Slashdot Mirror


Six Giant Music Retailers Will Try Online Sales Together

PingXao writes "The New York Times is reporting that several music retailers are banding together to test online sales. Sad to see the article's author flat-out claim that '... a proliferation of free music-swapping services on the Internet has led to a decline in CD sales.' The retailers are starting to get a clue but still have a long way to go as evidenced by 'Recording companies make the music...' and 'We are in the customer relationship business.'"

294 comments

  1. Any bets.. by josh+crawley · · Score: 5, Insightful

    Any bets that this will be crippleware music with heavy DRM locks?

    And then it will fail? I surely could do without this crap.

    1. Re:Any bets.. by jc42 · · Score: 1

      Actually, their sites will be cracked, and the sound files will be replaced with files of equal size but containing silence.

      Other files will start with a 30-second FBI warning that most customers will have to listen to because MS Media Player and RealPlayer will both refuse to skip over it.

      And after a few days, the files won't play at all unless you pay more to extend your license.

      (You don't think you'll be legally buying the songs, do you?)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    2. Re:Any bets.. by Planesdragon · · Score: 1

      And after a few days, the files won't play at all unless you pay more to extend your license.

      Unless they said so in the original deal (or had a "we can amend this at any time" line), they'd get dragged into court for that.

      When the service comes out, let's look it over--and if it's good, we use it, and if not, we let them know why we won't use it.

    3. Re:Any bets.. by Anonymous Coward · · Score: 0

      Any bets that you will be able to get off my foes list?

    4. Re:Any bets.. by Suidae · · Score: 1

      Unless they said so in the original deal

      As if any significant fraction of the sheeple buying the crap will read the fine print?

    5. Re:Any bets.. by anubi · · Score: 2, Interesting
      Yup. I looked at Pressplay and MusicNet which the music industry was pushing... same old stuff. It required special stuff to play it and it was full of restrictions. I could not legally buy what it is I wanted (plain MP3). Sorry, not interested. I think an understanding of what the market wants is in order.

      Let me relate a personal experience. I generated a post on Slashdot on another forum. Looking back on it, I should not have posted it, but I did. It was promptly moderated down to -1 (redundant).

      Did the moderators have anything against me? I think not. It was a crappy post.

      What did I learn? Slashdot provided me with a forum where I could run an idea up the pole and see if anybody salutes it. In this case, they pissed on it. The system worked. I simply had a lousy approach. Often I do not see my own fallacy, but others did. Once it was pointed out to me, it was obvious. I shall not grace the pages of Slashdot with another post of the likes of that ever again.

      How does that relate to this topic? The industry is trying again and again to force something down our throats. We "moderate", via the market, that the concept is not to our liking. It is up to the industry to either come back with something better or just drop the whole idea. Coming back with the same marketing plan is paramount to me making a similar post to the one everyone pissed on. History will repeat itself, and much money and time will be invested uselessly.

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

    6. Re:Any bets.. by whereiswaldo · · Score: 2, Interesting

      They can come up with any gimmick they want. I'm never going to pay eight dollars for a _single_.

      Make it two dollars a pop, let me download the whole song first at a 56kbps bitrate, and I'm in.

  2. what's next??? by stonebeat.org · · Score: 1, Funny

    movies that you can d/l? oops they already have that.....

  3. here we go again... by natron+2.0 · · Score: 4, Funny

    Let me be thhe first to say it:

    "Downloading music on Kazaa causes me to go buy CDs, I just like to preview the songs first"

    come on you know you all were thinking it...

    1. Re:here we go again... by Rande · · Score: 2, Interesting
      Downloading songs makes me _not_ buy CDs.

      I'd be tempted to buy them except that once I can sample the rest of the songs on the album, I decide that they're a waste of money.


      For some reason, I'm hooked on anime themesongs.

    2. Re:here we go again... by Oculus+Habent · · Score: 3, Interesting

      Indeed, plenty of good songs are on bad CDs. It would be nice if you could make compilation CDs with the individual tracks you want - preferably made in a local kiosk. That way they could cost less, and they would have just what you want. Ideally, you could also call the local music store, buy one over the phone and drop in to pick it up.

      Downloading songs allows me to be sure about buying a CD before I do - I've wasted money on plenty of "One Hit" CDs that I never listen to.

      Buying online, if available per song with a *slight* discount for a complete album, could prompt me to buy music more. The convenience it a big factor.

      And even if it's set up in a DRM environment, if the sound is high-fidelity (better be if it's locked out - should be anyway) I can encode an MP3 on a second computer (maybe even the same one) and use it elsewhere.

      Of course, they have to keep in mind that it's very easy to make the switch back to file-sharing if things go badly.

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    3. Re:here we go again... by Anonymous Coward · · Score: 0

      Actually, downloading music from Napster caused me to go buy CDs. Then "they" shut Napster down. Now I refuse to buy CDs because "they" are money-grubbing bastards who don't know they have it so good. Besides, who wants to spend $25 on a CD when I only want one song?

    4. Re:here we go again... by Anonymous Coward · · Score: 0

      Nobody claims cause & effect. You do enjoy putting words in ours mouths. It is, however, a correlative fact that from the day the RIAA got Napster shut down on music sales having been falling. There are many other factors involved, but Napster did significantly contribute to the music boon from the late 90's. RIAA took care of that.

    5. Re:here we go again... by germinatoras · · Score: 4, Informative

      There are lots of people who really do that, though. For me, it's a little of both, but either way the RIAA is ultimately better off for it.

      It would take several hands to count the number of artists that I've discovered (and purchased music from) due to finding the MP3s on my friends/family's computers.

      Examples:

      • Liquid Tension Experiment
      • Goldfinger
      • Tracy Bonham
      • Hole (Courtney Love)
      • Chris Ledux (yes, it's country - forgive me)
      • Stabbing Westward
      • MxPx
      • Reliant K
      • The Get Up Kids
      • Blinker the Star
      ...and many others. As far as "previewing" music via illegal MP3 downloads, consider that there are people who really do work that way. I want to be legit, but P2P is the best preview service available.
    6. Re:here we go again... by Anonymous Coward · · Score: 0

      I hardly ever used to buy CDs until MP3s came along. Then I was hooked. I learnt more about music and bought more music in the following year than I'd done in my whole life previously.

      Then I saw all the laws being brought in to stop it, the ridiculous and arrogant attitude of the RIAA, and the underhanded tricks intended to "protect their intellectual property". I haven't bought a CD since from an RIAA artist, and frankly I don't know if I ever will again.

      It's not so much a boycott, I just can't stand the thought that my money will be going to buy laws to take away my freedom.

    7. Re:here we go again... by arkanes · · Score: 1
      The Rasphody(sp?) service lets you do exactly this - it's a pseudo-play on demand web radio, combined with the ability to burn tracks directly to CD for a buck a track. It's MPAA run/sponsored, so you get all the top 40 stuff (pretty much essential for this sort of service to get broad appeal) as well as some more obscure stuff.

      They claim the CDs it burns are normal CDs - I don't know, I've only tried the preview service, which doesn't support the burning. All in all, it looks alot like the kind of service people say they'd support if it existed.

      It's worth taking a look at anyway.

    8. Re:here we go again... by Khazunga · · Score: 4, Insightful
      It would take several hands to count the number of artists that I've discovered (and purchased music from) due to finding the MP3s on my friends/family's computers.
      And here lies the danger of P2P to record companies. They are the middle-men. They are the ones who control *who* is the next big-hit, who gets airtime, who goes on display. If people stop needing them to filter good bands out of all the garage teens playing today, their business will be no more (since artists won't see a benefit in signing for a label).
      --
      If at first you don't succeed, skydiving is not for you
    9. Re:here we go again... by Anonvmous+Coward · · Score: 2, Insightful

      " As far as "previewing" music via illegal MP3 downloads, consider that there are people who really do work that way. I want to be legit, but P2P is the best preview service available."

      I've noticed that few of the bands I've typed in have produced entire albums served by the same user. This suggests to me that people aren't running around trading albums, but rather they search for a band they've heard of and download the songs that are the most popular. This strikes me as the behaviour of curiosity, NOT the behaviour of somebody trying to save a few bucks.

      If what I've seen is indicative of a significant population of the P2P networks, then the RIAA has absolutely no case. If one does not download the whole album, then they have not stolen. There's still plenty of value in the rest of the CD.

      Is the value diminished? Some would say yes, I would say not really. The truth of the matter is that somebody searching for new music to try isn't likely to invest much time into checking the band out, thus the sale's never made. Now, the band has exposure that it never had before. One of two things are likely to happen: 1.) the user is first in line to buy the next CD produced by that group 2.) the user can recommend this music to somebody with similar tastes. Even if the CD isn't purchased to legitimize the claim, there is absolutely no basis for claiming money is lost in the situation I described.

      The truth of the matter, though, is that everybody's got their own way of working. Most of the demand there is either directly or indirectly leading into revenue. If that's not enough for them, then they should consider identifying why people are downloading music and figure out how to make money with it.

    10. Re:here we go again... by mjtiernan · · Score: 1
      And here lies the danger of P2P to record companies. They are the middle-men. They are the ones who control *who* is the next big-hit, who gets airtime, who goes on display. If people stop needing them to filter good bands out of all the garage teens playing today, their business will be no more (since artists won't see a benefit in signing for a label).

      I agree with this, but there is something important that needs to be said about this. As you stated, in a world where power is shifted away from Record Lables, P-2-P can affect who is the next big hit, airtime, displays, etc. The beauty of this is that the popularity of the songs and artists discovered is based on the quality of their music. NOT who gets on MTV the most or placed in commercials or pays ClearChannel or Infinity to put them in rotation. This would be fantastic!

    11. Re:here we go again... by yourmom16 · · Score: 0
      If one does not download the whole album, then they have not stolen

      It wouldnt be stealing anyway because they dont lose anything they already had. Thats just RIAA propaganda.

      Its copyright violation, and it still is copyright violation to just download one song, even though it doesnt hurt the RIAA in many cases as much as it helps them.

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
    12. Re:here we go again... by Citizen+of+Earth · · Score: 1

      I've wasted money on plenty of "One Hit" CDs that I never listen to.

      I certainly haven't. If the CD doesn't contain a critical mass of good songs, then I won't buy it. However, I doubt that the record companies make up bogus figures for how much money they've lost by selling a lousy product versus the bogus figures for losses that they claim for file sharing. (Also, if there is any hint of crippling of a good CD, I won't buy that either.)

    13. Re:here we go again... by cpeterso · · Score: 1


      I agree. Most of the CDs I have bought over the past few years are bands that I discovered on Napster/Kazaa/Soulseek, not MTV or commercial radio. There is a (small?) demand for music that is not being met by MTV or commercial radio. There is a market opportunity here for someone to make $$$!

    14. Re:here we go again... by Anonymous Coward · · Score: 0

      There's more recorded music than any one person could possibly listen to in a lifetime.

      If the average cd is around $15 and contains about 75 minutes of tunes, that's $.20 per minute of music, $12 per hour, $192 per day (assuming nobody listens to music in their sleep), $1344 per week, $69,888 per year. That's about twice the average income of a U.S. household, or 1.4 times the median household income.

      Put the two together. Yeah, I'm agreeing that people who are downloading mp3s aren't just trying to save a few tens of thousands of dollars. There's no way the record companies can expect to reap those kinds of profits from consumers.

      Here's a thought. All this talk of "piracy" is really just an artefact of being able to look in on people's listening habits. People have always listened to radio, and shared records, cds, made compilation tapes for each other. The only thing that's changed is that now people have the riaa's bloodhounds sniffing around the door. The record companies have been given the opportunity to live out every marketer's fantasy, and what do they do?--Panic! They're so cokedup paranoid it's not even funny. What's their connection to Washington, really? Is it drugs? Blackmail? How did things get so insane?

  4. I'll bite by MaximumBob · · Score: 2, Insightful

    What's wrong with "recording companies make the music?"

    They do - they bankroll their signed bands' albums. And most unsigned bands are crap. Granted, most signed bands are crap. But that's irrelevant - the recording companies did bring us Led Zeppelin, the Beatles, Eminem, etc..

    Saying the record companies don't make the music is like saying that Boeing doesn't make airplanes, their employees do.

    1. Re:I'll bite by twofidyKidd · · Score: 5, Insightful

      That sort of perception is the problem. The recording industry is a delivery medium, not a means to an end. The way things have evolved, yes they do produce the music, but its been my opinion and most likely, the opinion of others that the quality of said music has degraded to the point that it can be attributed to the decrease of record sales for the past 3 or so years.

      Suits should stick to business, musicians will stick to music and as such, should be the music makers. If the music industry isn't very obviously a monopoly to you or anyone else at this point, then you haven't spent enough time realizing the impact they've had.

      --


      Hades, PoD: Official Advocate
    2. Re:I'll bite by GlassUser · · Score: 1

      And the recording artists did not bring us Salt7, Mosseisley/Mushpot Conspiracy, and and Silverfox. The crap to good stuff ratio in music is high, and not really something you should use to compare like that. Your analogue is flawed too. If many individuals or small groups of them made planes, in addition to Boeing, it might work. But there is no parallel to the independent artist. Perhaps more appropriate would be something along the lines of "Hallmark doesn't bring us gift cards, its employees do."

    3. Re:I'll bite by anon*127.0.0.1 · · Score: 4, Insightful

      That depends... is "making" the music the creative process of arranging notes and lyrics, or the physical process of manufacturing the CD? If it's the former, then it's the artists that make the music. If it's the latter.. then hell, I've got a CD burner. *I* make the music.

      --
      I am NOT a man!
      I am a free number!
    4. Re:I'll bite by junkgoof · · Score: 5, Insightful

      Boeing hires people to design, prototype and build planes. People do not design planes and go to Boeing to have them produced.

      The music industry is starting to create bands (Britney, backstreet boys, Milli Vanilli...) with music made by unattractive artists and lip-synched by pretty artists, but they do not create music.

      The music industry looks for people who are already producing music. They take what they find, pretty it up a little, package it and flog it to the masses.

      Marketing has more value than content creation in America. Just ask the near-bankrupt contract company that manufactures hardware that M$ stamps a brand on. The brand stamping is a major cash cow for M$, the production company is in the red.

      --
      You got me into this! You were the ideologue! I'm only a poor assassin! - Twenty evocations, Bruce Sterling
    5. Re:I'll bite by Incorrigible · · Score: 0, Flamebait

      But that's irrelevant - the recording companies did bring us Led Zeppelin, the Beatles, Eminem, etc..

      Eminem mentioned with Led Zeppelin and The Beatles?

      (vomits)

    6. Re:I'll bite by barryfandango · · Score: 2, Informative

      Do you really think artists like Eminem are better than _crap_ unsigned artists, because they are just so genuinely talented? I would suggest it has more to do with the millions put into cramming those artists down our throats through every conceivable media channel. And the discussion of signed/unsigned is a bit reductionist - most people who choose music as a profession are at least on small/independent record labels. Check out all the "crap" on Alternative Tentacles, Anticon, (in the past)subpop, who brought us the bands that defined most/all rock music since 1991... i could go on.

      --
      In all matters of opinion, our adversaries are insane. -Oscar Wilde
    7. Re:I'll bite by Epeeist · · Score: 1

      Record companies currently produce and distribute the music as well as providing the PR for their artistes.

      If someone produces software that allows artistes to run their own Web sites selling music online or to produce customised CDs for people then there would seem to be little requirement for their services except for publicity.

    8. Re:I'll bite by Dugsmyname · · Score: 0, Flamebait

      "the recording companies did bring us Led Zeppelin, the Beatles, Eminem, etc.." To bundle Led Zeppelin and the Beatles with Eminem is SO wrong. The difference in the level of musical talent between these groups is staggering.

    9. Re:I'll bite by nicedream · · Score: 5, Informative

      I don't know much about the roots of Led Zepplin and Eminem, but I am a huge Beatles fan. And I'll tell you this, record companies had a lot to do with us not getting the Beatles sooner.

      They received countless rejections, including the one from Decca that famously said "We don't like their sound, and guitar music is on the way out". And once they did make it big, Capitol Records still felt they needed to rearrange their albums to make them more palatable to the American public.

      The biggest reasons for The Beatles making it big was their pure, raw talent, plus their strong drive to be the toppermost of the poppermost because they believed they were the "best fucking group in the god-damned world". And Brian Epstein definitely had a lot to do with their breaking through to superstardom too.

    10. Re:I'll bite by Skinny+Rav · · Score: 1
      The biggest reasons for The Beatles making it big was their pure, raw talent, plus their strong drive to be the toppermost of the poppermost


      ...plus George Martin - this one man himself proves how important is a music producer even to the best band. Of course they were great, but without him they might be just another band on the level of The Animals - good, very good, but not that great. So, yes, talent is important, most important, but "support" meaning a good manager, a good producer, a good recording engineer also help to produce, no, to create great music.

      Raf

    11. Re:I'll bite by Anonymous Coward · · Score: 3, Insightful

      If and when the Major Labels go down, while you and the millions of others who are fans of the Corporate Product they call "music" are left with nothing, life will continue as usual for those of us involved in independent music.

      This has been said again and again: MP3 downloads are a blessing to independent artists, and a curse to major label artists. It's a bell curve of success / downloads.

      Maybe what will happen, if we're lucky, is the death of Corporate Music. An artist could only get so big without becoming unprofitable. It would do away with the artists (and managers, labels, etc) who have nothing on their minds but money. We'd be left with just the artists who truly love the music and the art. Isn't this what we had before the 80's? Beatles, Led Zep, etc? The perfect position on the bell curve?

      Also can I say that your position that "most unsigned bands are crap" is truly disheartening. You'd think that Slashdot readers would understand independent music, what with all the Anti-Microsoft, Pro-Geek philosophy. The principle is totally the same: Bloated, useless, soul-less, well-marketed, poorly-produced crap vs. the true, powerful, under-budgeted, heartfelt independent. I'm excited to think that with just a little effort, you can make the discovery yourself.

    12. Re:I'll bite by frankthechicken · · Score: 1

      The crap to good stuff ratio in music is high

      And thank god for that, as long as that is the case it means we humans still have free will, different opinions, etc. Lets face it, the music industry caters for every whim, every music lover, and every tone deaf loving freak.

    13. Re:I'll bite by 91degrees · · Score: 1

      If there were no record companies, it's possible that we wouldn't have get the Beatles at all.

      Although it seems that record companies were as hopelessly conservative back then as they are today.

    14. Re:I'll bite by yusing · · Score: 1
      You seem to be really unclear on how it works. they bankroll their signed bands' albums

      Venture capitalists, art patrons, theatre 'angels' do not 'make'. They support.

      the recording companies did bring us...

      Another part of what they do .. Mass marketing. They risk some capital in hopes of a return.

