss the reality of the situation. Namely, it is: Come October 20th, the DMCA mandated fees decided by CARP will be due and no one but the largest webcasters (yahoo et al) will be able to afford it.

    Killing HR5469 won't mean that both sides go back to the bargaining table to negociate a new deal. The RIAA had little reason to negociate HR5469 in the first place. They only did it because they saw it as a PR win due to the negative publicity stirred up by webcasters like SomaFM. Since webcasters came to the table with very little to offer the RIAA, HR5469 basically represents what the RIAA was willing to give up. If that means the smallest webcasters are SOL, then there was basically no posibility that they wouldn't be. Opposing the bill is basically just sour grapes that those large enough to be helped by HR5469 will be able to continue to operate legally.

    Let me respond point by point to the letter posted above:

    "What happened with HR 5469 directly affects EVERYONE is the webcasting community and to pretend otherwise is a joke."

    This is true. While small webcasters will not be directly affected by HR5469, if the bill isn't passed, the mid-level webcasters without pockets deep enough to pay CARP fees will go away. Then who will be left to oppose the RIAA and fight for the small webcasters? No one. The RIAA will have no one left who is organized enough to lobby against them. Small webcasters like to make it seem like HR5469 is exactly what medium-sized webcasters wanted. This is completely false. There is specific language in HR5469 that says that that the agreement is *not* voluntary and has been forced upon them by the RIAA. HR5469 is a first step, but there might not be any further steps if it doesn't pass.

    "But there is something horribly wrong with the FACT that what began as a private negotiation ended up being turned into a piece of legislation forced as a yolk around the necks of people who had no say in the matter."

    On the contrary, the yoke you're feeling is the DMCA. You're free to ignore HR5469 completely if you so choose. The only difference HR5469 has is that it gives you the option of paying $500/year instead of the outlandish per listener charges imposed by CARP.

    "I am tired of being asked as a member of the webcasting industry to accept something so horribly wrong just because some people think this deal was "the best they could get."

    Ok, so you try getting something better from the RIAA. You hire a lawyer/lobbiest to negociate a deal. Saying that this isn't the best deal that could be gotten is disingenuous and assumes that there was good faith on the part of the RIAA to find a solution that would be acceptable to small webcasters. I think most of /. would agree that the RIAA has no interest in lowering the barrier to entry in this arena (or any arena where they are involved).

    "To me it would be like being invited over to lunch and expecting to eat Chicken Salad - and then being served Chicken S**t. There might be a large portion of the webcasting community who can stomach that, but I can't."

    On the contrary, you were told that you can eat the leftovers if you so choose. You're getting free food...it's entirely your choice whether to eat it or not. So you're hungry...but that isn't the fault of the people who gave you the leftovers.

    "The RIAA never had any intention of dealing fairly, honestly and respectfully with the webcasting industry. Those that sat down privately to negotiate a deal for themselves did so in their own best interest and for their own individual reasons. I don't believe there was anything wrong with that."

    Exactly. The RIAA has never intended to make it possible for very small webcasters to operate legally. The fact that the mid-level webcasters sat down and hammered out a deal with the RIAA that would allow them to continue to broadcast can only be seen as a good thing. For the most part, these webcasters are not faceless corporations who only care about their own existance. They are labors of love who will continue to fight for the rights of the smaller webcasters. To silence them will mean that there will be no one left to negociate with the RIAA.

    "But when the self-serving agenda of a few becomes something that is foisted upon the community as a whole, then I cannot, must not and will not stand by and accept such an American Injustice."

    Again, I challenge you to show that anything has or will be "foisted upon" you by HR 5469. You're free to go by the CARP regulations if you so choose. Please show how the agenda of the webcasters who negotiated this deal has hurt your situation (and you might try using an actual argument instead of just spouting rhetoric.)

    "Just because people are claiming right now that HR 5469 in its present form will not really hurt the industry does not mean that is the truth. The only entity that HR 5469 helps is the RIAA and it is a sad truth that they care nothing about the industry they are destroying."

    Fact: if HR 5469 does not pass, any webcaster that has any voice in Washington will stop broadcasting (aside from the large corporations unaffected by HR 5469.) You're right that the RIAA doesn't care. But shutting down the only people with a voice loud enough to make the RIAA take notice is misguided, short-sighted and foolish.

    This whole "rift" in the webcasting community only helps the RIAA. Webcasters should be happy and support any measure that benefits any member of their community. To do otherwise only ensures the RIAA will get their way.

    --
    "Don't blame me, I voted for Kodos!"
  84. Re:But there must be limits by Shadowlore · · Score: 1

    What gets me is the price of DVDs compared to Audio-CDs. I pay less for DVDs than I do for Audio CDs. New or used.

    --
    My Suburban burns less gasoline than your Prius.
  85. Everyone decries "bad" quality RIAA music... by Anonymous Coward · · Score: 1, Funny

    ...but yet that's all that people want to steal? All this free quality independent stuff, and yet no one wants it?

  86. Yes, but by tkrotchko · · Score: 2

    Even at $14, its too much.

    Perhaps if they lowered a CD to under $10, it would then be worth it to try albums that you might like.

    But for $14-18, you don't buy it because for that kind of money, every single track better be good. Its no longer an impulse buy.

    Very few albums qualify any more under the harsh criteria of actually being *good* for a whole 50 minutes.

    What a concept.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  87. thanks for nothing by twitter · · Score: 2
    Creating your own music or 'net radio station hasn't gotten any harder

    Uhh, yes it has. This establishes fees on webradio, regardless of how small, regardless of the fact that they consume no limited public resource. The size of the fee today is much less important than the precident set, though most average joes won't want to spend $500 to broadcast their music. That's right, their music that has nothing to do with the RIAA. Wanna bet any of them will ever see any pay out for this?

    So great, they shut everyone else down this way. How am I going to vote with my dollars then? There's only one name on the ticket. Who do my aspiring musician friends get to deal with then?

    Don't take my word for it, trust Mack. He seems to have hit it on the head. "What stream?" asked the pig.

    --

    Friends don't help friends install M$ junk.

    1. Re:thanks for nothing by muzkfan · · Score: 1

      Non-RIAA artists get paid for webcasting just like the RIAA ones. The law says so.

  88. This is article is so right. by Lonath · · Score: 3, Insightful

    I've been saying this for months.

    You need to stop giving money to the copyright industry forever.

    It isn't about copying or piracy, it's about competition.

    The tools you use to steal their content are the same tools you can use to COMPETE with their content.

    They are lying when they talk about piracy. Don't talk about piracy, because if you do, then you're being reeled in by their lies. Make sure that you tell people that it's about competition, not stealing.

    It's about using copyrights to hinder the progress of the sciences and useful arts by trying to take away the machines that people could use to promote the progress of the sciences and the useful arts. They can't allow these machines to exist or else they'll make less money as people become able to compete with them on an even playing field, but with much less money.

    It's about giant corporations using lies to subvert the Constitution to destroy freedom because they think that they'll make more money.

    So, please don't give money to the copyright industry ever again. They won't ever stop, and they will wait as long as needed between laws, and they're willing to take steps as small as needed to get toward their goal of preventing the existence of machines that will let people compete with them.

  89. Denial-Anger-Resignation-Acceptance by 2square · · Score: 0

    The RIAA numbers must evidently tell them that for the time being they can make more money by throwing armies of lawyers at the problem. Can anyone guess how long it will take them to switch to adapting to the new reality and distributing ALL music for low cost? How does it go? Denial->Anger->Resignation->Acceptance...

  90. Metaphors elude you... by Gruneun · · Score: 2

    I sat here for a few minutes trying to formulate a response. When I realized how painful it was to slow my brain down to the corresponding level of your post, I decided it wasn't really worth it.