      Saying the record companies don't make the music is like saying that Boeing doesn't make airplanes, their employees do.

      Artists are not employees. They contract with a company to produce, press, and market their music.

      Artists and music can exist and has existed without the record companies. The reverse is not true.

      --

      "You must try to forget all you have learned. You must begin to dream." -- Sherwood Anderson

    15. Re:I'll bite by CptCook · · Score: 1

      I would go one further and (truly not wishing to troll), in my opinion, you cannot put the beatles in the same category as the great Led Zeppelin.
      IMHO!

    16. Re:I'll bite by S.O.B. · · Score: 1

      the recording companies did bring us Led Zeppelin, the Beatles, Eminem, etc

      What are your drunk??? How could you put Led Zeppelin and Eminem in the same sentence? Eminem is a perfect example of what's wrong with the current music industry. Crank out the same drivel from no talent hacks and blame file-sharing for falling CD sales.

      People aren't stealing music - they're bored!!!!

      Before you accuse me of being a Napster whore, I disagree with listening to downloaded music without compensating the artists. However, I am against compensating an industry that values flash over substance and marketability over talent.

      The record companies should realize that their current model has been made obsolete by the internet. Rather than trying to maintain their tired industry why not try different ways to make money. I can think of two things off the top of my head.

      1) Stop gouging the consumer on CDs. They could cut CD prices in half and still make a reasonable profit. In all this business about file-sharing why did it not occur to anyone in the music industry that one of the reasons people are doing this is because prices are too high. People don't want to be criminals and if they are charged a reasonable price they would buy more.

      2) Use CDs/file-sharing as a vehicle to promote concerts and make the money there. For this to work the price of concert tickets would have to drop, tour budgets would have to be reduced and the artists would have to perform more often. If you don't think it will work this is similar to the model used in the 60's. 45's were used to promote artists and concerts were the big money makers.

      --
      Some of what I say is fact, some is conjecture, the rest I'm just blowing out my ass...you guess.
    17. Re:I'll bite by pixelpusher220 · · Score: 1

      sure...they had to eat something ;-)

      --
      People in cars cause accidents....accidents in cars cause people :-D
    18. Re:I'll bite by Anonymous Coward · · Score: 0

      Yep, record companies bankroll the recording, distribution etc of the music. But, from experience of being in a signed band, the artist is the LAST person to receive any monies. All money is paid out AFTER the record company has re-couped their expenditure AND a degree of profit AND interest on the expenditure, which in reality is just a loan. We sold a shitload of records and ended up still owing the record company money. The record company LEASES the studio time to you. Hires the producer/engineers ON YOUR BEHALF. Hires the packaging/design company ON YOUR BEHALF. Charges you for the marketing/PR. They then get the album manufactured ON YOUR BEHALF. You can get an advance on your contract, but, divided between each band member when you have no other income and bills to pay, it doesn't add up to much. And the advance has to be repaid. When the money comes in, you have to pay the record company back for all of the above before you see any money. At the end of the day, it is the A&R guy who brings you the music!

    19. Re:I'll bite by Anonymous Coward · · Score: 0

      Led Zeppelin, the Beatles, and Eminem are crap. Popular music can never be anything else.

    20. Re:I'll bite by Isaac-Lew · · Score: 1

      While I wouldn't put Eminem in the same level talent-wise as Led Zepplin or the Beatles, to say he's a no-talent is a bit of a stretch. I'm generally a fan of rap music created before 1995 or so, but I think his latest songs (especially "Lose Yourself" generally show a "flow" that's hard to explain or quantify to someone not a fan of the genre (and contrary to what some high-brow music fans think, rap *is* music - try reading about the history of it sometime).

    21. Re:I'll bite by pirula · · Score: 1

      MP3 downloads are a blessing to independent artists, and a curse to major label artists. It's a bell curve of success / downloads. Indepentent artists have been struggling against recording comanies for so long its unbelievable. back in 1999 the NYTimes did an article on a brilliant singer/songwriter named aimee mann who took the path many an independant artist has trod and started her own label after getting dicked around by the majors. Shes now one of the most downloaded musicians, and why should record companies complauin sice they refused to produce her in the first place? Record companies focus on marketing, and they only produce bands that fit one of their narrow demographics.

    22. Re:I'll bite by shepd · · Score: 0, Flamebait

      I think the reason why Eminem gets so much flak is simply because he flip-flops on issues.

      Just listen to his lyrics: First he loves people copying stuff on the net. Then he hates it. He loves people listening to his music. Now he hates it.

      It's hard to respect a man that can't keep his opinions on things straight for longer than a few months. And, if there's a reason why he's become the opposite of himself, a decent explanation (not the crap lyrics I hear in his music) would be in order.

      In my opinion, Eminem's music clearly shows either a man whose opinions can be bought for the dollar, or a man with a case of MPD. Take a pick -- either way it causes the lyrics in his music to be meaningless, and what's rap without lyrics? R & B / Soul / Funk? Eminem isn't exactly any of those.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    23. Re:I'll bite by geekee · · Score: 1

      Another person getting modded up for say music now isn't as good as when I was younger. The music industry isn't much different now than 30 years. How can they all of a sudden have gotten worse in the last 3 years. Also, how does 5 major labels, plus hundreds of independent labels, all competing with one another to sell you their musicians' music constitute a monopoly?

      --
      Vote for Pedro
    24. Re:I'll bite by geekee · · Score: 1

      But without finding a record label, the Beatles would never have been heard by a significant number of people. Just because some record companies don't have good judgement doesn't mean bands can sell significant numbers of albums without record labels. Look at kazaa. People aren't downloading unknown artists to find new stuff. Their downloading stuff that record companies have publicized in order to get radio airtime.

      --
      Vote for Pedro
    25. Re:I'll bite by plague3106 · · Score: 1

      Eminem is a perfect example of what's wrong with the current music industry.

      What exactly is wrong w/him? I think his music is good (well, the 2nd cd...not the first). Just because he's a new artist and you happen not to like his music doesn't mean he's 'whats wrong with the industry.'

      While i agree with the rest of your post, i think that piece is way off base.

    26. Re:I'll bite by plague3106 · · Score: 1

      Could also be that over time someones views change. You've never been mad at an ex-girlfriend, then missed her, then been mad again, and then ultimatly not care? I doubt that he writes the lyrics for all of his songs at once, and maybe his feelings on things change *gasp*.

    27. Re:I'll bite by ctve · · Score: 1

      Eminem? Maybe you should listen to some 80s rap like Public Enemy, Mantronix or Schooly D. Knock the stuffing out of Eminem, who is just a corporate creation, designed to be a rap version of Marilyn Manson.

    28. Re:I'll bite by shepd · · Score: 1

      Hey, I know people's opinions of others can change, but it seems to me the type of things Eminem is rapping about are pretty core values. If it were a "I hated her, but now I love her" type of thing, sure, I can see it. But what Eminem discusses are a good parallel to a socialist suddenly becoming a capitalist and giving no reason for the change.

      If he gives me a *good* reason, I'll reconsider my contempt for him. 'Till then, he's in my books as someone without ability paid to rap about what he's told to rap about.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    29. Re:I'll bite by plague3106 · · Score: 1

      Hmm...well on the 2nd cd, i don't see much jumping around. There's some of the back and forth about his ex, a song about his mom, a couple of songs on gov't / recent events, a few about his kid(s) and the rest are about sex or how he think he made it. Don't hear much contradiction in there..

    30. Re:I'll bite by shepd · · Score: 1

      I'm talking between CDs.

      Here, let's look at his views on internet song-swapping through his lyrics:

      "I'm Shady" by Eminem clearly shows a bias against copying (dubbing) music.

      People don't buy shit no more they just dub it That's why I'm still broke and had the number one club hit (Yup, uh huh)

      Now, turning back the clock, "The Real Slim Shady" Eminem suggests people copy audio (assumedly illegally) for their own purposes:

      I should download her audio on MP3

      Heck, he even derides his own abilities. In "The Real Slim Shady" he admits his abilities don't extend past swearing:

      Will Smith don't gotta cuss in his raps to sell his records; well I do, so fuck him and fuck you too!
      There's more problems in his lyrics, but they're offensive in so many ways that I'd rather not read them anymore. No, not "shocker" offensive, although that is clearly his motive, but offensive in the fact he has decided to tell those listening to his music to avoid a type of lifestyle, that, in my opinion, none of his listeners will EVER be involved in. In other words, his lyrics suck because they're not targetted at the right audience. Normally that's not a problem, but it just happens to be that I think Eminem's defence against those that would say their kids have no business listening to his lyrics would be that he provides them an education.

      I think I'll tell eskimos how to use a fridge, and when people tell me to shut up, I'll say "I'm providing education, man!".

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  5. Of course by koh · · Score: 3, Interesting

    Of course, who else would provide us with all this kewl DRM content ?

    Then again, they may just want to "give it a shot" before submitting to DRM technologies... I bet the switch is not going to be cheap for them, either.

    So if the question is, if those labels happen to make a good buck selling inline, will they bury DRM ?

    --
    Karma cannot be described by words alone.
  6. Sad? by gpinzone · · Score: 3, Interesting

    Sad to see the article's author flat-out claim that '... a proliferation of free music-swapping services on the Internet has led to a decline in CD sales.'

    Why is that sad? It's probably true to a degree. The good news is that these companies are trying to embrace a new distribution model. What's sad is that they may not be successful when a 100% free alternative exists with as much consumer perceived add-value to the product.

    1. Re:Sad? by Mr+Guy · · Score: 5, Informative

      You must be new here.

      The submitter just assumed you've kept up with the recent revelations that sales PER ALBUM increased. The losses are a direct result of the companies releasing less albums.

    2. Re:Sad? by ip_vjl · · Score: 1


      Sad to see the article's author flat-out claim that '... a proliferation of free music-swapping services on the Internet has led to a decline in CD sales.'


      Why is that sad? It's probably true to a degree.


      It's sad because it is stated as if it is fact. You even state that it is "probably true" - not that it IS true.

      While I agree, the ability to swap songs for free has probably had an effect on the sales of music - they are coming right out and saying that it does. Basically, if they repeat something long enough, they can start stating it as fact.

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

      Many things affect the bottom line. Unless you can figure out how to do an ANOVA to disentangle the sundry causes you can say anything 3 times and have it be true.

      So ---
      music sales are down because most new music is crap and not worth listening to much less buying

      music sales are down because most new music is crap and not worth listening to much less buying

      music sales are down because most new music is crap and not worth listening to much less buying

      AND

      buying music is a luxury, economy slow, luxury spending down, music sales down

      buying music is a luxury, economy slow, luxury spending down, music sales down

      buying music is a luxury, economy slow, luxury spending down, music sales down

    4. Re:Sad? by anon*127.0.0.1 · · Score: 3, Funny

      Thanks for the link. It was interesting reading, especially the quote from the RIAA "In addition, the label incurs additional costs in finding and signing new artists"

      Bad grammar aside, I never realized that new artists were such a shy, retiring lot, or that locating and signing them was such a difficult activity. I was under the mistaken impression that most of them would do anything for a bit of publicity, and would sell their own mother for a record deal. Silly me.

      --
      I am NOT a man!
      I am a free number!
    5. Re:Sad? by hcdejong · · Score: 2, Informative

      Why is that sad? It's probably true to a degree.

      It's only one factor, and it's laying the blame with consumers, when the industry itself, and the economy in general can be blamed just as well.

      Over the last 3 years, the record companies have decreased the number of titles available by IIRC 30%. The remaining 70% largely sucks. And the economic climate isn't what it used to be. And the record companies have been shooting themselves in the foot by labeling their customers criminals.

    6. Re:Sad? by DarkZero · · Score: 2, Informative

      And, of course, we can't forget price fixing and the uncalculatable affect of independent music now being freely available on the internet to compete with mainstream music.

    7. Re:Sad? by hackstraw · · Score: 1

      New distribution model, eh? What are they distributing? Bits and bytes that I can already get for free? Well, that will win over about as well as a subscription to slashdot.

      I'm going to say this until I'm blue in the face. When are these damn people simply going to give us something that is a value for our hard earned money? Ok, before I was able to buy a (arguably overpriced) CD with linernotes, album art, and something that I can put on my shelf.

      With the pay as you download model what are you getting that you can't already get? What is the value added by paying for such a service? How am I going to go on a buying spree and get 5 or so albums worth of music on my 56K modem?

      Since production costs are negligable for CDs, I say again, include a damned iso9660 disk with the mp3's (and maybe ogg's as well) along with the original audio disk. Now that is something that is worth the price of a CD.

    8. Re:Sad? by Citizen+of+Earth · · Score: 1

      "Sad to see the article's author flat-out claim that '... a proliferation of free music-swapping services on the Internet has led to a decline in CD sales.'"

      Why is that sad? It's probably true to a degree.


      On the glass-half-full side, regardless of what their PR departments say is the cause, the record companies are going to have to figure out and address the real problems if they want to stay in business. This means developing a compelling product and selling it to consumers in a reasonable way at a reasonable price. I only wish that their straits were even more dire.

      --
      "They're worried about becoming obsolete. They [the music industry association] position themselves as middlemen, but -- guess what -- the Internet gets rid of middlemen." -- Robert Schroeder, chairman of Diamond Multimedia (Oct. 1998)

  7. Already paid for Pressplay by laigle · · Score: 5, Insightful

    When the Pressplay 6 month, $30 subscription deal came up I thought I'd test the waters of legal music d/ling. And what it showed me is that anything the RIAA signs off on is going to be a complete fraud, a waste of money, and ultimately a failure. They can stop blaming Kazaa, their own suits have cost them more money than trading ever could.

    1. Re:Already paid for Pressplay by Anonymous Coward · · Score: 0

      Could you go into greater detail about why you found it a "complete fraud" and "waste of money", please?
      What sort of problems did you have: poor selection, poor usability, DRM problems?

    2. Re:Already paid for Pressplay by Blue+Stone · · Score: 1

      I subscribe to AOL [yeah yeah... whatever] and for an experiment I decided to check out their music download site; give it a go, see what they're offering.
      I listened to the new Lou Reed single streaming. That was ok, apart from the "You're listening to AOL First Listen" stamped here and there over it.
      So I try to check out their other stuff; download a few tracks - their servers are busy, try again later.
      I do, and though there's nothing there to interest me, I download some track by someone I've never heard of.
      First the thing takes over my browser [you have to use AOL's own] and won't let me do anything. Then it opens a crappy status dialogue, with no time estimate, and it looks pretty crappy.
      Then it starts downloading some DRM thing, which they didn't tell me about up-front. I mean I know I should have expected something like that, but they made no mention of it, which isn't on, I don't think.
      When that downloads, they open up a link to say they've downloaded the DRM that'll let me listen to the song for 5 days, and I press play on the AOL media player they opened up for me [so thoughtful] and.... nothing happens. It won't work.
      I open up my own version of WinAMP instead, and click to launch the file, and the fucking thing opens up 40+ [according to Zone Alarm] browser windows trying to connect to some shithead DRM people's site, all at once, and when I try closing them, more pop-up! My pc nearly collapsed!

      Fuck that.

      Bye bye AOL Time Warner. Hello Kazaa.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  8. No Reg Required by Motherfucking+Shit · · Score: 5, Informative

    6 Retailers Plan Venture to Sell Music on the Web
    By LAURA M. HOLSON

    LOS ANGELES, Jan. 26 -- Six of the largest music retailers plan to announce on Monday that they are joining forces to sell music that can be downloaded from the Web.

    The retailing group, called Echo, consists of Best Buy, the nation's No. 1 electronics retailer; Tower Records; the Virgin Entertainment Group; Wherehouse Entertainment; Hastings Entertainment; and Trans World Entertainment, which operates the FYE store chain. The six retail companies will each own an equity stake in Echo that together will make them majority owners.

    The new effort is motivated in part by the two-year decline in compact disc sales that has forced recording companies to cut costs and lay off employees and has damaged music retailers, too. Wherehouse Entertainment, for one, announced last week that it was filing for bankruptcy protection from its creditors, in part because of lackluster CD sales. And earlier this month, Best Buy announced that it would close 107 stores.

    Like the recording companies, music retailers are searching for new sources of revenue. Vinyl albums and cassette tapes have nearly disappeared in recent years, leaving retailers with the CD as their main option for selling music. But a proliferation of free music-swapping services on the Internet has led to a decline in CD sales. According to Nielsen SoundScan, which tracks album sales, 681 million were sold in 2002, down from 785 million in 2000.

    "Obviously, there has been a lot of talk in the last three years and there have been a lot of failures," said Dan Hart, the chief executive of Echo, referring to earlier attempts by legitimate Web sites to sell music online. "But we see this as an inflection point. Retailers are saying, `This is the time to do it.' "

    Mr. Hart said that Echo hoped to get licenses from the recording companies to distribute their music through the retail chains' own Web sites. In November, the Universal Music Group, which is owned by Vivendi Universal, began to distribute 43,000 of its songs through major retail and music Web sites, like Best Buy and Circuit City, for 99 cents a song or $9.99 an album. That total has since grown to 60,000.

    Liquid Audio, a company that has developed technology meant to allow the secure sale of music online, has rights to 350,000 songs for downloading, but also has deep financial problems. The company agreed last week to sell some of its assets to the music distributor Anderson Merchandisers for $3.2 million as part of its liquidation.

    Anderson, which is the music distributor for Wal-Mart Stores, also wants to be a distributor of downloadable music in retail outlets. That could eventually put Anderson in competition with Echo, but Mr. Hart said Echo was not opposed to working with Anderson.

    In fact, Mr. Hart said he expected the pressures facing all parts of the music businesses -- including distributors, retailers and recording companies -- to motivate them all to work together to find a viable alternative to piracy. "People are saying, `Let's make it work on a real level,' " he said.

    Such cooperation in online music ventures would have been unthinkable two years ago as retailers and music companies were at odds about how to best approach online music sales. More than a years ago, music labels embarked on their own online efforts, but so far they have received less than rave reviews.

    Now, though, the music companies and the retailers need each other more than ever. Recording companies make the music, but it is retailers who know their customers. "Retail has always been about more than simply selling CD's," said Jerry Comstock, the chief executive of Wherehouse Entertainment. "We are in the customer relationship business."

    Under Echo's plan, once the group received the necessary licenses, the partners would market their services together and separately. Efforts might include promotions like "Buy a compact disc, get a free download." The retailers could also enable customers to download music in stores using portable devices, like the Apple iPod. "No one has really marketed these services," Mr. Hart of Echo said.

    But some analysts suggest that no matter how much creative and marketing muscle is behind such efforts, they will not catch on unless the music is priced right. The average cost of a compact disc, according to the Recording Industry Association of America, the lobbying group which represents recording companies, is $14.21. Many critics say that is expensive when compared with other media, like DVD's, which offer loads of extra features and programming.