    I'd call you a troll, but most trolls do a better job of formulating a post that will incite people. You, on the other hand, seem to post things that just don't make sense. Perhaps, the reason that your past posts fail to get moderated up, nor down, is you largely get ignored.

    1. Re:Metaphors elude you... by Anonymous Coward · · Score: 0

      So.... it IS nu-metal?

  91. F them All by icrooks · · Score: 1

    I am so sick of big corporations.

    Just because their businesss model is shattered by the internet, they want protection. You know what, to fn bad.

    Music is falling to digital

    Movies are falling to digital, their now complaining that DVD are to good that no one wants to come to movies.

    Microsoft will fall to Opensource.

    I love every minute of it. It is called a free market, get over it and get your shit together.

  92. Free market = communism? by intermodal · · Score: 2

    There are a lot of layers of financial interests here, but they do all boil down to *controlling the distribution channels*, which in turn controls where the money flows. (Which I've been saying every time this topic rolls thru Slashdot. And now some news organ picks up the story? Obviously they've infringed my copyright! :) So, to paraphrase the RIAA, in other words, if the artists don't bow to the RIAA and that "community", depending upon the RIAA to manufacture and distribute their CDs, then the workers are controlling the means of production, and therefore Communists for not bowing to the RIAA and their community...*gets dizzy from all the circles*

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    1. Re:Free market = communism? by D+iz+a+n+k+Meister · · Score: 0

      Funny how "free market equilibrium" quickly becomes "to each according to his needs, from each according to his ability"

      --

      He painted a unicorn in outer space. I'm askin' ya, what's it breathin'?
  93. Re:It All ENDED With Punk! by Anonymous Coward · · Score: 0

    there was a huge explosion in musical diversity

    that punk crap sounds like a huge explosion, not musical at all. diversity? yeah, a huge assortment of lower class white shitheads that couldn't play their instruments! what bullshit.

    granted the '70s prog rock was getting over done. but don't forget, at the time, that was the only rain in the desert of disco!

  94. On the subject of raised barriers... by mrBoB · · Score: 3, Insightful
    This is quite an interesting angle. One that now I think about it makes complete sense. I never really put the online proliferation of music into quite that context. RIAA surely has the intent to stop unsigned artitsts from reaching mass market. The DMCA pretty much gives them carte-blance in protecting their monopoly.

    Consider:

    An allegation against you, Joe Webcaster, that your site streams copyrighted material. Even though you stream music that is 100% free (or otherwise requested to be mass-distributed by whatever means), the mere allegation and C&D almost requires you to stop streaming until you can be proven innocent (I don't beleive the DMCA actually follows innocent till proven guilty). Meanwhile you are "off-the-air" until it is cleared. An obvious win for the labels, regardless of the outcome in the trial.

    It would be nice to know if whether it would be considered libel for an organization to claim copyright infringement when in fact there is none... Of course, this would require that such webcasters be 100% legit, because we do know the lengths to which the RIAA will go to put someone down.

    Anyway, thats my 0.02.

    -Bob

  95. Re:Music legaly isn't like software by Anonymous Coward · · Score: 0

    A free music licence would say that you could copy and distribute the music as long as you didn't charge a fee to the user.

  96. Complaining about RIAA or because it's not free? by vanyel · · Score: 3, Interesting

    RIAA doesn't have any hold over independent artists. If you get the agreement from an artist who hasn't already signed away rights to their music elsewhere, you can webcast it to your heart's content.

    Conversely, if you want to webcast music they have got their mits on, well, there's no reason you should be any different than any other radio station that has to pay royalties on it. The main difference is they advertise or hold beg-a-thons so they can pay the royalties (and for other minor things like salaries and equipment). Granted, the royalties should be scaled to the audience size, but if the rates are unreasonable, I find it really hard to believe that artists that have signed away all rights to their works to RIAA are the only ones making good music.

    Webcasters need to tell RIAA to stick it, and come up with a working model that works well for good new independents looking for exposure, and by working, I mean keeps working after they're exposed so they can actually make a living from it (which I think should be easy to do if RIAA/studios are taking so much off the top). When webcasting then takes off with good new unaffiliated talent but won't air the "mainstream" artists because of the restrictive rules/pricing, I think you'll see a lot of major squawking and rewritten contracts and rules.

  97. Sources of Free (Open) Music by SnakeStu · · Score: 3, Insightful
    There are several Open/Free music licenses, and a growing number of works licensed with them. However...

    Is there enough non-RIAA-ontrolled content to make web radio, son-of-napster, etc viable again?

    I would suggest that such a point of viability is subjective. Someone who intends to boycott "corporate music" will perceive that viability at a much lower quantity of available work than someone who is still mostly sold on entertainment with the corporate stamp of approval.

    If so, someone please post links!

    The link in my .sig, to the Open Music Registry, is one starting point for you. There are hundreds of songs listed in it, all licensed with the EFF's Open Audio License. But are "hundreds" of songs "enough" to be viable for the stated purposes? (Luckily there are works licensed with similar licenses, but I don't know how many are actually available.)

  98. Is there any groups against RIAA? by Business+King · · Score: 1

    Are there any groups that can help us out and that are against the RIAA?

    Slashdot Team,

    Can you add a link to congress website for email letter submission to all of these hot legislation topics, so we can write congress easier?

    Thanks in advance to anyone that can help!

    -Adam

  99. Come on, RI by ajole · · Score: 1

    To be forward, when are they going to get it? This isn't a question about how to stop music piracy, it's a question about how long they can fend it off. We're learning more, using more, and son enough we'll _all_ be writing our own streaming capability. As long as we have a line-in and tcp, we can do anything.
    Figure it out.

    --
    -P ...and the boy pulled open his bleary eyes an discovered the python he always knew he was.
  100. So, fight! by Chris+Johnson · · Score: 2
    Yes, absolutely: they want to raise the barriers to entry.

    Here's what you do. Here's what you GOTTA do.

    Anyone out there who can play, sing, compose, you need to get cracking and start working your ASS off- produce something. You're the front lines.

    Anyone out there who can get the word out about musicians and bands that aren't RIAA but really should be getting work anyway- take some time, do it, get the word out. You're the supply lines.

    Anyone out there who can hunt down indie music and spend even half as much as you're used to giving the RIAA, do it! Just because most indie acts put up free downloads doesn't mean you should be doing the download thing only- if they don't have a way for you to buy something tangible (CDs, shirts, what have you), then FIND a way to give them something. They're only doing the free downloads because (a) they're nice to you and/or (b) the RIAA have so poisoned the industry that they have no hope in hell of ever getting paid. By YOU. The RIAA have come between these musicians and YOU by setting up a situation in which the musicians are so locked out of mass media that they've given up completely and are putting up mp3s for nothing.


    OK, so who am I to be saying all this? I'm a guy who can't sit on the sidelines any more. Recent events drove me into the studio because I _had_ to start turning out songs, songs with words, words that said what I needed to say.

    With tracks like "Take A Number" I'm playing in the major leagues. I have been playing for twenty years and never had the kind of capabilities I have today, and I am using it to put out musical material that is better than a heck of a lot of the major label crap. How?

    When I started, you could only get cassette multitracks. Now, I work on a 20 bit ADAT- you can also work on digital audio workstations, that barrier to entry has collapsed. The major label guys running 2" 24-track tape can beat you- but the majors are using DAWs for everything now!

    When I started, there was a big gulf between pro and hobbyist gear. Now, I'm using a compressor (the FMR "RNC") that's widely raved about by working sound engineering professionals, and it's just $200. There's a reputable large-diaphragm condenser mic, the Studio Projects C1, also $200. FMR's coming out with a killer mic preamp for $500. You can buy decent guitars from Samick for dirt cheap and stick better pickups etc. in them, replace the electronics. That barrier to entry has collapsed- if you know what you're doing, you can get truly professional sound for damned little.