    "Any opportunity retailers have to find additional revenue in a time of falling sales is a positive," said Michael Nathanson, an analyst at Sanford C. Bernstein. "Yet we continue to think that pricing has to come down to get pirates off of the free sites and onto legitimate ones."

    --
    "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    1. Re:No Reg Required by eingram · · Score: 2, Insightful

      Actually, the link in the article doesn't require registration (thank Google for that).

      Click and see for yourself. ;P

    2. Re:No Reg Required by PurpleBob · · Score: 1

      Recording companies make the music, but it is retailers who know their customers.

      Wow, is this writer a corporate shill or what? He says everything from the perspective that the recording companies like.

      I find that $14.21 figure amusing, too - it's probably part of RIAA logic. "It costs us $1.50 to produce a CD, but that's the equivalent of $14.21!"

      Recording companies don't make the music. Artists do.

      --
      Win dain a lotica, en vai tu ri silota
  9. This isn't a good analogy by kahei · · Score: 5, Insightful

    If you took a whole bunch of airplane parts and all the Boeing engineers and put them in a room, the result would not be an airplane, because the Boeing company and the things it does in the way of managing/coordinating/research are indeed necessary for the production of airplanes.

    If you took a whole bunch of signed recording artists, and left them in a room with the appropriate tools, the result *would* be music, because the marketing/distribution/hyping done by record companies is *not* necessary for the production of music.

    At one point, perhaps the record corps were necessary for distribution, but now that physical media are not necessary, it's harder to make that case. They certainly aren't necessary in the way that Boeing are necessary for airplanes, anyway.

    --
    Whence? Hence. Whither? Thither.
    1. Re:This isn't a good analogy by CleverNickedName · · Score: 1, Insightful

      If you took a whole bunch of signed recording artists, and left them in a room with the appropriate tools, the result *would* be music

      True, but I doubt it would be a top selling album. The record companies are not in the business of making music, they are in the business of selling CDs.

      --


      Unfortunately, I am not Wil Wheaton
    2. Re:This isn't a good analogy by halftrack · · Score: 4, Insightful

      "If you took a whole bunch of signed recording artists, and left them in a room with the appropriate tools, the result *would* be music, because the marketing/distribution/hyping done by record companies is *not* necessary for the production of music."

      But then no music would reach the consumer. How do you figure that "... marketing/distribution/hyping ..." isn't essential for music to be sold but for a airplane to be sold. You could put all those Boeing engineers, with all the parts and the managers, and get a plane. But which customers know it's there and for sale if not for Boeing's "... marketing/distribution/hyping ..."?

      "At one point, perhaps the record corps were necessary for distribution, ... So you get my point, but do you think that all the record corps do is print CD's, nothing else? It might not be very hard - given todays technology - to distribute music, but face the fact; PR and promotion - which one of the record corp's main field of interest - is important to get out the popular music (although much is crap.) In addition record corporations send artists on tours (you don't get real "live" performance no matter how sofisticated technology is,) make sure they're properly supported. Most important is that to distribute massive amounts of music you need a massive amount of servers, sysadmins, and a huge pipe to the net. This isn't cheap and someone needs to do the job.

      Granted, the current state of the music industry is to much money and conservatism. Their biggest flaw is the unability to embrace new technology in a way that would benefit them and the artists. It seems they're to focused on preserving the current market instead of creating new ones. By doing so they hurt consumers. They don't realise that DRM is technologically impossible and that the DMCA is consumer unfriendly.

      To say the recording industry is bloat however only shows that you have a view that's just as narrow as theirs.

      --
      Look a monkey!
    3. Re:This isn't a good analogy by sporty · · Score: 3, Insightful
      "If you took a whole bunch of signed recording artists, and left them in a room with the appropriate tools, the result *would* be music, because the marketing/distribution/hyping done by record companies is *not* necessary for the production of music."


      But then no music would reach the consumer. How do you figure that "... marketing/distribution/hyping ..." isn't essential for music to be sold but for a airplane to be sold. You could put all those Boeing engineers, with all the parts and the managers, and get a plane. But which customers know it's there and for sale if not for Boeing's "... marketing/distribution/hyping ..."?


      Ah, but think of how much music in the 60's and 70's moved around due to word of mouth. A time when artists did more in concerts. A time where bootlegging wasn't such a crime.

      There's another thing. Now is a time of pretty girls and nice looking guys getting contracts 'cause they can dance a little, sing a little and be technologically enhanced to look like a super star. Think anyone particularly thought Led Zepplin could dance the same cookie cutter coriographed way, much less professionally? I highly doubt it.

      Get a bunch of programmers in a room, would you have bsd and linux? :)
      --

      -
      ping -f 255.255.255.255 # if only

    4. Re:This isn't a good analogy by liquidsin · · Score: 5, Insightful

      I played in a band. We booked all of our own shows at bars and small venues, did all of our own setup / breakdown / sound, made all of our flyers to stick up at bars so people knew we were playing. We kept the money we made. It wasn't a lot, but it was enough that even though we weren't working "day jobs" we could still pay our rent and other bills. We made our own music with no help from a record company. We made promo tapes to give to the owners of venues who wanted to hear us before they signed us to play a show. So how again does the record company make the music?

      --
      do not read this line twice.
    5. Re:This isn't a good analogy by Anonymous Coward · · Score: 0

      And if you had a roomful of engineers and no parts, you wouldn't get an airplane either.

    6. Re:This isn't a good analogy by Stonehand · · Score: 3, Insightful

      Perhaps a fellow named Ed Sullivan also had something to do with it, no? Publicity matters.

      --
      Only the dead have seen the end of war.
    7. Re:This isn't a good analogy by ornil · · Score: 1

      Well, I don't know if this makes sense to you, but this reminds of the standard socialist theory that I've heard when I lived in the USSR. (I don't imply any negative connotations here, socialist theory is not necessarily bad, you know, it's the Soviet implementation that wasn't nice).

      Anyway, the original socialist idea was that for a typical product the most money is being made by the middleman (resellers) and the investors/owners of the company making the product. So, if it were possible to get rid of them (and simply salary the management and marketing people), you could eliminate dividend payments (though not profits, they'd be reinvested in the company or paid as wages) and the difference between factory and retail price. Then the prices would go down and the workers' wages will go up. It's just more efficient.

      Now, that didn't happen to work (though there were other unrelated problems with it, of course). Are you sure that eliminating MPAA is very different?

    8. Re:This isn't a good analogy by sporty · · Score: 1

      To some degree. But in today's age, it's even easier. Look at all the software projects out there today.

      --

      -
      ping -f 255.255.255.255 # if only

    9. Re:This isn't a good analogy by mateub · · Score: 1
      kahei writes:

      If you took a whole bunch of airplane parts and all the Boeing engineers and put them in a room, the result would not be an airplane, because the Boeing company and the things it does in the way of managing/coordinating/research are indeed necessary for the production of airplanes.

      If you took a whole bunch of signed recording artists, and left them in a room with the appropriate tools, the result *would* be music, because the marketing/distribution/hyping done by record companies is *not* necessary for the production of music.

      Excellent point. Clay Shirky just wrote an interesting article on this, pointing out that music recording and distribution are both digital, but humans decide who gets recorded and promoted. My spin on his article is that the music industry teeters on a precipice and that the first P2P client to include a decent system for finding and rating new music will drive a serious spike in the record companies...

      adeu,
      Mateu

      --
      "And we're happy here, but we live in fear, we've seen a lot of temples crumble..." - Concrete Blonde
    10. Re:This isn't a good analogy by Anonymous Coward · · Score: 0

      That's great, so you printed flyers, played in bars, got a couple of hundred folks to hear you, and made enough money to pay the rent.

      Good example of self-promotion, and not needing a record company.

      Now let's compare that to the kind of exposure performers and bands like Britney Spears, Motley Crue, Rolling Stones, Natalie Imbruglia, 10,000 Maniacs, etc... are getting.

      What? They are sell-outs? Yeah, but they sure are making more dough, and getting heard by a lot more folks than you - by virtue of where the record company helps them get this exposure.

      Don't get me wrong, I believe to 90% record companies are clueless scum, but give credit where credit is due - distribution and marketing makes a HELL of a lot of difference.

      Harry

    11. Re:This isn't a good analogy by aborchers · · Score: 1

      I notice you use the past tense "played in a band". I assume this means that, like myself and my former bandmates, you are now doing something else. Can you elaborate on why you no longer are making your living as a musician?

      Also, we frequently found that promoters/owners were often not willing to deal with bands directly, assuming that anything that didn't come via some sort of representative/agency wasn't worth putting on their stage no matter what the quality of the demo/presspack. What was your ratio of press packs out to gigs in?

      One more thing: it might be informative to know how you classified your act (specifically whether you made any appeal to genre in your promotions) as this can often influence the booking process. For example, it is much easier for speed metal bands to book into clubs with an established audience for that sort of thing, than for any arbitrarily-styled band to grab a slot on a less specified stage, i.e. most of the larger venues...

      --
      Trouble making decisions? Just flip for it.
    12. Re:This isn't a good analogy by owlicks58 · · Score: 1

      Not if your band was The Doors :) They were only allowed on Ed Sullivan once, even though they had a deal for 6 more appearances. They got kicked off though for not changing their "babe we couldn't get much higher" lyric in Light My Fire. Then again, I suppose that's still publicity, no such thing as bad publicity.

      --
      -Alex
    13. Re:This isn't a good analogy by Scratch-O-Matic · · Score: 1

      Think anyone particularly thought Led Zepplin could dance the same cookie cutter coriographed way

      Dude, now you've got me thinking of Plant, Bonham, Jones, and Page doing that synchronized robot crap. Very funny.

      --


      Evil is the money of root.
    14. Re:This isn't a good analogy by Anonymous Coward · · Score: 0

      Word of mouth would replace the expensive commercials/MTV videos/paid-for radio airtime that currently drives a song's/band's/artist's popularity.

      Folks would adjust. Folks always have. Folks always want their music, and the market would have free creative reign to create the next must-have audio medium, and audio distribution.

      Can you honestly say that the current situation is good for independant bands? Can you honestly say that you don't think the record companies do all they can to keep those albums away from the consumers?

    15. Re:This isn't a good analogy by sporty · · Score: 1

      That's fucked up. If anyone shoudl have been doing it, it should have been Sammy Davis Junior. ;)

      --

      -
      ping -f 255.255.255.255 # if only

    16. Re:This isn't a good analogy by phelddagrif · · Score: 1

      Your analogy completely misses a huge part of what the labels do. Management! Who do you think hires the graphic artists to do the cover art and merch? Who hires the pressing factory to manufacture the discs and print the album jackets? Who hires all the tech crew to setup a bands kit so they don't have to? Who hires the lighting and pyro guys? Who sets up radio and concert gigs? Who sets up studio time with producer X? These are all very, very important things that are facilitated through the label. Sure the music is not created by them, but without them the music ceases to exist outside of small communal groups. Which is just dandy for larger cities but in the backwater areas of Canada, there are no touring bands or local bands at all sometimes. And then you have to question if a sans-label online purchasing method is going to be implemented, how exactly are new bands going to get any press at all? Hope that someone downloads a song by accident and spreads the word. Doesn't sound too effective to me. Sure the current system is highly broken, and needs to be fixed but eliminating the labels will solve nothing. With the labels gone, who will do all of the work I mentioned above? The band, I don't think so. They need thier time to practice, write and perform, they can't also arrange all the other things that need to be done. I don't really see a way that 4 people could possibly do all those things. If you can I'd be happy to hear it.

    17. Re:This isn't a good analogy by geekee · · Score: 1

      "If you took a whole bunch of signed recording artists, and left them in a room with the appropriate tools, the result *would* be music, because the marketing/distribution/hyping done by record companies is *not* necessary for the production of music."

      No. You'd end up with a bunch of msuicians trying to fighting over who gets to use the recording equipment, and who's going front the money to pay for it. Not to mention none of them know how to use the equipment.

      --
      Vote for Pedro
    18. Re:This isn't a good analogy by cpeterso · · Score: 1

      Bootlegging wasn't a crime in the 70s? Don't you remember that episode of "What's Happening?" where Rerun hides the (enormous) cassette recorder in his jacket to bootleg the Doobie Brothers concert ? He got cold busted!

    19. Re:This isn't a good analogy by sporty · · Score: 1

      Well, it wasn't as illegal as it is today. But you are right, it started to get illegal.

      --

      -
      ping -f 255.255.255.255 # if only

    20. Re:This isn't a good analogy by DragonMagic · · Score: 1

      Easy. The record companies make the music just as piracy hurts CD sales.

      i.e. FUD

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    21. Re:This isn't a good analogy by u38cg · · Score: 1
      My experience of musicians is that if you put a number of them in a room together, they would, in the following order:

      a) Get drunk.
      b) Fight.

      Yes, I am a musician.

      --
      [FUCK BETA]
  10. I kind of like it by Mdog · · Score: 3, Interesting

    Obviously, I don't agree with the motivations of the music companies. But I DO think it's cool that we have this ongonig *technical* struggle...the DRM arms race.

    Again, I hate the music companies, but seeing the clevarness go back and forth is great to watch. I hope I can get in on it personally some day.

    1. Re:I kind of like it by Anonymous Coward · · Score: 1, Funny

      I kind of like it too... only one target to DDOS ;) ;) ;)

      Now, what would be irony is if someone hacked all the DRM crippleware to be DDOS clients, auto-activated every time Metallica made a press release.

    2. Re:I kind of like it by Anonymous Coward · · Score: 1, Insightful

      Yeah, it's so cool to watch millions of dollars and thousands of programmer hours being wasted on an ultimately fruitless pursuit. All this effort to prove what we've known all along, that copy restrictions can never be good enough to stop pirates and they treat honest consumers like criminals.

  11. The record companies DON'T make the music! by mooZENDog · · Score: 1

    What's wrong with "recording companies make the music?"

    Not wanting to state the obvious, but it's a symbiotic relationship between recording company and artist, which is why the recording companies don't actually make the music. They finance it, fair enough, so they have a part in making the music, but I think the point is that they have no creative influence in the music-making process itself. I guess it's what you mean by making the music...

    You've got a point though, but if record companies suddenly ceased to exist, would music itself die too? Personally, I think not ^_^

    --

    ---
    "An eye for an eye leaves the whole world blind" - Gandhi
    1. Re:The record companies DON'T make the music! by barryfandango · · Score: 4, Insightful

      Not true - unfortunately recording companies do have a say in the music their artists create. They hire a producer to manage the recording of your album, the re-recording, re-writes etc until you have a product the company is happy with. Just one of the many things that sucks about the industry...

      --
      In all matters of opinion, our adversaries are insane. -Oscar Wilde
    2. Re:The record companies DON'T make the music! by mooZENDog · · Score: 1

      Did you read my post? Look again, particularly at this bit of it:

      I think the point is that they have no creative influence in the music-making process itself.

      Although I agree with your point, that they have a a say in the music their artists create. They hire a producer to manage the recording of your album, the re-recording, re-writes etc until you have a product the company is happy with, that's not the same as having creative influence.

      It's just terminology at the end of the day, but having a say in the music the artists create is not having a creative influence on the music itself. Sorry for being a pedant :)

      --

      ---
      "An eye for an eye leaves the whole world blind" - Gandhi
  12. Sales are down... by Sh0t · · Score: 5, Informative

    ...Because on one hand, the amount of actually release went DOWN. So yes, if you put out less stuff, chances are you will sell less. It's been on /. with the RIAA numbers fuding articles of prior months after the hacking attempts. If p2p programs are causing less sales, it's probably not from the overt "They are stealing music" reasons. As somebody noted above, more than likely, people aren't falling into the one song album trap anymore and are becoming better shoppers for their dollar. People go and try out a few songs of an upcoming album, realize it's SHIT and then don't buy it. Caveat Emptor taking to the digital age. I'm sure many of us download a few albums, find one that really speaks to you and rush out to buy it. I've done it many times and I'm sure many, many people have done the same thing. I'm betting for some artists, the p2p trading has generated them more buzz than if they had to have a record company pay to promote them. My advice to the RIAA would be to maybe invest in finding better musicians and making cd production and distribution cheaper than it is now so cds can be 9.99 instead of 18.99, while still giving the artist his same meager cut :[. Raunchy

  13. Sad to say? by fobbman · · Score: 4, Insightful

    "Sad to see the article's author flat-out claim that '... a proliferation of free music-swapping services on the Internet has led to a decline in CD sales.'"

    Sure it's sad, but as the business sections of the main media rags are little more than Corporate PR publications, is it at all surprising? The company says it, and then the newspaper quit attributing it to the source, thereby trying to pass it off as Fact. As most of the readers don't question what they read, it quickly becomes public opinion.

    1. Re:Sad to say? by Anonymous Coward · · Score: 0
      "The company says it, and then the newspaper quit attributing it to the source, thereby trying to pass it off as Fact."

      That is truly the case. The RIAA provides the statistical analysis, which they claim shows that music "piracy" is scr*wing their sales. Since they are the only one in hold of production and sales data, they can claim whatever they want. Noone else has the data to effectively counter their claim.

  14. Sigh... by tmark · · Score: 5, Interesting

    The retailers are starting to get a clue but still have a long way to go as evidenced by 'Recording companies make the music...' and 'We are in the customer relationship business.'"

    The silly demonizing of the record companies is really getting counter productive. In a strict sense, of course, the recording companies don't "make" the music (of course the artists do, but under contract), just like software companies don't "make" the software (their programmers do, under contract), and just like home-building companies don't "make" the homes (the construction workers do also under employment contract).

    But it is a useful shorthand to say all of the above. Without the record companies the vast majority of songs that get traded so happily on P2P networks would never have made it to rippable CDs in the first place (as an aside, I always found the usage of the term "rip" in this context to be somewhat revealing).

    And the poster's implied distinction between the record companies and the people who "made" the music suggests that the artists are uniformly against the record companies and their efforts in this area. P2P advocates are being flat-out chauvinistic if they think that all artists - or maybe even a majority - disagree with the RIAA's stands. It irks me when I see a few artists' views trotted out with the implicit assumption that their views are representative...what's the real big picture ?

    To be sure, there is a vocal group, but I wonder whether they're getting disproportionate press precisely because they're arguing something more controversial - you never hear about Metallica complaining about P2P anymore, because it's just boring and it seems obvious.

    Has anyone conducted polls of major artists to see where they stand and how they feel about the RIAA ? I'm not talking about disenfranchised had-their-day-in-the-sun-more-than-a-decade-ago artists (*cough*Janis Ian*cough*) and I'm not talking about little independent artists who probably secretly would *love* to get a big record deal if they could - what about a survey of artists in the Billboard 100, or artists with the best selling CDs in the last 10 years, or the top 100 artists traded on Kazaa/Gnutella...or some other reasonably objective criteria that defines a sample of artists under contract to record companies represented by theRIAA ?