    When I started, the only source of information was trade magazines. Now, the trade rags (except for 'Tape Op') are worthless tools of advertisers, but there's dozens of Internet gathering places for pros in every area of studio and live work. You have to not be a know-it-all but the amount of learning that can be done is shocking. Google Usenet search is your friend. We didn't have that when I started.

    I started out dubbing tape cassette releases, buying bulk tapes and boxes, literally pasting up artwork to photocopy tape inserts and labels, with the lettering typed on a typewriter or rubbed on with Letraset. Now- well, do I have to mention Photoshop? Desktop layout and graphic design? Thought not. That barrier is demolished.

    So, now that I have ALL THOSE capabilities, now that I am ready and motivated to blow the roof off and make fantastic music (I once took a music business course from a teacher named Peter Knickles. Talked to him after class as he was packing up. His two words of greeting? "Impress me." That's still the challenge, every time), now they want to bar the doors. Worse, they want to shut everyone else down- since by this point, large numbers of musicians realise it's a rigged game and they're hosed before even starting. You've got discouraged or contemptuous musicians refusing to even deal with the majors, knowing what a hose job they'd get.

    Musicians make music. Whether there's money in it or not. That's why I kept playing these 20 years (started at around 14- I'm not an old codger, just 34 ;) ). If there's no hope for paying gigs, musicians will continue to make music and try to get it heard through avenues that aren't going to pay in money, they'll just try for some exposure because music is for hearing, and even THAT isn't good enough for the RIAA, they're trying to shut down even THAT!!

    Well, fuck that.

    I'm going to keep making music, and I'm NOT going to resign myself to a future in which it is worthless and marginalized. There's a lot of you who are ready to copy bootlegs of majorlabel CDs around, there's a lot of you who are ready to stream majorlabel tunes over the Internet. I'm the one who is ready to curse the major labels and never deal with them and function as a serious musician and songwriter completely apart from them. And you know what? I never did like marketing hype and schmoozing people to listen to my stuff and I don't give a damn if you all continue to just wank off with major label crap, persuading yourselves that you're being rebels because you're not paying them in cash, only in attention.

    I'm not doing it for YOU.

    I'm doing it because of a certain kid I once was, who listened to prog-rock in the middle of the night and wanted to be just like that, who struggled to learn how to play, who eventually learned the truth about the music business some years before it became obvious to everybody else, and whose heart was broken at the loss of that dream, seemingly forever.

    The various scars and blisters on my hands, and the tunes I have for downloading, say this: that dream is only as dead as you want it to be. Some of you may be learning this, too.

    So. Get out there and FIGHT!

    -Chris Johnson

  101. Re:Obscurity? Kind of... by Anonymous Coward · · Score: 0

    very good points-
    we have been brainwashed to think that we all have to listen to the same superstars.....thats how the corps make money. By promoting 10 big stars rather than every bit of talent. Instead of just looking for someone with their own talent, they go out and try to mold something that their latest focus groups would love. There are people who like 'filler' to pass the day and that is fine. I for one like some substance..no soy for me.
    sam

  102. with IPv6 multicast by zoftie · · Score: 1

    seen now it is still very expensive to do radiostations on the internet. once we have IPv6, anyone who will have cable modem will be able to have a gig online, with extremely large amounts of listeners and have O(1) bandwidth consumption. Switch is already on the way, many large carriers are switching to IPv6 , only hope is that multicast is enabled. Multicast is often misunderstood and a source of pain for many it departments, because it was an easy target to cause alot of damage. If I were you, I would have fingers crossed for multicast to come, and if you are sysadmin - learn as much as you can and enable Multicast on your subnet.

    after all code is what is governing cyberspace not laws. with multicast it would be very hard to track down and punish those who don't pay respect and dues to governments/corporations.