    What is needed here is hard, representative statistics, not agenda-laden anecdotes that fit whatever story happens to be convenient with the story-teller's philosophy.

    1. Re:Sigh... by Kaa · · Score: 2, Insightful

      ...rippable CDs in the first place (as an aside, I always found the usage of the term "rip" in this context to be somewhat revealing)

      May I point out that in order to rip a CD, you need to have a CD in the first place, which probably means that you have bought it.

      Ripping a CD is perfectly legal under the current law, DMCA included. It's also perfectly moral, though YMMV -- Your Morals May Vary, of course.

      RIAA tries to tell people that it's illegal to make copies of music, but it's a big fat lie. Anyone can make as many copies of his music as he wants. What's illegal is distributing. As long as I don't distribute it, I can rip all my CDs, convert the music to .mp3 or .ogg and do pretty much I want with it.

      So I am not sure what exactly do you find revealing about the term "rip".

      --

      Kaa
      Kaa's Law: In any sufficiently large group of people most are idiots.
    2. Re:Sigh... by Suidae · · Score: 1

      What's illegal is distributing

      Can you difine a little more precisely wha tyou mean by 'distributing'?

      IANAL, but as far as I'm aware, its legal in the US to make copies of songs to give to your friends, or to record music from broadcast mediums (radio, digital cable music channels, etc). Legally I don't know who qualifies as 'friends', or if there is some kind of restriction on the medium in which the music is transfered.

      Obviously one isn't allowed to sell these things (not even for the cost of the duplication or media I think, but again, IANAL).

  15. Cry me a river by Anonymous Coward · · Score: 5, Insightful

    "According to Nielsen SoundScan, which tracks album sales, 681 million were sold in 2002, down from 785 million in 2000."

    Well gee, it's not exactly like everyone else had a record year in 2002. I own a deli, and sales were down almost 30% last year over 2001. I'm likely going to have to sell the place or close it down within the next few months, but you don't see me whining to everyone in sight that things aren't going my way.

    People can't "pirate" subs, gyros, or muffulettas. There is one thing and one thing only to blame for the fact that I'm almost out of business: the economy. People aren't spending the money to eat out every day, and companies are cutting back on their catered staff meetings/conferences/parties.

    When nobody has any money, sales are going to decline! Get over it, Record Industry! The "piracy" argument is overplayed at best - just like everything else the RIAA pumps out - and at worst it's a red herring.

    I also think the comparison of 2002 sales vs 2000 sales is a bit misleading. Things have changed a lot in this country since 2000.

    1. Re:Cry me a river by herrd0kt0r · · Score: 5, Funny

      "People can't "pirate" subs, gyros, or muffulettas."

      the gauntlet is thrown.
      any takers?

    2. Re:Cry me a river by program21 · · Score: 1
      But they can buy one, see what's on it, and make their own, and give them to all their friends.

      And so the food has been 'pirated' (copied & distributed).

      --
      This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
    3. Re:Cry me a river by will_die · · Score: 1

      Just go out to the internet and you can get any number of recipes to duplicate them.
      Or goto Top Secret restrauant recipes if you other types of food, and most taste as good as the ones you would get from the original maker.
      However a muffuletta from the Central Grocery in New Orleans; now that is one to die for. *drooool*

    4. Re:Cry me a river by Spunk · · Score: 1

      what's a muffuletta?

    5. Re:Cry me a river by westies-from-hell · · Score: 1
      I heard the next release of KaZaA has a new category, "food"!

      Gonna hafta get a new printer, tho....

      --
      "Just because you're a genius doesn't make you a smart guy!" -- Narrator, Powerpuff Girls
    6. Re:Cry me a river by Anonymous Coward · · Score: 0

      "But they can buy one, see what's on it, and make their own, and give them to all their friends. And so the food has been 'pirated' (copied & distributed)."

      Your analogy is closer to that of a cover song than it is to piracy. If I go see Pink Floyd perform (...a pipe dream...) and then I go buy a guitar, an amp, a mic, and play those songs to all my friends, that isn't piracy.

      Much the same, if I go to a restaurant and eat a sandwich I like, then go out and buy my own bread, meat, cheese, vegetables, and seasonings and create my own rendition of the sandwich, that isn't piracy either.

    7. Re:Cry me a river by Anonymous Coward · · Score: 0

      > I heard the next release of KaZaA has a new
      > category, "food"!
      >
      > Gonna hafta get a new printer, tho....

      True, but don't let that hold you back. Food replicators are the greatest thing since the microwave.

    8. Re:Cry me a river by mateub · · Score: 1
      Anonymous Coward wrote:

      People can't "pirate" subs, gyros, or muffulettas.

      ...until now! I am pleased to announce Subster! Share perceptually compressed versions of your favorite subs. Download here

      sorry, couldn't resist...

      adeu,
      Mateu

      --
      "And we're happy here, but we live in fear, we've seen a lot of temples crumble..." - Concrete Blonde
    9. Re:Cry me a river by WIAKywbfatw · · Score: 4, Funny

      People can't "pirate" subs, gyros, or muffulettas.

      Well, if they can pirate ships surely they can pirate subs too?

      --

      "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    10. Re:Cry me a river by Anonymous Coward · · Score: 0

      How about you take a ship, ram the diner (hopefully it's at seaside), jump in with all your troops, and slash and burn the place? Would that do?

    11. Re:Cry me a river by gwernol · · Score: 1

      When nobody has any money, sales are going to decline! Get over it, Record Industry! The "piracy" argument is overplayed at best - just like everything else the RIAA pumps out - and at worst it's a red herring.

      Then why was 2002 a record year for the movie industry? Not every industry is effected in the same way by a general decline in the economy. Some industries do better in down times. It appears a lot of people are turning to cheaper forms of entertainment, like movies, when they can't afford more expensive ones.

      You might actually expect music sales to rise during hard economic times. It would be interesting to see the historical numbers - anyone? If that were the case the drop in sales in 2001/2002 would be even more dramatic than the RIAA claims.

      I don't know the answer to this, but blindly claiming the drop in music sales are only caused by the bad economy seems as short-sighted as blindly blaming it on file-sharing.

      --
      Sailing over the event horizon
    12. Re:Cry me a river by BryanL · · Score: 1

      "The "piracy" argument is overplayed at best - just like everything else the RIAA pumps out - and at worst it's a red herring."

      It may be overplayed to those in the know, but using the article as an example, the masses are buying into it. Even the media is reporting it as truth. That is what is truly scarey.

    13. Re:Cry me a river by mosschops · · Score: 1

      When nobody has any money, sales are going to decline! Get over it, Record Industry! The "piracy" argument is overplayed at best - just like everything else the RIAA pumps out - and at worst it's a red herring.

      At the current rate they'll have any new regulations in place just as the economy starts picking up again. That will give them further "proof" their poor sales were entirely down to P2P piracy.

      If we can just stall them for a while we can foil their evil plans!

    14. Re:Cry me a river by blingitybling · · Score: 1


      Hmm...I guess that gives new meaning to bit rot when it gets old.

    15. Re:Cry me a river by Fig,+formerly+A.C. · · Score: 1
      Perhaps it is because a movie will distract you for a short time from the fact that you're broke, and a CD is just background noise for the day to day grind or when you are sitting around thinking about how broke you are?

      People watch movies to escape for a while, buying a CD doesn't have that effect.

      --
      Murphy was an optimist.
    16. Re:Cry me a river by Chester+K · · Score: 2, Funny

      "People can't "pirate" subs, gyros, or muffulettas."

      the gauntlet is thrown.


      Head on over to opensandwich.sourceforge.net. It's a new P2P (Plate to Plate) sandwich sharing application. You can search by bread type, meat type, album, and condiments. It's still in beta though, so be sure to check the sandwiches you download before consumption!

      --

      NO CARRIER
    17. Re:Cry me a river by Anonymous Coward · · Score: 1, Insightful

      I used to buy at least 10 times as much music as the average person, according to the industry's own revenue figures. ($14 billion per year divided by 275 million Americans is about $1.00 per man, woman, child, or infant per week. In 1998 - 1999, I was buying a CD every week.)

      The major labels have lost half of my business already because of insults like SDMI, and if they keep on the current path (the quest for the uncopyable pseudo-CD), several of them will lose the other half.

      I don't download illegal MP3s from any of the P2P services, but I do expect the ability to fully make use of the music I purchase. What the record companies have to blame for the loss of my business is nothing more than their treatment of their customers.

  16. amazing! by herrd0kt0r · · Score: 1

    it's really amazing to read this kinda stuff-- it just makes me think that the folks in charge of the industry just DO. NOT. GETIT.

    - the people downloading music to try-before-you-buy are buying CDs anyway.
    - the people downloading music and NOT buying CDs are faced with the choice: pay for music, or continue to get it for free?
    - the people looking for better music will still be looking at scores of cookie-cutter bands (until their tastes mature and discover tasty indie rock).
    - the people looking for Added Content and Bonus Stuff still won't be getting stuff like the Michelle Branch Crotch Scratch-n-Sniff sticker, or centerfold foldouts, in their CD cases.

    and finally, just read the article to see what a bad idea the whole thing is. on the one hand, you have the phrase "Liquid Audio" mentioned. on the other, you have Best Buy shutting down 107 stores. and then you have "Liquid Audio." OMGWTFBBQ LIQUID AUDIO?! ABANDON SHIT!

    one last thing: thank the lord jebus to the story author or whoever it was that added the "&partner=GOOGLE" to the url. no registration for NYTimes articles! WAHOOO!

    1. Re:amazing! by soupdevil · · Score: 1
      until their tastes mature and discover tasty indie rock

      Earnest 8-track garage rock is not everyone's favorite. Sometimes I like to hear music that has been made with the help of song writers, arrangers, studio musicians and producers.

  17. Sherman Act by cenonce · · Score: 4, Insightful

    Any bets, this won't get past the Sherman Anti-Trust Act?

    At the very least, I'm sure there will be consumers proteection issues for price-fixing out the wazoo for DRM challenge music files!

    That will make me run out and buy! Unforunately, the media companies just don't get it. I will NOT spend 18 dollars on a CD, and neither will most (all!) of my mid-20 to mid 30s friends. So there aren't not "losing" music sales to music file sharing. They just aren't getting any sales anymore because I am fed up of them feeding me schlock and expecting me to pay for it. As far as I'm concerned the ball is in their court to offer non-DRM challenge MP3 (Ogg, whatever!) files to me at a reasonable per song rate (reasonable to me seems to be a buck fifty to 2 bucks a song (average 12 songs over an 18 dollar CD)). Then frankly, I will pay for music.

    Until then, I'm buying up as much cheap casettes as I can so I can "time-shift" my music to MP3 format -- That is Fair Use!

  18. MOD PARENT UP by twofidyKidd · · Score: 1

    I gave this service a shot as well and it was a complete let down. Until they realize that the value of the free alternative, despite its many short-comings, is far superior to their own product, they are going to continue to lose this battle.

    --


    Hades, PoD: Official Advocate
  19. But will they have a clue? by DrXym · · Score: 4, Insightful
    If a professional music site sold high quality mp3's for a fifty cents to a dollar a pop from a fast, dedicated site then people would flock to it. Better yet if it had band news, discussion forums, reviews, ratings, live streaming etc. then people would live on it.


    Naturally you'd still have lamers on p2p, but then these people would never use a pay site anyway, even if meant wasting ten hours to find and download the same songs that the pay site sold for seven dollars.

    1. Re:But will they have a clue? by Suidae · · Score: 1

      these people would never use a pay site anyway, even if meant wasting ten hours to find and download the same songs that the pay site sold for seven dollars.

      Very true, but if someone was out there selling high quality MP3's from their fast, dedicated site, its unlikely that the freeloaders would have to waste any time looking for them. Its not like most people using P2P for music have discriminating tastes.

      Judging by the search hits in my P2P client, Red Hot Chili Peppers album Blood Sugar Sex Magic is the most popular album ever ;)

    2. Re:But will they have a clue? by PhoenixFlare · · Score: 1

      "Naturally you'd still have lamers on p2p, but then these people would never use a pay site anyway, even if meant wasting ten hours to find and download the same songs that the pay site sold for seven dollars."

      Free is still free. So what if it takes a little longer...People just queue up a ton of titles, let it run overnight, and sort out the carnage in the morning.

      I can't imagine the major labels having anything i'd want anyways, besides a song or two. Most of the stuff I listen to is either jazz, classical, independent artists, or rather esoteric(video game soundtracks, anime music, comedy songs, etc.).

      Case in point, I have an FTP session going with about 4 gigs of song transfers queued right now....Going at 5 K/sec or so, but hell, I have broadband, so does it really matter if it takes a week or two to finish? I already have a huge amount of music, and getting a slow but steady stream of new files is good enough for me.

    3. Re:But will they have a clue? by Anonymous Coward · · Score: 0

      "Naturally you'd still have lamers on p2p, but then these people would never use a pay site anyway"

  20. CD Sales are down because they released fewer CDs by BenSnyder · · Score: 5, Informative

    There is a convincing piece by Damien Cave on Salon.com titled "File Sharing: Innocent Until Proven Guilty" which argues that there is no proven correlation between downloaded music and the decline in CD sales. He continues to argue in "File Sharing: Guilty As Charged?" that a good deal of the 'sky is falling' rhetoric created by the record companies and the RIAA is based on supposition and self-interest. In addition, the article "RIAA's Statistics Don't Add Up To Piracy" analyzes the RIAA's own statistics and argues that they do not support the RIAA's conclusion that downloaded music is the cause for the decline in CD sales. In this detailed analysis, George Ziemann argues that the record industry released 11,900 fewer titles in 2000 than it released in 1999, a 25% decrease, yet the total number of units shipped decreased only 10.3% and the dollar value of these units fell by only 4.1%. It seems that the RIAA is misinterpreting its own statistics.

    Also, the record companies just settled a price fixing suit in which they admitted they were overcharging consumers. This point seems to be overlooked by the RIAA in its attempt to place all blame for the woes of the music business at the feet of mp3's. Is it possible that the decrease in CD sales is related to the conspiracy by the major record labels to inflate prices?

  21. Again, they spew the garbage. by Anonymous Coward · · Score: 0
    '... a proliferation of free music-swapping services on the Internet has led to a decline in CD sales.'
    Has it? Not for me, I've lost count of the CDs I've bought that I wouldn't have known existed if it weren't for me stumbling across the mp3 on the internet. Just because I didn't buy your latest chart-topper doesn't mean I don't buy CDs, you twonks.
  22. i want to hear about the indie records getting... by Anonymous Coward · · Score: 0

    together and starting thier pay for music services.

    screw brittney pop, i want stuff i havent heard before!

  23. Smells like collusion by uncoveror · · Score: 1

    So, six major retailers are forming a joint venture. That could be read as six major retailers have decided to collude, not compete. That is called a trust, and it is illegal if they are doing it to fix prices. I am very suspicious of this. Online or in a store, I will not buy CDs. The recording industry doesn't deserve my business.

    --
    The Uncoveror: It's the real news.
  24. Customer relationship? by uberstool · · Score: 2, Informative

    We are in the customer relationship business

    What buisness is not?

    If you bought a CD in the last few years, get your $20.00 from the Compact Disc Minimum Advertised Price Antitrust Litigation Settlement. Click the red text on the lefthttp://www.musiccdsettlement.com/english/defau lt.htm

  25. Life and Death for the Record Companies by johndiii · · Score: 2, Interesting

    They have two functions: up-front money for musicians to make recordings, and their distribution apparatus. The former is being undercut by the growing availability of cheaper digital technology, and the latter has been undercut by the (clearly practical) distribution of music over the internet.

    They are searching desperately for some means to survive in the connected society, as their business model disintegrates. Is anyone surprised that they are taking desperate (and not well-thought-out) measures?

    --
    Floating face-down in a river of regret...and thoughts of you...
  26. Facts and Fiction. by Mitreya · · Score: 3, Interesting
    Best Buy announced that it would close 107 stores

    Any proof? I have not seen any closing stores yet, but I have seen an OPENING one (due in a month). If they close 107 stores and open 108, that's not quite the same as just closing 107 stores...

    The average cost of a compact disc, according to the Recording Industry Association of America, the lobbying group which represents recording companies, is $14.21.

    What is the average cost of a DVD? An audio tape? judging by the prices, the audio tape costs much less on average, yet it's the same music...?

  27. When will they get it??? by autocracy · · Score: 2

    I want the CD... I want to go into a store and purchase the music of a good artist, and I want to hear other music of their's - I just don't want to pay $15-$22 for every one of them! It just might be the idea of "make me 15 tracks, 2 of which are good," that turns people off from buying CDs. I'm a customer, I'm speaking - LEARN!

    --
    SIG: HUP
  28. Can't Beat Them? Join Them! by Noryungi · · Score: 2, Interesting
    Hmmmmmm...

    So that's the biz plan of the RIAA (MPAA may be different):

    1. Get DMCA or equivalent law passed. Sue the pants of everyone who tries to break down your protection scheme.
    2. Insist on DRM for everybody. Having the ear of Microsoft helps (Think Palladium here, folks).
    3. Pollute P2P networks with fake files. Sue the hell of them if you can.
    4. Announce on-line sales of popular music, using advanced DRM architecture protected by the DMCA.
    5. Spend an obscene amount of $$$ retaining the best lawyers and screw the "absurd" notion of public domain.
    6. Survive the inevitable consumer backlash.
    7. ???
    8. Profit!!


    There is only a couple of problems with this plan: (a) selling... er... forcing sh!t down the throat of the average consumer, like Britney Spears, does not bring a lot of $$$ and (b) file-based protection will never work, unless (c) you also force people to use stuff like Palladium -- but that opens up another can of worms for both the RIAA and its allies.

    Prognosis? Will work for 6 months top. Past these point, somebody will figure out a way to crack the system. He/She'll get his ass burned badly by the RIAA lawyers, but that will be the end of it.

    Either that, or some enterprising company from Korea or Taiwan will figure out that there is a lot of $$$$ to be made selling non-Palladium compliant hardware to people who want it. Game Over.

    Too little, too late. Sorry, RIAA.
    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
    1. Re:Can't Beat Them? Join Them! by Suidae · · Score: 1

      (Think Palladium here, folks)

      I don't quite understand how palladium is supposed to work.

      Say we have some DRM music files. They are encrypted with some private scheme. The program that decrypts and plays them is hidden by palladium so we can't snoop through it to see how the decryption works. Great, say the media providers, now we can sell media online, because we can run our trusted executable on the clients machine without worries that they will figure out how to decrypt this stuff themselves.

      So, all that has to be done is convince the palladium executable that its running on a palladium platform and it will do its thing. So we need to emulate palladium in software such that other software can't tell that its not running on real hardware. Thats hard, but once its done and the DRM protection scheme is broken, its all free again.

      Am I completely off base here? Anything that can be done in hardware can be simulated (however slowly) in software. Without stipulating that there must be a connection back to some central trusted site (which makes a network connection necessary for the use of any DRM content), I don't see how DRM can ever be really secure.

      Of course, even if it was really secure, there's always the analog hole, which makes the whole excersize pretty much pointless (baring near-magical solutions).

      It just seems like the media companies are going to have to relax their hold on redistribution of their stuff. Or start executing copyright violators.

    2. Re:Can't Beat Them? Join Them! by PhxBlue · · Score: 1

      Prognosis? Will work for 6 months top. Past these point, somebody will figure out a way to crack the system.

      This is being generous. I think it's more likely that we'll see a crack out for the "system," whatever it may be, within hours of its implementation. By the six-week period, there'll be too many people using the crack for the RIAA to do anything but cry about music piracy and shut it down.

      --
      !#@%*)anks for hanging up the phone, dear.
  29. CAn they add value, or just cost? by Anonymous Coward · · Score: 0

    Most of the cost is in the channel, the retailers
    and distributors markup. Is is hard to see how they
    can add anything but cost as they have to continue
    to protect retail prices...

  30. No need for reporting by burgburgburg · · Score: 4, Interesting
    It's so much easier to just accept the industry line that the two year decline in CD sales is due to P2P services. No need to check to see if there is evidence to support this. It's common knowledge. It's accepted. "Facts" would just interfere with the flow of the story.

    The 25% decline in industry output, the economy, the specifics of the offerings, the collusively illegal prices, the wide variety of other available choices for purchase, the ubiquity of music available free on MTV, these are all bothersome and distracting. And "reporting" can tire one out.

    1. Re:No need for reporting by Anonymous Coward · · Score: 0

      The NYT does not report except in the same sense that Pravda reported.

    2. Re:No need for reporting by brew95 · · Score: 1

      There's music on MTV?

  31. Yeah I supposed it has nothing to do with ... by Hohlraum · · Score: 2, Interesting

    the fact that they have jacked the prices way up on cd's either? I used a giftcard at a popular gift/music store this weekend and got 2 cd's for my $40. Now that is just WRONG. This is the first time I've bought cd's in over a year and its left a bad taste in my mouth. I own several hundred CD's and it was not too long ago when cd's could be had for HALF of what they are trying to sell them for now. I honestly can't believe these bands, that have become successful, can sleep at night. If the record companies really believe they need this much for a CD then they are doing something wrong or have way too much overhead. It all just makes me really sad.

  32. Downward spiral... by mattis_f · · Score: 5, Insightful

    I used to feel at least a small pang of guilt when listening to downloaded music - if I like it, I feel like I should give the musician something back somehow.

    Nowadays, with the recording companies trying to force me into buying worse products at higher prices (now there's a way of competing you won't learn in school!) I'm getting so annoyed that I *really* don't want to buy anything. If I do, some of my money will go into things like crappy CD's and lawsuits, which I don't want to support.

    It's becoming a political statement for me not to buy CD's or copy protected music. At least not at full price.

    And that will of course make the record companies think there's even more DL'ing going on, with more efforts on their part to stop me ... and if I buy they will conclude that their strategies worked...

    Strangely, it seems like we'll both loose. They won't get my money and I won't get the music that I want. Oh bummer. What's needed is a new business idea, where the middleman is either gone or doing something else.

    1. Re:Downward spiral... by Winterblink · · Score: 1

      Yes, but try to convince the middlemen to do that. That's like telling the oil companies to pack it up because their business is killing the environment. I wish it were possible to snap fingers and have it be so, but it's a bit more complex than that (unfortunately!).

      --
      "I'm a leaf on the wind. Watch how I soar."
      -Hoban Washburn
  33. Music middlemen still irrelevant by Sydney+Weidman · · Score: 2, Insightful

    It doesn't matter what the middlemen offer. They are still irrelevant. Long live live music.

  34. It's the economy. by Paul+the+Bold · · Score: 3, Informative

    They quote two numbers for record sales, showing a decline in sales by 13% from 2000 to 2002, and claim that it is all because of illegal file sharing. Why do people believe this? There is a simpler explanation: it's the economy, stupid. People have less money to spend. I do not participate in file sharing, but I have also not bought a new CD in over a year because I don't have the damn cash! Perhaps some people buy fewer CDs because of file swapping, perhaps some people buy more, but nobody knows the general trend. There have been no unbiased studies.

    The sad fact is that the New York Times parroted the alleged reason for sales loss without some kind of disclaimer, such as "Music companies claim that a proliferation of file-swapping...". They are a reputable news organization, they should know better than to parrot facts given by a trade organization. I heard this same thing on CBS news yesterday, but I wasn't surprised. It was typical of CBS quality journalism. However, this was most certainly sub-par for the Times.

    1. Re:It's the economy. by Orne · · Score: 1

      The New York Times was a reputable news organization.

  35. WooooHoooo! by Chocolate+Teapot · · Score: 1

    At last....I can firewall our keyboard player :)

    --
    Modest doubt is called the beacon of the wise. - William Shakespeare
    1. Re:WooooHoooo! by Anonymous Coward · · Score: 0

      No WAY. That kicked ASS. I've not seen a cross-story post in months.

  36. Set up to fail? by Action_Jax · · Score: 2

    I'd like to know if they are going to make a "REAL" concerted effort to make this a success by adopting a new business model rather than trying half-hearted tactics and blaming Kazaa et al for its failure rather than their own lack of understanding or attempts to build up more legal collateral for legislation.

  37. Aaaaaaaarrrgggh!!!! by Chocolate+Teapot · · Score: 1

    I replied in the wrong window. This was supposed to be in the Ethernet guitar thread. I feel sheepish. Mod me down -50 Dumb Ass

    --
    Modest doubt is called the beacon of the wise. - William Shakespeare
  38. prices already falling by John_Sauter · · Score: 1

    Usually I buy CDs at a concert, after listening to the artist(s), but last weekend I found a large rack of CDs in a retail store for $4.99 each, or 5 for $20. I haven't listened to any of them yet, but they had jewel cases and artwork. They are marked as classical music, and at least one was from Hong Kong.
    John Sauter (J_Sauter@Empire.Net)

    1. Re:prices already falling by Kilmor · · Score: 1

      Classical Music has always been cheap, around 5$$ per cd.
      Prices are NOT falling.

  39. Prepare for prosecution by burgburgburg · · Score: 5, Informative
    According to this editorial in news.com, the Justice Department, the RIAA, the MPAA and the BSA are all working together to start some prosecutions under the No Electronic Theft (NET) Act of 1997.

    From the editorial: The NET Act works in two ways: In general, violations are punishable by one year in prison, if the total value of the files exceeds $1,000; or, if the value tops $2,500, not more than five years in prison. Also, if someone logs on to a file-trading network and shares even one MP3 file without permission in "expectation" that others will do the same, full criminal penalties kick in automatically.

    1. Re:Prepare for prosecution by visualight · · Score: 1

      holy shit

      --
      Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
    2. Re:Prepare for prosecution by Anonymous Coward · · Score: 5, Insightful

      Who the hell modded this down? Unless this law was repealed, a discussion of it here is extremely on-topic! I thought I was reasonably well-informed, but I hadn't heard of this law until I saw this post.

      Given that RIAA members have been found guilty of price-fixing and are clearly continuing to price-gouge, the idea that you need only rip off $1000 worth of songs puts a lot of people in danger, even if they haven't done much of this.

      My best recent example of this is the Beatles 1962-1966 double LP. I went to buy this at the store (an event that would've marked my first new RIAA purchase in months), but found it was priced at an insane $36. $36!!! For an album that is 30 years old and has already sold millions of copies. Well, I balked at that. Had it been $20 or less they would have had my money. But nevertheless, if I'm found with a copy of this album, I am going to be held to the inflated price, and not anything reasonable.

    3. Re:Prepare for prosecution by Anonymous Coward · · Score: 2, Funny

      5 years for $2,500 - that's, what, like 120 albums or about 10 cd's of mp3's. (Gazes over at the teetering pile of CDR's in the corner). Shit, I'm getting the death penalty.

    4. Re:Prepare for prosecution by macdaddy357 · · Score: 1

      Guess where the royalties would go if you had bought those Beatles CDs. TO Paul and Ringo? No, they would go to Michael Jackson because he bought the copyright. There is a classic example of how the original purpose of copyright has been perverted. If you buy used Beatles CDs, MJ gets nothing. If you have to have them, do it that way.

      --
      How ya like dat?
    5. Re:Prepare for prosecution by Anonymous Coward · · Score: 0

      The trick is how they use it. If they try to arrest every filesharer on the frist day, it won't work. If they make oen person the example, it will wok exactly like they want it to.

  40. Re:This isn't a good analogy-Geek's POV & Tunn by Anonymous Coward · · Score: 0

    "At one point, perhaps the record corps were necessary for distribution, but now that physical media are not necessary, it's harder to make that case. They certainly aren't necessary in the way that Boeing are necessary for airplanes, anyway."

    Ah yes. The geek's POV. Free clue:not everyone has internet access. Not everyone has a computer. Not everyone has a fast connection.Not everyone even has a phone. Not everyone wants to go through all the above. Not everyone wants to spend hours weeding through all the crap (remember the "are publishers necessary?" story awile back?. Not everyone wants to spend hours ripping to hard drive, so they can brag to all their friends how techno-cool they are. To presume that what's true for a relatively small (compared to either the US or world) group, applies to all is a geek weakness. In summary the "middle"man is still necessary, and physical media (what the hell are you sticking in that drive again?) is very necessary. Maybe some of you geeks need to start companies (communes?) to make your utopian vision come true, and find out how hard reality really can be.

  41. old music by British · · Score: 4, Insightful

    Hey, how about this to sell CDs? START OFFERING BACK CATALOGS.

    Most of the stuff I download I can't even get on CD in the first damn place. Had they re-released older Devo albums(not greatest hit compilations), I would buy it in an instant. If they released CDs of (insert obscure 80s synthpop band here), I'd buy it. Is it availble? No. Forget it then.

    Probably it woudln't be commercially feasiable to release CD versions of old vinyl from bands that never got popular, but it would be cheaper than new music from new bands.

    1. Re:old music by grahamm · · Score: 2, Insightful

      By a change in distribution/sales mechanism it could be commercially viable. If the retail outlets had the popular CDs on the shelf but also had a CD burner and on-line access to the complete back catalogue they could supply any album on-demand at very little cost (to them).

    2. Re:old music by Corporate+Troll · · Score: 1

      It's not only in time. But also geographically. I was on a road-trip in the US last may. Being on a road-trip, I thought listening to Country would enhance the "American experience". Well to my biggest astonishment, I actually really liked some songs.
      Guess what? Buying them in Europe is just not possible! Sure, I could order them at CDNow.com or Amazon.com, paying insane shipping. I just downloaded them from Gnutella, and got over with it. Of course now I'm an evil pirate, because I have illegal music, but music I couldn't even have bought in the first place.
      I'm pretty sure you Americans don't get German or French artists often at the record store either. (From the UK is more probable)

    3. Re:old music by grahamm · · Score: 1

      French & German artists are not common in the UK either. I get get French arists from web retailers in France.

    4. Re:old music by Corporate+Troll · · Score: 1
      Of course not. It's a language thing. I'm lucky enough to live somewhere inbetween Germany and France with a steady influence of the UK (Lot's of people from the UK here) and of course the mandatory influence of Corporate America.

      Look, I like some Spanish music even if I don't understand a word they say. Sometimes it still moves me and I like the melody. (For example "Mecano" -- but that one is well known)

      You just proved to me that geographical differences are already there within Europe itself.

    5. Re:old music by prockcore · · Score: 2, Interesting

      If the retail outlets had the popular CDs on the shelf but also had a CD burner and on-line access to the complete back catalogue they could supply any album on-demand at very little cost (to them).

      Remember Blockbuster Music? They had a plan to do this. They would store all the songs in wav format on a central computer, then you would use a kiosk to order your CD, which would be burned and the cd insert printed while you wait.

      The RIAA wouldn't let this happen.
      http://www.augustachronicle.com/stories/0 60697/tec h_plugin.html

      Sam Goody used to do something similar with tapes in the 80s. They had a huge book with thousands upon thousands of songs in it. You'd flip through the book looking up songs, and write their ID numbers on a form. 30 minutes later, you'd have a tape with all the songs you wanted on it. I still have 2 of those custom tapes.

      The RIAA put a stop to this too.

    6. Re:old music by Fig,+formerly+A.C. · · Score: 1
      I live in the midwest US.

      Please, please, PLEASE don't equate that whiny drivel known as country with the "American Experience" or my culture. Please... *imploring look*

      If that is truly the perception the rest of the world has, I can see why you bang on Americans so much. Country is rap for white people, it fills a cultural niche (or vacuum, depecnding on your outlook).

      Not all rural Americans like country, just like not all urban Americans enjoy rap.

      I'm not trying to tear on the fact that you found some you like, I just want to dissuade you from too deep of an association.

      --
      Murphy was an optimist.
    7. Re:old music by ctve · · Score: 1

      I'd love to get Mantronix's "Music Madness", an album that got into the NME Top 50 for 1985. It was briefly released on CD. Their first album simply titled "The Album" was re-released on CD at a decent price. The moment I heard this, I got out there and bought it. I'd even sign up for a 'back catalog' service, if say the price was 30c per song (in MP3 format). At the moment, the companies are making nothing out of this music. Would you sign-up for such a thing?

    8. Re:old music by Corporate+Troll · · Score: 1
      Sorry for stereotyping... But probably, I'm a moldy-cheese-eating-chains-smoking-european for you too...
      Hey, when I was listening to country, I was cruising in a convertible through the desert. I thought it as pretty appropriate. (Road-movie like....)

      Anyways, what is *good* american music then? I mean stuff that isn't played here and isn't hyped up like all the crap we get to see on MTV. For me some "different" music was really rather refreshing.

  42. WRONG again by zaren · · Score: 4, Insightful

    The article says "a proliferation of free music-swapping services on the Internet has led to a decline in CD sales.'"...

    I haven't bought many cds lately, and it's not because of the Internet (since I don't use p2p). My decline in purchases is for two reasons:

    1) CDs are too bloody expensive
    2) Current music selections SUCK.

    Get a better variety of music out there, and don't charge so fcsking much for a CD (weren't the prices supposed to come DOWN over the years?), and you'll get more customers. It really is that simple.

    --
    Come to the University of Mars! Classes starting soon!
    1. Re:WRONG again by CptCook · · Score: 1

      I have not bought many CD's for a long time either, purely because I think they are ridilculously overpriced. I will happily buy CD's that are in the sale, because I think that is a much more reasonable price to pay.

      The thing that really took the biscuit was the UK report a few years back that said CD's were not expensive enough!

      Go figure...

  43. strange how nobody blames the poor quality music by Anonymous Coward · · Score: 0, Redundant

    Frankly most of the music being produced today sucks. Maybe it's because they cant build on prior art?

    Either way it sucks. Thats why sales have dropped.

    You dont see Ford or Intel blame pirates when their sales drop. They look at the quality of their product and market conditions.

  44. The Cdnow Experience. by jetkust · · Score: 5, Interesting

    I remember purchasing music from cdnow thinking i was getting an mp3 file i could later burn to a cd, only to find out (after the fact) the music was in this liquid audio format where the "recommended" player was liquid audio player (which i believe was the only player). It also claimed the song was only playable from 1 computer and was crippled in such a way that I had to do an analog rip of the song from one of my computers to the other. My point is that if they are going to be successful they have to be MORE convenient that file sharing programs. And not just by having easily downloadable mp3s, but an easier interface, more reliability, and faster downloads, etc...

    1. Re:The Cdnow Experience. by sulli · · Score: 1

      And Liquid Audio just sold its assets in a bankruptcy firesale. HAHA

      --

      sulli
      RTFJ.
  45. "We are in the customer relationship business" by Anonymous Coward · · Score: 0

    ...but we let the RIAA do our dirty work.

  46. Reason by Anonymous Coward · · Score: 0, Insightful

    Shitty music is the reason I do not purchase CD's. Major label garbage is all it is, one good song out of 16? Fuck that noise. I will sing in the shower before these bastards get ANY of my money. I stopped listening to the FM radio back in 1976! Commercial crap rhymes with Rap.

  47. more banding together?? by spazoid12 · · Score: 2, Insightful

    hmmm, "banding together" sounds familiar...

    Wouldn't all this "banding together" get them into more (small) trouble?

  48. It HAS led to reduced CD sales by RealBeanDip · · Score: 1, Insightful

    Let's sidestep the "there are only 2 good songs on the CD argument for a moment" ...

    My experience (albeit limited) indicates to me that less people are buying CD's. I've talked with adults who have NO IDEA that downloading music and burning it to a CD is wrong -- they think they're getting free music. Numerous high school kids I've talked to seem to think that music is free, only an idiot would actualy BUY a CD.

    Now the question is; would these people actually buy CD's if free downloadable music wasn't available? Again, my experience has shown that they would. In the past, before the online piracy of music became a way of life, these same people I knew were in fact buying CD's. And now? They aren't.

    The problem is (IMO), is that most people don't know they're stealing. They don't see someone getting hurt, therefore it's OK.

    I don't blame the music industry for trying to prevent this wholesale ripoff of their product.

    --

    You know you're a geek if you've ever replied to a tagline.

    1. Re:It HAS led to reduced CD sales by RzUpAnmsCwrds · · Score: 1

      The're not stealing. The're committing copyright infringment.

      There is a difference.

  49. How the record companies can come back by yerricde · · Score: 4, Interesting

    The major American motion picture studios are doing better financially than the major American record labels partly because a movie often pays for its production at the box office alone, whereas a record has no box office at all, except for motion picture soundtracks.

    Solution: Make music videos for all songs on an album. Interweave them with a cheap plot, and turn them into a movie. (I'm thinking like Moonwalker but hopefully better written.) Release the movie theatrically on the Friday before the album comes out. Then, after a few weeks in the box office, put the videos into MTV's heavy rotation.

    This should be easy enough for Sony, Warner, and Universal, who own both a record label and a movie studio. It may not work for Bertelsmann and EMI, who don't have major U.S. movie holdings.

    If I am talking out of my rear end, please explain to me in polite language why this wouldn't work.

    --
    Will I retire or break 10K?
    1. Re:How the record companies can come back by twofidyKidd · · Score: 1

      I think a common response might be "I like my music as music and my movies as movies."