  103. It's about control and recruitment by smiff · · Score: 2
    They just want to receive money whenever "their" music is played.

    This isn't about getting money whenever their music is played. It is about ensuring that only their music is played. If webcasting is cheap, you can play whatever music you want. If you have to pay to run an internet radio station, you have to get money from somewhere. The RIAA is all too happy to vicariously provide you with that money, as long as you play their songs. Independent artists don't have the capital to overcome that hurdle, so they have to sign on with a major music label.

  104. Music scene here is lame too by rotwhylr · · Score: 1

    Massachusetts, USA isn't much better. I have friends in bands struggling to make money and keep their integrity at the same time - no easy matter.

    Thanks for the link - I'll take a look.

    --
    -- Windows is not simply installed on a computer; it is inflicted.
  105. stop artificially inflating CD prices by Chiggy_Von_Richtoffe · · Score: 1

    >If you want to make a case against the RIAA, by all means, do so. But please stop artificially inflating CD prices.

    You are very much right in that, but you have it backwards on this issue ... http://slashdot.org/article.pl?sid=02/10/01/015820 3&mode=thread&tid=98 ...
    Regarding the examples you cited, yes those are less than 18$US but no-where near fairmarket value.... also for better/lesser circulated stuff:
    Avenged Sevenfold
    From Ashes to Autum (sic)
    Coheed & cambria
    -goodtimes

    >It just hurts ones credibility, in the end.

    Yes your right here also. please keep that in mind.

  106. Matching fans with music by smiff · · Score: 2

    I want to see a website, lets call it SwellMusic, designed to bridge the gap between independent artists and music fans. The RIAA's great value is picking out good music from the junk. SwellMusic needs to do the same thing.

    This is how I see it working: an Artist posts one of their better songs in the new music section, specifying which genres it fits into. Registered hardcore music fans vote on how well they like the song. Bad songs disappear. Good songs get posted for everyone to hear. Kuro5hin.org does this with stories, and it seems to work quite well (get an account and check out the moderation queue).

    If the song is really good, the site should play it on the appropriate radio station (one station for each genre). Better songs get played more often. The site would also keep a chart of the most popular songs for the day/week/month/year.

    If a fan takes a liking to an artist's music, they could go to SwellMusic to buy the song/CD, and download it in a lossless compression format. Or for an added fee, they could have a CD custom made and delivered through the mail. The non-profit SwellMusic would take a commission on the sale to cover their costs. The artist would determine exactly how much they charge and they would decide how to license their sample songs (public domain, OAL, allow free distribution for a limited time, etc). The artist would also decide if they will post Ogg Vorbis files of all their music, or just some select samples.

    SwellMusic could also let the artist donate money to charity. When someone buys their CD, it would list where the money is going:

    Great Band CD

    • $0.75 SwellMusic
    • $1.50 American Cancer Society
    • $4.00 Divided among the artists
      - - - - -
    • $6.25 Total

    SwellMusic would track all the donations to the American Cancer Society, and send them a monthly check.

    Each artist should have their own section on the website. They could post comments, lyrics, decide if their fans can write comments, etc.

    The site should also let artists post when and where they will play. Fans would go to SwellMusic, punch in a date and zipcode, and get a listing of all SwellMusic artists playing in the area on or around that day.

    If the site generates extra money, they could use it to write open source music software, create high-quality sound samples, build up an endowment, etc.

    SwellMusic would be a great source for finding independent music, and it has far more potential than I've listed here. My question is, why doesn't SwellMusic seem to exist? Why don't all the artists who complain about the RIAA, get together and form SwellMusic?

  107. MOD PARENT UP! by mekkab · · Score: 2

    I hate suckaz who anon their criticism.

    log in and we'll have a battle royale!

    Even if I lose a battle of wits I can still spray you with my cats hyper-active anal glands. You'll be showering for a week.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.