      There's lots of great music that could never manage to make a transition to something like that, and even more bad music that could. That's liable to put the industry into a position to spend more money on something that no one would buy, or in this case, watch. It's not a bad idea, but its feasibility for success is low especially when Britney Spear's movie did so poorly.

      --


      Hades, PoD: Official Advocate
    2. Re:How the record companies can come back by stratjakt · · Score: 1

      MTV plays music videos?

      I'd thought all they have is cheaply produced reality-TV.

      Who wants to see some goofy music video when you can watch Joey brush his teeth while Freda waits outside the door, whining about how much she has to take a shit.

      I'm being sarcastic, but it is true. Music videos alone killed MTV when they switched to a traditional business model based on Ad revenue. Noone watches it. Now the 'video' channels are a premium service.

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:How the record companies can come back by borkus · · Score: 1

      Two problems -

      Movies are far more expensive to make than record albums. Simply put, you need more creative talent (actors, screenwriters, directors) and more technical talent (cameramen, grips) working over a longer period of time to make a feature length (90+ minutes) product. In order to pay for the movie, you would have to sell a huge amount of records. Usually, music based movies (Purple Rain, The Wall, Glitter) make money riding on the prior success of the artist and are profitable in their own right.

      While the conglomerates own both movie studios and record labels, these subsidiaries work independently of each other. Sure, occasionally you'll get overlap - such as Sony putting a Columbia records artist on the soundtrack for a Sony motion picutre. However, each groups is only concerned the profitability of its own branch. Sony Pictures has very little interest in making unprofitable movies to boost Columbia records.

    4. Re:How the record companies can come back by Anonymous Coward · · Score: 1, Funny

      Indeed! Given that a CD costs you something on the order of 20 bucks, just imagine how much it would cost if they had to hire screenwriters, cameramen, actors etc. and make it last over 90 minutes instead of the 40-50 minutes you now get! Why, the results of such a huge and expensive undertaking could certainly not be sold to a customer for less than $200 or more!!

    5. Re:How the record companies can come back by rpillala · · Score: 1

      I think instead of trying to make a feature film with music videos, they could make a good old fashioned concert movie. This wouldn't require as much apparatus as making a feature from scratch, and if it were in movie theaters, you would get somewhat of a concert experience (more immersive than watching a concert on TV I think) at a regular movie price. Cringely talked about something like this but was proposing a full concert tour before the album was released as the only way to experience the music. This is not to say that bands and their labels couldn't do both a concert tour and a movie. I tend to just listen to my existing (physical and downloaded) music collection and just have no real interest in current pop.


      On the other hand, there must be some reason that you don't see all that many concert movies these days. Or maybe you do and I haven't been paying attention. So many possibilities.


      Ravi

      --
      When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
    6. Re:How the record companies can come back by sconeu · · Score: 1

      especially when Britney Spear's movie did so poorly.

      So there is hope for mankind.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    7. Re:How the record companies can come back by checkyoulater · · Score: 1

      If I am talking out of my rear end, please explain to me in polite language why this wouldn't work.

      I think the main problem is the fact that the majority of songs on these new albums suck. If you go ahead and make a movie out of said album, the movie will also suck. Badly. People will not see it for the same reason they will not buy the cd: It isn't any damn good.

      You think people are upset now about paying $20 for the CD? How about you first pay $15 to watch the movie, and then another $20 after you've already seen it. Did I mention that the music is no good?

      --
      Is that a real poncho? I mean, is that a Mexican poncho or is that a Sears poncho?
    8. Re:How the record companies can come back by cgenman · · Score: 1

      Interesting idea. How about the 3 stooges effect? Use a much hyped and "loved" band's soon-to-be-released video and single to carry a bomb? Like the Star Wars trailer attached to Wing Commander (ironically both series Mark Hammill was attached to)? Along with those boring trailers for movies you don't want to see, and quizzes that wouldn't challenge a 3 year old, you could have the latest Janet Jackson video blasted in front of thousands of eager listeners who paid, in part, to watch the video. What better way to make sales than project a video across a 2 story screen with Digital THX sound and a captive audience?

      Love the Fugees? They're playing with "How to lose a guy" at a theartre near you.

      This sounds like it could really work. So on second thought, let's never mention this again.

      -c

      Of course, this kind of synergy happens all the time, as more movies are being (ab)used as platforms to promote bands the label/movie studio wants to sell. Joss did a great service to many small bands by including them in episodes of Buffy, but that power is now being abused to try and make hip the stale.

      And for that matter, 8 mile. Eww. Let's never mention *that* again either.

  50. Re:YOU COCK-SUCKING MUMSHIT by Anonymous Coward · · Score: 5, Funny

    Your eloquently stated opinions intrigue me. Please subscribe me to your newsletter.

  51. I havent bought a CD in about 5 years by stratjakt · · Score: 3, Insightful

    And I havent downloaded any mp3s either.

    And I probably never will. All the artists I listen to are dead or in drug-induced comas or something.

    It became clear to me long before the whole P2P-vs-DRM issues that the music industry has nothing left to offer me. I already own all the music I'll ever want to listen to.

    Likewise, I've never purchased a movie, and probably never will. I'm just not the type to watch a movie again after I've seen it, so I dont see the point in owning one.

    That said, I don't give a rats ass what happens to the entertainment industry or P2P.

    They can lock it all up with DRM so noone can hear it, they can make it all public domain and print the sheet music on toilet paper. They can charge $300 per minute of audio, or give it away for free. They can mandate that Yoko Ono is to do backup vocals for every song until the end of time just so people wont want to hear it.

    They can go bankrupt, go to jail, go to hell.

    I just dont give a shit.

    And I'd wager that every day another handful of people like me come to the exact same realization. RIAA members sell images. Few people truly love music enough to pay to listen to it.

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:I havent bought a CD in about 5 years by squared99 · · Score: 1

      yeah, screw future generations. Lets not do anything now, so it can be worse later.

  52. Dont like the article.... by Anonymous Coward · · Score: 1, Insightful

    send a letter here NYTimes Corrections

    Bitching about it on /. does not help, my mom doesn't read slashdot. To really start to make change you have to participate in public discussion. One way is to let the authors of articles that spread mis-information that they are doing a disservice to their readers. Given enough complaints over time we might see some change in the way these issues get reported. I think the nytimes is one of the last credible news sources and has not been proven to be a shill for the pigopolists, maybe they will listen. But we will never know till enough people let them know what news they are publishing is incorrect.

    btw... journalists require facts. so don't email them that **pa blows chuncks. if you have an opinion about something try the op-ed

  53. Why will this work? by Inflatable+Hippo · · Score: 1

    1. When I *BUY* music I want to *GET* something and I don't think I'm alone in this. Many studies have shown that people like physical artifacts, something you can poke with a stick and say: "that's mine"!

    2. The duplication and shipping costs of sending me a CD are as nothing to the overheads (and profits) of the music industry itself, so I assume that I'm not going to save a great deal of money buying the music data rather than a disc.

    3. Even if they did deep and sell it cheap they'll only undermine their own dwindling CD sales.

    It just seems like they want to hasten their own demise.

    1. Re:Why will this work? by petecarlson · · Score: 1

      3. Even if they did deep and sell it cheap they'll only undermine their own dwindling CD sales.

      If they sold mp3s cheap and it undermined CD sales, it would show that free mp3s undermine CD sales. (Ceteris Paribus)

      If, as many think, downloading music increases sales, there would be no detremental effect on CD sales.

      What they are doing now is not working.
      Price mp3s at $.10 ea and find out.

  54. Minidisc user here by Winterblink · · Score: 1
    I still buy CDs. RARELY, but I still do. The last CD I bought was Conjure One's debut, and as far as CDs go this one was well worth buying at full price. It's a rare case where 95%+ of the music on the disc is excellent. For the others, I'm more apt to download the songs than shell out the full price for the disc. The cost to satisfaction ratio just too low for most releases.

    Now, I use a portable minidisc recorder/player to cut my own mixes of CDs I own, as well as MP3s I download. My PREFERENCE is to make mixes with CD because of the quality of the end result. Now, if I buy a CD that has copy protection on it that makes it so I can't cut a copy to a MD, I'm going to return it, asafp. It's a defective, broken product that I won't shell my money out for.

    The same goes for any online music retailer that purports to sell downloadable versions of music with heaps upon heaps of restrictions on how I use it. If I pay money for a CD, a song, or an MP3 I want to be able to record a mix MD with that product. IF they can provide a cost effective service for me to get music and use it how I want to, then this is an excellent idea and maybe we should take a look at it for what it is without as much bias. However I'll wait until the service is active and has decent music to grab before passing final judgement.

    --
    "I'm a leaf on the wind. Watch how I soar."
    -Hoban Washburn
  55. Three steps from concept to completion by yerricde · · Score: 4, Informative

    is "making" the music the creative process of arranging notes and lyrics, or the physical process of manufacturing the CD?

    Copyright law recognizes three steps in the process of making a record:

    1. Making the music. A songwriter writes a song and (I'm assuming) buys liability insurance that the song is original and not accidentally plagiarized.
    2. Making the recording. This is the job of the performers, producer, and sound engineer and encompasses recording, mixing, and mastering. This stage makes the difference between a demo and a commercial recording. Result: up to 74 minutes of great-sounding wav files.
    3. Making the phonorecords. ("Phonorecord", or "phonogram" in some countries, is the copyright law term for a fixed reproduction of a recording; it does not refer to vinyl.) Any large-scale CD replicator will do this.

    So they have created a product. But somebody still needs to create a demand for the product, and promotion is traditionally the job of a label.

    --
    Will I retire or break 10K?
  56. Re:This isn't a good analogy-Starving artist by Anonymous Coward · · Score: 0

    That's all nice. However your as guilty of what I mentioned to one of the other posters. There's a bigger world out there, and the "division of labour" that created it. Not everyone wants to deal with financials, hence an accountant. not everone wants to deal with legals, and administration, hence a producer and lawyer. Not everyone wants to do the grudge work, hence roadies. Kind of cuts into the " I just want to play music" thing, doesn't it? There's also a matter of scaling. If all you ever want is to make just barely above "break even" then? Yeah!. Go for it. There's also the (so far) unanswered question of all these "street performers" level ideas, and sustainability? How many can be sustained in a given area, or as a group "industry"? How about long term? Will fans make the effort to support their musicians, if they know that it involves traveling somewere? Convience is more than just a marketing word.

  57. All long-time customers of Muze by Anonymous Coward · · Score: 0

    Muze is a company that provides data content about almost every CD/record made since records and CDs could be documented. The Muze guys are okay, and I don't think they'd really want to limit the music, but their customers tend to be the tightest screws I've ever met. They'll try to rip us off online - that's all that is. Go to your independent stores. I get my CDs for $3-4 cheaper on every CD, and used CDs are offered for $4-11 cheaper than any CD at the CD store. And box sets... Nearly half price.

    I don't know where they're going with this, but I assure you that they all know each other pretty well, from years of dealing with Muze. I suspect some price fixing and oligopoly strategies, squeezing the remainder of my faith in the music industry down the tubes.

  58. Vote with Your Feet (and your money) - Go Indy! by Lodragandraoidh · · Score: 3, Interesting

    The best thing bands can do today is to put up a website with free downloads of all their songs. Beside each song have a recommended donation price ($1 to $3 per track) - with a paypal link so folks who appreciate your work can pay.

    Then, get out there and tour - pay your dues every weekend to promote your music and your website. You're not here to get rich quick - you are here because you love the music.

    ~~~

    The best thing music lovers can do is start donating to these pioneering indy bands - and stop buying CDs - unless it is absolutely worth it (and I don't consider much new music produced in the past 5 years worth it - with a few exceptions).

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
    1. Re:Vote with Your Feet (and your money) - Go Indy! by Dyolf+Knip · · Score: 1

      Either that or give out a 32 or 64 kbps file for free and charge a buck or two for higher quality ones.

      --
      Dyolf Knip
  59. Decline in CD sales by Anonymous Coward · · Score: 1, Interesting

    I just spoke with the Editor in chief of the Ney York Times Digital.

    I politely informed him of the erroneous statement in the article and indicated to him that there was no substantiation for this claim.

    I also proceeded to inform him, at his request that I personally found new music on sites like VH1.com and mtv.com and sampled them to find out if I wanted to buy them at which point I would go purchase the song, or the CD depending on availability.

    He has informed me that they will be making a correction to the article.

    The offending remark is in paragraph 3, sentence 3. I have requested to have this sentence eliminated, given the stature of the NYTimes and it's desire to remain a factual newspaper.

    If you notice, none of the rest of the article has to do with free downloading networks.

    There is substantial research to indicate the primary causes for the decline in CD sales to be the over-proliferation of recording companies all wanting a piece of the pie and a sharp economic donwturn forcing consumers to cut back in spending in an already saturated marketplace.

    If you all could keep watch on this article and see if the retraction/correction takes place, I would appreciate it.

    I will be calling the NYTimes back this afternoon as a followup.

    Thanks.

  60. With some live footage by yerricde · · Score: 1

    "I like my music as music and my movies as movies."

    Explain concerts. If a band can turn an album into a concert, a theatrical performance, effectively a play, then why not turn the play into a movie?

    Of course, it wouldn't work for every band's album, but it could work in enough cases to bring a few extra bucks for Sony, Warner, and Universal and create demand for a product (music videos) that is slightly harder to pirate than straight recorded music.

    --
    Will I retire or break 10K?
    1. Re:With some live footage by twofidyKidd · · Score: 1

      Concerts and movies are apples and oranges. A better comparison would be stageplays and concerts, but again, stageplays and movies are not the same. Your audience is often times, an entirely different bunch, and since stageplays don't share the distribution medium as do movies and music, your comparison is again disjoined.

      1) I'm willing to play $30-$50 for a live performance. I'm not willing to pay the same for a movie.

      2) Some artists craft their art for the stage, others craft their art for the studio and with production skills. I listen to a lot of stuff that just wouldn't make it live like their studio produced material does, and that's just the nature of their music. It doesn't let to a "which is better" kind of argument. Its all a matter of preference.

      3) Stating again, previous examples. Moonwalker, Yellow Submarine, Hard Day's Night, Tommy. All examples of success in the proposed idea, but consider that those are few and far between, coupled with the fact that these were superstars in their own right lends me to believe that such an attempt with current or new artists will lead to an exercise in the "hard-sell." The $$ spent to get the eyeballs will push the profit margin out of range and into the red, pretty much making it a no go.

      I like to think I have a good business mentality, and I also like to think I know a good thing when I see it. I think the idea has merit and that certain bands might have a shot at doing this (Alien Ant Farm comes to mind, because the video for Movies was actually good enough for me to believe they can carry a 90-120 minute endeavour), but its definitely something that can't be adopted on a grand scale.

      --


      Hades, PoD: Official Advocate
    2. Re:With some live footage by Jester99 · · Score: 1

      Comparing concerts and movies is a very apples-to-oranges case.

      Concerts are only half about the band. The other half is audience participation. Standing with 20,000 people who are all excited to be there is exhillarating. Sitting in a theatre with 500 people whose cell phones keep ringing and their popcorn keeps getting thrown everywhere doesn't even come close.

      A good live concert has an energy to it that is not seen in movies. Otherwise, why would you pay $50 for a concert ticket? You'd just pay $20 to buy the recorded version of the concert on DVD and watch it as many times as you'd like at home. The concert itself is nearly impossible to captivate on a movie screen, no matter if it's 42" or 42 feet.

  61. Look at the future by bstadil · · Score: 1
    If you want a good look a the future of the music industry look at the Band .

    These guys sell most of their music directly but have signed up with smaller labels in various countries, so they have a minimal Brick and Mortar presence. You can download a fair amount of shortend mp3's of their music, and most importantly they have decided to use DVD as the medium of choice / distribution, so you get the whole experience in addition to the music.

    --
    Help fight continental drift.
  62. Probably Offtopic by Corporate+Troll · · Score: 1

    Have A Cigar -- Pink Floyd . I'm not exactly sure, but always if I hear this song it makes me think of some record-label manager lying to a band and tring to rip them off. It probably is even about that.
    So it's hardly a new phenomenon.

  63. a gross, yet accurate oversimplifacation by kraksmoka · · Score: 4, Informative
    The average cost of a compact disc, according to the Recording Industry Association of America, the lobbying group which represents recording companies, is $14.21. Many critics say that is expensive when compared with other media, like DVD's, which offer loads of extra features and programming.

    To be more blunt. A CD comes with 74 minutes of audio only content, with possibly a little extra photographic or artwork on the case. For the same amount, you can buy a DVD with 90-120 minutes of AV content, plus typically anywhere from 5-20 minutes of extra, behind the scenes, get to know the creative artist footage, interviews, promos, etc.

    Bottom LINE. The labels are not providing the same amount of Bang For the Buck value in their products as the studios.

    --
    "You never want a serious crisis to go to waste." - Rahm Emanuel
  64. Short version of the article by muffen · · Score: 2, Insightful

    Interesting article.

    This is what I read:

    Bla bla bla bla... we are, again, going to attempt to sell music online that you can only play in our players for a limited amount of time or for as long as you keep paying us. You mp3 player will be useless, and don't even think about burning CD's

    Sell non-encrypted mp3's online, or any other format I can convert to MP3. I want to play MY music in MY mp3 player and MY CD player!

    I know the article didn't say what format they were going to use, but I am open for anyone that wants to bet against me when I say that the music will be encrypted in one way on another.

    I wonder if they will ever understand... :-/

    1. Re:Short version of the article by buddydawgofdavis · · Score: 1

      Alright! I've been waiting for an organization like Echo for some time now.What took so long?
      Welcome to the internet community, looking forward to purchasing some great tunes! Hope they use RedHat :)

  65. Nightwish by bstadil · · Score: 1

    Sorry the link to Nightwish disappeared. Look here Nightwish

    --
    Help fight continental drift.
    1. Re:Nightwish by Anonymous Coward · · Score: 0
      Support Amnesty International, Médecins Sans Frontières, Red Lobster...
      Not while they bankroll Rush Limbaugh I won't...
  66. "...banding togeter..." is ILLEGAL COLLUSION IMHO by RazorJ_2000 · · Score: 1

    These idiots shouldn't be allowed to "band together". It's their stupid group-mentality and deranged attack on their customers that is causing their problems. When all the big players like this join forces, that's illegal collusion under the Sherman Act (again, IMHO).

    --
    pi=sigma{n:0-infinity}[(1/16)^n][(4/(8n+1))-(2/(8n +4))-(1/ (8n+5))-(1/(8n+6))]
  67. ABANDON SHIT? by medscaper · · Score: 1
    ABANDON SHIT!

    Uhhh. Is that a typo? There's like...1..2..3..FOUR keys between 'T' and 'P'.

    Ohhhhhh. TP.

    I get it.

    --
    Any sufficiently well-organized Government is indistinguishable from bullshit.
  68. Won't work by Petronius · · Score: 1

    The stuff ('artists') they're trying to sell you is cr@p. People that want Britney will still buy the CD at the mall. People that like rare, hard to find, original music will continue p2p/private ftp servers/ rip|mix|burn / cuz' they won't find what they're looking for on this new site. Besides, I'm ready to bet that the value/cost will suck: you can't sell junk food at caviar prices.

    --
    there's no place like ~
  69. Why I Download Instead Of Buy by Powercntrl · · Score: 2, Interesting

    If I hear a song on the radio that I enjoy, I can just search for it on Kazaa Lite and download it. It doesn't matter if it's an unreleased promo-only track or a promo-only mix that isn't for sale on the album, chances are it's already been leaked online and I can get it.

    I'm sick of the games the music industry plays by not releasing certain mixes of tracks they play on the air, only releasing some songs as singles and bullshit release dates for tracks the radio already has. If you're going to play it on the air - sell it or I'll just get it elsewhere.

    Once I noticed I'd been downloading more than a few MP3s by the same artist, I'd actually buy the albums. Not only was this to show support for the artist, but it allowed me to make a high-bitrate rip to MP3 of the entire CD for my own personal use. With the introduction of copy protection, however, I doubt I'll ever buy another CD again unless the music industry sees the error of its ways.

    --

    ---
    DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
  70. Re:I'll bite (Producers?) by CashCarSTAR · · Score: 1

    Since when did producers become a symbol of the record industry? In fact, all the services you have listed I still view as being underneath the label part.

    Especially for producers. If you ask me, producers are part of the whole experience. If you are into rap, you can hardly discount the effect that people have had like Dr. Dre and The Neptunes. Likewise for rock, one can hardly discount the role people like Danial Lanois and Brian Eno (who also produced one of my other favorite bands, James) have had on U2, or personal favorites like Butch Vig or Flood.

    Good producers are necessary, however in most cases they are picked by the artist, not the label. (With the exception of pre-fab music).

  71. MOD PARENT DOWN!!! -1, Unpopular Opinion by Anonymous Coward · · Score: 0
  72. So can I steal a TV from your house? by Anonymous Coward · · Score: 0

    I'm not stealing a whole album of your TV's so I don't need to pay for just one.

    1. Re:So can I steal a TV from your house? by squared99 · · Score: 1

      No, but I'm sure you could borrow a tape of a program he recorded off his TV.

  73. of course by gyratedotorg · · Score: 2, Funny

    '... a proliferation of free music-swapping services on the Internet has led to a decline in CD sales.'

    well, of course. now people can listen to an album and find out that it sucks BEFORE they buy it.

    --
    Gyrate Dot Org - "Where high-tech meets low-life"
  74. What would you pay? But wait, don't answer yet! by presearch · · Score: 2, Interesting

    If just one major label took the risk of opening up their catalog the
    way that consumers want, the rest could follow. Even if they took the
    chance on one artist's catalog to see how it went. As an example,
    if the Beatles catalog was offered online as highest quality mp3s,
    consistent clean meta data, no drm. $15 bucks per album, 1 buck per
    single. The complete catalog, at a clean, consistent quality level.
    (Something that's not available from p2p these days).

    No catches, no proprietary player. You could also order the same
    content on physical media with bonus fetish material at a price premium,
    say another 10 bucks. Not everyone has broadband. If it's encoded at
    a high bit rate, it's not worth the time and hassle for everyone to download
    and mirror.

    Would this venture be out of business in 6 months? Discuss.

    1. Re:What would you pay? But wait, don't answer yet! by Phil+Wherry · · Score: 1

      You make a good point.

      I'm amused, too, that you should bring up the Beatles catalog. Those who remember the ramp-up in popularity for CDs in the mid-to-late 1980s will remember that the Beatles catalog was very late in coming to the CD format.

      The reason? According to the label, it was at least partially because the very high quality of the digital recording would result in mass piracy (to cassette tape), which would in turn cut into vinyl sales. (As I recall, there were some other rights issues to be resolved as well, but a large part of the reason was this supposed piracy.)

      Sigh.

      Phil

    2. Re:What would you pay? But wait, don't answer yet! by hackstraw · · Score: 2, Insightful

      What? Would you really pay 15$ for Abbey Road and not be able to look at the fab 4 walking from left to right on the album cover?

      So your saying that I need to now either buy a broadband connection or pay another 10 bucks (or download the stuff at work). Why can't I just go to the damned store on the way home and buy the thing with the mp3s, the audio cd, the album art, liner notes, etc? Is there some fundamental problem here? Discuss.

    3. Re:What would you pay? But wait, don't answer yet! by presearch · · Score: 1

      Higher quality targeted directly to mp3 players.
      It's a little thing but I've always had to re-edit cddb
      tags to get them to spell things correctly, even just
      to give the songs the right name. I've also seen the
      metadata get do things differently between two disks
      on multi disk sets. Also, if they open this plan up, they
      could offer the entire catalog on DVD-ROM. $250 for
      the entire Stones catalog, with consistant metadata
      plus a little bonus material? It would be the hit of the
      Christman season. Many people would prefer to buy
      music in bulk to load up that 20Gb iPod.

      The p2p download "services" are all too hit and miss.
      I can't figure out why the RIAA thinks that the labels
      can't compete with them. It's all so spotty, mostly
      just a billion copies of the same "hits" but it's rare
      to find an entire album intact.

      The biggest problem isn't paying the artists, or the
      labels. It's pulling the rug out from under the middlemen
      like Best Buy and Tower. If anyone hates mp3's it's those guys.

  75. they won't get publishing rights by mo · · Score: 3, Interesting

    Nobody talks about this, so I just thought that I'd point out the rats nest that is publishing rights. For an online service to be legal, one needs both copyrights and publishing rights. Copyright for most works is held by the members of the RIAA. The similar organization for publishing rights is called Harry Fox Agency. However, Harry Fox has thousands of members and they are all very small. If you want to make a legal online service, you have to get written authorization from these Harry Fox members. However, the lack of coordination and technology at Harry Fox makes this almost impossible. It is extremely diffucult to get this permission because they don't know who owns the publishing rights, or are unable to contact the owners for many songs.

    This is why even services like pressplay and musicnet do not have a very good selection. For background, see this article where Universal lost a lawsuit when it was sued by the publishers when they attempted to put music that they owned the copyright for online.

    1. Re:they won't get publishing rights by Anonymous Coward · · Score: 0

      These guys aim to pay artists/publishing royalties. It remains to be seen how their program will work, exactly. Anyone know anthing about Full Audio?

  76. Free MP3 have nothing to do with falling CD sales by duffbeer703 · · Score: 1

    What fools do these RIAA fascists take me for?

    I downloaded from Napster, and continue to download music from Kaaza and other online sources. I've also purchased about 50 CD's since New Years.

    Why would one not buy CD's? I like to sample popular songs with MP3s, but you really can't beat getting the full album, with the album, deep tracks, and sound quality.

    Why would anyone want to keep thousands of songs on a computer anyway? Personally, I like using an entire wall of shelves to hold jewel cases and CDs.

    Paying $25 for the newest Britney Spears album gives me a feeling of pride that my money is helping Britney develop her musical career. Downloading every piece of music every recorded for free doesn't give me that satisfaction.

    --
    Conformity is the jailer of freedom and enemy of growth. -JFK
  77. Echo! by bmarklein · · Score: 2, Interesting
    Looks like these are the same guys who operated echo.com, the most kickass Internet radio site, which shut down about a year ago. It was a personalized radio thing, kind of like Launchcast, but you could listen with other people and vote whether you wanted to skip the current song, etc. The player was this mutant web-based IM client / music player and it was about the coolest thing I've seen done with Flash. My girlfriend and I used to listen to music and IM together while we worked.

    Anyway, I'm glad to see these guys have managed to stay alive and if their new service is like the old one I'll definitely check it out.

  78. Formula for success: lower prices by OneInEveryCrowd · · Score: 3, Interesting

    If individual songs were priced around a nickel (5 cents US) and album prices were a dollar or less online music sales would be a success and the companies involved might actually make more and not less money.

    There is a precedent for this type of scenario. Remember Compuserve in the late 80s and early 90s ? It had several hundred thousand members and charged $6 and $12 per hour for access. Remember what happened when Netcom introduced the $20 per month flat rate plan ?

    I realize that given the greed of the current music "industry" leaders this won't happen soon, but besides that does anybody think it *wouldn't* work and solve most of the "piracy" problems if it was given a chance ? Compuserve always said their prices were a bargain and no one could do it for less also.

  79. Catchy Name by serutan · · Score: 2, Interesting

    Echo, as in "we've heard it before".

    It's nice that retailers are joining the mutiny against record companies, even if only the way rats jump ship. The whole record business is heading for a niche -- old music -- music recorded in the days when record companies were able to force musicians to hand over their rights, when the companies could become the owners of the music, could make it "their" music. You see that phrase in the article... get permission from record companies' to download "their" music. Record companies still think of musicians as contract labor making a product for them. It's happening slowly, but as more musicians find ways to get their music heard without locking into record deals, the ownership of music by record companies will dwindle to an oldies collection.

  80. Misinterpreting? by xant · · Score: 1

    In this detailed analysis, George Ziemann argues that the record industry released 11,900 fewer titles in 2000 than it released in 1999, a 25% decrease, yet the total number of units shipped decreased only 10.3% and the dollar value of these units fell by only 4.1%. It seems that the RIAA is misinterpreting its own statistics.

    Misinterpreting? No... they're interpreting the statistics exactly the way they mean to.

    "Don't attribute to malice what can be explained by incompetence" ... doesn't apply here. The music industry knows exactly how many new albums it released, what number of sales that should add up to, and how to calculate a representative statistic based on that data. They choose not to do so because of their malice toward the customer.

    --
    It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
    1. Re:Misinterpreting? by BenSnyder · · Score: 1

      I understand what you're saying, and I'm inclined to agree with your statement, however, my use of the word 'misinterpreting' is still correct.

      The word misinterpreting means:

      1. To interpret inaccurately.
      2. To explain inaccurately.

      In this case, my usage would be correct. We both understand the malice that Labels have against its consumers, but that doesn't mean that they are correct in that thinking. If the goal is to find out why CD sales are down, then any excuse that doesn't accurately explain the drop in CD sales would be a misinterpretation of the statistics. In my opinion, as stated in my original post, the RIAA is, in fact, misinterpreting its own statistics.

  81. Best of both worlds? by SenatorTreason · · Score: 1

    So, the main issue is whether or not people will download songs from the Internet? By this, I mean that the downloaded song will be the only copy of the song that the person will own. Will this work? For me, no. I want the actual CD so that I can make another copy should my hard drive die, I get a virus, h4xor3d, whatever. Okay, simple solution, buy the CD. Not quite. Too expensive. I cannot justify spending $15-$19 on a CD. Is there a solution? Offer me more for my $15-$20. Where? On the frickin' internet. By buying the CD, give me access to other resources online. Databases of artist information, artists similar to that artist, a list of concert dates, videos and other various multimedia, pictures, desktops and throw in a few select "live" mp3 or oggs every once in a while. Rather than view the buying of the CD as a final goal, consider it the beginning of a relationship that lasts as long as I like that artist and what he/she is doing creatively.

    Ultimately, I want a physical device for the music (most important), but with these added features, I could rationalize the price of the CD's and might actually buy a few from you scoundrels. This "multimedia" content would have low overhead (make once, millions of downloads) and would add value to a CD and might actually make for more return business for the music industry. It would at least make me visit your website more often than now. Another note is that this "multimedia" content must be of very high quality, digitally. No 64kb/s mp3's, or super small videos that you can't even make out the artist's face. This was once called an "Enhanced" CD, I think, but being on the CD limits it use. Good idea, bad implementation.

  82. Free Registration, blah, blah, blah... by LuYu · · Score: 0, Offtopic

    Is it just me, or did someone else find it surprising that the NYTimes' site did not display the registration page this time?

    Does this mean that NYTimes has realized that keeping tabs on customers makes customers angry?

    Or does this mean that they are using a more insidious method of data collection?

    --
    All data is speech. All speech is Free.
  83. Article From Wall Street Journal by SailorBob · · Score: 1, Informative

    Music Retailers Team Up
    To Form Internet Venture

    By NICK WINGFIELD
    Staff Reporter of THE WALL STREET JOURNAL

    A half-dozen major music retailers, reeling from a slowdown in CD sales, have formed a new company that plans to offer songs for downloading from the Internet.

    Best Buy Co., Hastings Entertainment Inc., MTS Inc.'s Tower Records, Trans World Entertainment Corp., Virgin Entertainment Group Inc. and Wherehouse Music Inc. said they have founded Echo Inc., a consortium developing a service that will let each of the retailers distribute music on the Internet under their respective brand names. Echo will immediately seek to negotiate music licenses from major and independent record labels, according to the company's chief executive, Dan Hart.

    The consortium represents an effort to answer the explosion of music piracy through Internet file-sharing services and compact-disc copying that retailers and music companies blame for an estimated 9% drop in CD sales last year. Retailers also are seeing competition from the major recording companies that release most popular music, which have formed separate ventures, MusicNet and pressplay, for downloading music.

    In forming their own consortium from scratch, the retailers are effectively betting that they can get better terms by collectively licensing music from recording companies, rather than cutting deals individually with the labels. Executives involved with Echo, which is majority-owned by the retailers, said they hoped to have more control over their relationship with consumers than they would by obtaining music through MusicNet or pressplay.

    "It's clear that retail stores are threatened by digital distribution," says P.J. McNealy, a digital-media analyst at research firm Gartner Inc. The thinking behind the consortium "may be there's strength in numbers."

    It isn't clear whether Echo can begin to remedy the retailers' troubles, though. Wherehouse, for instance, filed for Chapter 11 bankruptcy protection last week, while Best Buy has said it will close more than 100 of its Musicland stores.

    Echo will need to license music from the recording companies, a process likely to take months. Once they begin offering music to consumers for a fee, Echo must still compete against free Internet services like KaZaA and Morpheus. Commercial music services on the Internet have been hobbled by spotty song selection and early limits on CD recording, though the services have improved gradually in both regards.

    The industry is littered with startup music services that failed: In fact, Echo's predecessor, Echo Networks Inc., folded early last year, when it decided it couldn't obtain music licenses on favorable enough terms to support a business. Mr. Hart says he believes the new Echo can be more successful by piggybacking on the existing marketing muscle of retailers.

    "The marginal cost of putting digital advertisements in circulars is so much lower than for an independent company that wanted to go out and purchase those partnerships," says Mr. Hart, who declined to say how much the retailers invested in the company.

    In a similar effort, Anderson Merchandisers LP, one of the leading distributors of music and other media, said Friday that it would pay $3.2 million to acquire the assets of software company Liquid Audio Inc., in a bid to help retailers establish downloading services.

    Pushing their own Internet services may not help retailers build more foot-traffic in stores. But Kevin Ertell, senior vice president of Tower Records' online operations, says the store hopes to offer its version of the Echo service through kiosks in retail locations. "I think the in-store experience is going to be really important," Mr. Ertell says.

    Write to Nick Wingfield at <address removed>

    Updated January 27, 2003 12:19 a.m. EST

    --

    Woopty Doo Basil, what does it all mean?!

  84. SOS by nanojath · · Score: 1
    Same old... Here's a couple more not very daring predictions for this worthless press release escapade: The price per song will be excessive, and the selection will be the same old ho-hum (at least what part of said ho-hum they can get their hands on, after companies that are still unable to deal with data transmission as business model or can't or won't find compatibility with their own music download business model).


    "But a proliferation of free music-swapping services, among other factors, has led to a decline in CD sales." Ah, the underwater portion of the iceberg those "other factors" represent. Yeah, like them terrorists, wow they just ruined the music industry!


    Absent the "pirates and terrorists" explanation, record company and retail executives might have to step up to the decades-brewing economic realities of the twenty-first century: an unsustainable percentage of economic growth, in the USA at least (I don't know about other countries) was fueled by insane consumer credit spending (people spending money they didn't have, at an interest rate exceeding the rate of increase of their income, do the math) market value growths that had no basis in legitimate profitability (such as the internet bubble and investment into companies like Worldcom and Enron that were just flat-out lying about their actual profits), and flat-out mismanagement by the insanely overpaid snake oil prophets of the high-flying executive class. Of course what we're going to hear over and over again is how it's all about pirates and terrorists. What's the alternative? Accept responsibility?

    --

    It Is the Nature of Information to Transgress Artificial Boundaries

  85. Why would anyone want to buy digital music? by jocknerd · · Score: 1

    If I had the choice between downloading an album or buying the Cd, I'd buy the CD. I could always make my digital music from the CD plus I'd still have a better sounding option being the CD.

    The record labels still don't get it. Here's what they need to do to be successful:

    1. Open their catalogs. Why should I be limited? They call me a pirate for downloading music, but if its the only way I can listen to something that's no longer in print, how does that make me the pirate?

    2. LOWER YOUR PRICES.

    3. LOWER YOUR PRICES. $18 is way too much to pay for a CD. $10 should be the maximum.

    4. Make singles available again. Most of the crap being promoted today doesn't warrant buying the whole album. I buy albums of those artists I really like. Let me just purchase the singles for songs I like.

    5. LOWER YOUR PRICES. Sell all your CD's for $10. I notice the new releases go for $11.99. Why can't I buy music from the 60's, 70's , 80's, and 90's for the same price?

    6. LOWER YOUR PRICES. You must not realize that you have competition in DVD's. If I've got $20 to burn, I'll probably go for the DVD instead of the CD when they cost about the same.

  86. My Letter to the Editors of the NYTimes by BrianWCarver · · Score: 4, Insightful

    In today's NY Times article "6 Retailers Plan Venture to Sell Music on the Web" Laura M. Holson writes, "a proliferation of free music-swapping services on the Internet has led to a decline in CD sales."

    Ms. Holmes has either succumbed to the incessant propaganda of the big music labels or has an insight into global economic causal relations that would make even Chairman Greenspan envious.

    During the same time period that peer-to-peer file-sharing networks have been active, several other factors have existed that seem as likely or more likely to explain the recent decline in CD sales.

    1. The music industry has consolidated to such an extent that many radio stations sound exactly alike, reducing consumer choice and interest.

    2. The music industry focuses almost all its promotional efforts on a few super-artists who have a chance to sell millions of records (Britney Spears, Christina Aguilera, Boy Bands, etc.) and so non-mainstream or non-teen-pop artists that would interest people over age 25 (with purchasing power) do not get the exposure necessary to attract new fans.

    3. Consumers have more products competing for their limited dollars than ever before. DVDs, wireless phones, digital cable, broadband internet, PDAs and a host of other things soak up time and money that used to be spent listening to music and buying CDs.

    4. The music labels over-charge for their products (and were even recently convicted of illegal price-fixing and they have not offered a reasonably priced alternative to file-sharing networks that does not cripple the downloads in some way (limited playbacks, unable to burn to CD, expires after a set time, etc.) It's not surprising then that when consumers don't get what they want, they don't shell out their hard-earned cash.

    5. There is an overall slowdown in the economy, if no one has noticed.

    In response, consider instead that:

    1. Jupiter Communications did a study in 2000 at the height of Napster usage that showed Napster users bought MORE not FEWER CDs.

    2. Actual artists claim that file-sharing increases their sales.

    I would have hoped that a reporter for The New York Times would be more careful about so casually asigning a single cause to such a complex effect.

    [snip personal info]

    If published, please print name and city/state only.

    --
    Like Digital Freedoms? Then donate to EFF before they're gone.
  87. more info by BigBir3d · · Score: 1

    Echo

    Press release

    They even have some patents that sound like a p2p app.

    Interesting that it is the retailers of music, not the makers of music that are doing this... I guess they are tired of the industry's failure to adapt.

  88. They'll always be clueless! by Newer+Guy · · Score: 2, Insightful

    "we are in the customer relationship business.' If that's so much the case, then how come the only "customers" you mainly market to are under 25 years of age? In case you haven't noticed, the largers demographic group in the world is now the 25-54 group. You know, the one you barely give lip service to, and when you do call us crooks and thieves! Your industry is dying because you're still trying to market the equilavent of the buggy whip in the age of the Spece Shuttle. Plus, you have the arrogance to actually believe that YOU make the music??!! Let me clue you in: artists and musicians make music, and all the blow you do every day doesn't give any of you one shread of musical talent! Q: How many A&R (artist and repertoire, the ones who find and sign bands) persons does it take to change a light bulb? A: I don't know, what do you think?

  89. Yeah, but the reason CD sales have slipped... by sterno · · Score: 3, Insightful

    Kazaa is out there, and sure, a lot of people aren't buying some CD's because they use Kazaa to either:

    a) discover that the CD's suck
    b) get the one song that's actually good and save the money they would have spent

    Kazaa isn't what's cutting into CD sales though. If you look at the stats, the amount of new music being produced by the big record labels is down. Thus, less people are feeling compelled to buy new CD's. Furthermore, any market that existed for people upgrading from tapes, etc, has been thoroughly exploited by now.

    Also, the record industry is undergoing a significant fragmentation because the mass marketing of radio is driving people to find more obscure alternatives amongst local bands and on the Internet. Since the record labels offer no significant alternative on the Internet, they lose a lot of their power to control the market. Instead of having to listen to the 40 most popular songs get played to death I can go find whatever I want and play it as much or little as I want.

    Basically when you get down to it, these record companies are aging dinosaurs who have a business models engineered for an environment that has ceased to exist. Evolve or die.

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:Yeah, but the reason CD sales have slipped... by kraksmoka · · Score: 2, Interesting
      i agree. the labels' dirty practices started seeing light of day over the last ten years. now that they have been completely corporatized, many of the finest acts aren't playing along. pearl jam won't make videos, courtney love, well, when not popping pills, speaks out for a musicians union (would've happened like SAG if they were smart).

      on top of that, the music biz really did stop caring about music, or customers.

      they forgot why we buy music, and it aint the same reason we buy food or pay rent. it is discretionary spending.

      fact is, they could sell ten times as much music by volume for %10 higher revenue than today, and be raking in the cash like the glory years.

      that would be called Mass Production, economics 101 here

      they are making the mistake of trying to maximize unit profit instead of increase revenues with minimal profit.

      in another five years, at this rate, they'll be the book publishing industry.

      i give kudos bertelsmann, sending your golden goose to cashed out cows school. to sony for infighting. to time warner for AIMless wandering in search of synergy, and the rest, u suck too. die quickly so something better will arrive, without the legion of attorneys

      --
      "You never want a serious crisis to go to waste." - Rahm Emanuel
  90. Orbitz.com anyone? by timbck2 · · Score: 2, Interesting

    This sounds an awful lot like Orbitz.com. When Orbitz was announced, there was a lot of FUD about how it was going to be unfair competition and drive all other online travel services out of business.

    Now it's 2 years later, none of that has happened, and Orbitz is just another online travel service.

    I don't think this will be any different.

    --
    Absurdity: A statement or belief manifestly inconsistent with one's own opinion. -- Ambrose Bierce
  91. Record companies == stupid by supabeast! · · Score: 1

    Why is it so hard for them to figure this out:
    1. Record company still produces and promotes artist, and hosts www.bandname.com for the artist.
    2. Record company sells mp3/ogg version of the album on www.bandname.com for $5, cutting out costs of the physical media production, and distribution.

  92. I think it's more like saying that by Scratch-O-Matic · · Score: 1

    US Airways doesn't make airplanes.

    --


    Evil is the money of root.
  93. muffuletta? by Isaac-Lew · · Score: 1
    People can't "pirate" subs, gyros, or muffulettas.

    *thinking* What's a muffuletta?

    (googles it)

    Some sort of sandwichy thing

    mmmm....muffuletta

    Um, what were we talking about again?

  94. Gross, yes. Accurate, no. by PhxBlue · · Score: 1

    There's one crucial difference that makes this comparison totally invalid: the studios make a great deal of their money--most of it, no doubt--at the box office. The recording industry doesn't have any comparable money-making mechanism; so you see all of their costs reflected in the price of the CD.

    Yes, CDs are overpriced. But you can make that statement without involving DVDs--which, despite the physical similarity, operate on a different economic model altogether.

    --
    !#@%*)anks for hanging up the phone, dear.
  95. muffuletta by sirshannon · · Score: 1

    words will do it no justice.

    find one. eat it. love it.

  96. Get your quotes right!!! by Free+Heel+Skier · · Score: 1

    At least if you are going to piss and moan get your quote right.

    Here is your quote from the article:
    '... a proliferation of free music-swapping services on the Internet has led to a decline in CD sales.'

    Here is the REAL quote from the article:
    '... a proliferation of free music-swapping services, among other factors, has led to a decline in CD sales.'

    That makes a difference doesn't it.

    1. Re:Get your quotes right!!! by shepd · · Score: 1

      The quote should be like this:

      '... a proliferation of free music-swapping services... [on the Internet] ...has led to a decline in CD sales.'

      Someone had to give the correct answer. ;-)

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
  97. Re:Gross, yes. Accurate, no. by kraksmoka · · Score: 1
    not true. this year was unusually good for them at the box office, but most of the studio money came from rentals or purchases. this has been true for over a decade.

    second, dvds do cost more money these days. not much anymore, but more none the less. also, they have alot more content, which means more money to make overall.

    third, the recording industry has live performances and tours, and they make their artists pay extra for their own goods. is true.

    fact is, album production costs in the 150k range, involving like 50-60 people approximate the cost of a day or two of movie production.

    cds are a ripoff today. a mass production (distribution) model would work far better, if the assholes at the labels could figure it out.

    --
    "You never want a serious crisis to go to waste." - Rahm Emanuel
  98. Re:Sad? the record companies are liars by Anonymous Coward · · Score: 1, Informative

    IMHO, CD sales are slumping due to many factors:
    1) the economy
    2) record prices increased from $10 to nearly $20 in the past 10 years. most people's salaries sure as hell didn't double. however the last report I read said that CEO salaries went up 4300% in the past decade. that's criminal.
    3) less venues to hear live music. Lounge Axe is gone, and the alderman is trying to close down the Fireside Bowl. DAMN.
    4) less songs on the air -- radio stations are too controlled by playlists that market to certain buying groups. the result is that less artists and less songs get played. also the fact that MTV has more garbage on the air and hardly any music. who the hell cares about a bunch of priviledged kids who drive around in a mobile home or live in some fabulous loft for 6 months.
    5) the death of napster. at napster's height, record sales actually INCREASED. that's because more people were exposed to more music than they would have heard otherwise
    6) college stations are underfunded more than ever (see #1) and are more likely to play music via internet streaming than via the airwaves in the future -- if they're even still funded. too bad internet streaming sounds like underwater music. I'd rather not listen.
    7) record companies stopped selling singles, accounting for an 11% loss in sales. hmmm, isn't that number awfully close to their projected loss?
    8) record labels continue to market britney/christina/shakira/shania/nsync to a population that doesn't give a rat's ass for advertising soundtrack music

    so basically the record companies are making up whatever bullshit stories they can in order to put pressure on congress and the courts. the end result is that the groups who hold power are shooting themselves in the foot -- and preventing younger artists from getting the shot they deserve.

    (just read rolling stone. springsteen the top artist of the year? maybe in the eyes of the cast of the sopranos. cool article on my friend Ted Leo though)

  99. Downloaded vs streaming music... by Anonymous Coward · · Score: 0

    I never buy new recordings...and the used ones I
    buy are pretty obscure, only the stuff they never
    play on the radio.

    Of course, with mith mp3.com and all the
    non-commercial radio stations that are on line,
    there's not much that doesn't get played.

    So, armed with a list of streaming sources,
    a simple randomizer, buffer, dead air detector,
    skip button, one has the ultimate radio.
    Someone build this, PLEASE!

    Essentially there is no difference, in user
    experience, between the above 'application'
    and running a well tuned P2P client with
    play at random from the stored content!
    Well, maybe the 'buffer' is larger, but that's
    about it.

    Sure, with the downloaded stuff, you can hear what
    you want, when you want to, but why? With a decent
    database of sources and broadcast/stream schedules
    the end result is BETTER. You get to hear the
    kind of music you want, but it's got a nice
    built in surprise/random factor. And you've got
    the opportunity to discover something new.

    'Hey, those guys are really good, I'll go see them
    next time they are in the theater'

    With this in mind, I can see that the best
    interest of the record companires would be to
    follow in the footsteps of the movie industry.
    1)Live concerts with lots of promotion attended
    by industry stars and attendent media attention.
    2)Live band tour accompanied by release in 'audio
    theatre' format. Audio theaters would be great!
    Better sound than 99% of the fans have at home,
    and some visual presentation where it adds to the
    experience.

    3)Simultaneous broadcast and media release.
    Broadcast being streaming, over the air, and P2P.
    The quality of which is inferior to purchased
    media. Purchased media price adjusted by hassle
    factor of finding a decent full bit/sample
    rate copy and burning ones own on a fragile
    home recordable medium vs rugged media,
    accompanying literature, nice packaging.

    Isn't this the way the movie companies distribute?
    It works for them.

    -bob

  100. they kill themselves by HelloKitty · · Score: 1

    ... with DRM and with their own pricing strategies.

    was just in virgin the other day, and every CD is $20. I'm not buying CDs as long as they are $20 or higher.

  101. Innovative TV/CD angle by pirula · · Score: 2, Interesting

    The TV show 'Dawsons Creek' has recently launched an innnovative build-you-ouwn-cd site based on the soundtrack of the show. (http://www.dawsonscreekcds.com) You can customize the look, and even pick tracks based on your favorite character. I wonder if this'll take off for other shows or brands. I can just see Pepsi becoming the major distributor of Britney Spears. Discalimer: I am NOT a fan of Dawson or Britney, but the idea of music being sold as a periphreal product of a bigger brand, rather than a brand itself is pretty interesting.

    1. Re:Innovative TV/CD angle by tx_mgm · · Score: 1

      the idea of music being sold as a periphreal product of a bigger brand, rather than a brand itself is pretty interesting.

      this grizzleby's endorsed message has been brought to you by grizzleby's. all opinions and thoughts demonstrated are not nessesarily the opinions of grizzleby's nor that of grizzleby's subsidaries. the grizzleby's logo, slogan and themesong are all exclusive intellectual properties of grizzleby's enterprises and are strictly prohibited from copying or redistributing unless under expressed written consent from grizzleby's. grizzleby's: you'll wish you were having less fun!
      grizzleby's is now located in all 48 continental united states as well as 38 countries around the world. come try our authentic grizzleby's onion bloom or our atomic-radioactive-fireball-suprise hot wings! this grizzleby's disclaimer has been brought to you by grizzleby's: you'll wish you were having less fun!

      now....would you like to hear THAT before, during and after every song you listen to? didnt think so......

      --
      Gentlemen...BEHOLD!
      -Dr. Weird
  102. Online's fault my ass! by akamoe · · Score: 1

    According to Nielsen SoundScan, which tracks album sales, 681 million were sold in 2002, down from 785 million in 2000.

    But if you look here for instance, you'll see that the article starts with "Christmas 2002 may wind up being a season to forget for some of the country's biggest retailers". Times are tough all over. I went shopping at 3 differnt malls on Christmas Eve, and I had no trouble finding parking, and I know that the malls were completely dead before Christmas too.

    Best Buy announced that it would close 107 stores...

    I've got a sneaking suspicion that Best Buy's decision to close 107 stores isn't completely linked to Kazaa et al. Also, I want to know where on Kazaa I can download a new TV, DVD player, and accessories for my new cell phone.

    Also, with regard to Best Buy, how many of the stores that they closed were because they'd bought Future Shop and were duplicating in the same market? IIRC, they're closing a couple of stores in and around Bellingham, WA, since the Future Shop is about 2 blocks from Best Buy.

    -- Ray

  103. Best buy.... closing stores an excuse? by Anonymous Coward · · Score: 0

    > And earlier this month, Best Buy announced that > it would close 107 stores.

    Well don't blame CD sales for that one. Blame the service or lack thereof.

    Best Buy != Best Service.

    Let's see.

    1. Lines can be so backed up at the registers (the few that are open) customers just put the items back and leave.

    2. Finding someone who is willing to help is easy as long as your not at a counter trying to get some precious item that has to be locked up. Never mind the security tags already on most bigger ticket items throughout the store.

    3. Try handing one of the cash register operators a $100 bill. You might get the pleasant suprise that they call the manager over to ask if it is real. Not that they look for counterfeits but they had never seen a $100 bill before.

  104. Proposal by Anonymous Coward · · Score: 0

    Every time someone submits an article with a link to NYTimes, add them to your Enemy list. That way, people will stop submitting NYTimes links! I'm getting sick of dealing with all this 'registration required' crap, even if it is free. What I especially dislike is that the /. editors are going back on their word wrt not linking to sites that require registration.

  105. duping is bad, p2p good by opencity · · Score: 1
    I think the majors have totally missed the point. The ability to dupe disks from a hard drive allows the masses to go three ways on a Sunny Day Real Estate disk, $18 once producing 3 disks. Which drops the price to the consumer to $6 which is a little less than what BMG plays Warner Bros

    p2p actually sells music (but you knew that)

    --
    Physics is like sex: sure, it may give some practical results, but that's not why we do it.
  106. bad focus = bad solutions by tscaulfield · · Score: 1

    Why can't music industry mojos see that jumping on the 'downloadables' bandwagon won't help anything? The problem remains: no unethical person will pay for something that is also available free.

    Maybe one day someone will realize that the only thing the music industry has going for it (unless they begin propagating morality, *hack*) is whatever the internet/burning scene doesn't.

    Namely: appealing tactile products (ie-cd jackets) or whatever else you can come up with

  107. Jazz and Classical by tbpaige · · Score: 1

    Has anyone noticed that this 'decline' mostly follows pop music? Most mp3's bounced back and forth through file sharing progs have woefully incomplete id3 tags. Many people (actual music people, not 'pop' music people) who want, say, a specific (conductor / orchestra / soloist / line-up), isn't going to use a file sharing program, they're going to buy a cd. There's a reason there are half a dozen different recordings of the Vivaldi Recorder Concertos in my local cd store, and a reason I got the one I did.

    File sharing programs don't allow for specifics. Often songs on kazaa won't even be by the band it says they'll be - it will be a cover, or (worse) a 'techno remix'. Not to mention tracking down specific live tracks is relatively impossible. So maybe the concept of marketing music as a 'product' instead of as 'music' has finally come back to haunt 'them'.

  108. The Internet RIAAbillies by doogieh · · Score: 1


    Let me tell you the story of a law named SHERMAN,
    it busted up the oil trusts and kept big business squirmin',
    until one day Bork decided big was good,
    and they stuffed all the courts with lots of right wing hoods.

    Judges, that is.

    Then they decided SHERMAN didn't mean just what it said,
    Instead it only barred big mergers when they didn't cut overhead,
    Suddenly the world was in for such a big consolidation,
    Everything was run by a aolnewssonymicrosoftviacomgetimewarnerturner creation.

    Oligopolies, that is.

    Now these few big companies control all the news we see,
    And the song this post parodies won't be free 'till 2053,
    And AOL's so big it files law briefs against itself,
    And their all so reliant on government that any criticism sits on the shelf.

    Self-censorhip that is.

    So good old Michael Powell is having hearings on these facts,
    And the music companies are working together online to sell some tracks,
    But they won't release their catalogs they say due to piracy,
    Even though all the songs are on Kazaa already now for free.

    Loss of vertical price controls, that is. RIAA losing power. Big trouble.

    So they passed a few NET act laws that put 25 million americans elgible for federal slammer,
    With three year manditory minimums for swapping those songs by MC hammer,
    And with as many consumers labelled criminals as voted for Al Gore,
    Now we know how Bush will lock up the vote in 2004.

    Blackmail that is. Ashcroft to a T. And ya thought florida was bad?

    So remember folks next time you fire up Gnutella,
    The RIAA, the FEDS, and AOL CNN will treat ya like a goodfella,
    And when the public balks at monopolies and infinte copyright,
    They'll just lock up anyone who dares to put up a fight.

    Its the INTERNET RIAABILLIES!

  109. Legal vs illegal downloaded music by dplank · · Score: 1

    One question this story has me asking is how do *they* (the powers that be) plan on distinguishing legal and illegal downloads?

    If the music industry plans on selling music online, and at the same time on prosecuting those who don't download through authorized dealers, how do plan on distinguishing an mp3 file that was illegally downloaded from one that was legally downloaded?

  110. Make them pay for the bandwidth by Camel+Pilot · · Score: 1

    Wasn't there an article recently where a RIAA exec was proclaiming that ISP should be 'taxed' since 'they all know that they are transporting pirated music' across their networks?

    Well than is not the opposite true. That is if they have a business plan that includes the net as a distribution channel than they should have to pay a tax to allow their customers to download their product.

  111. The DMCA may be amended to our advantage by adaknight · · Score: 2, Informative

    The entertainment industry's attempt to lock everything under DRM may be trumped by legislation that has yet to be passed. The bill tries to restore fair use rights to those who legally acquired a work of non-analog art by allowing the circumvention of DRM by the owner of the work. Quite a pleasant shock, I hope this bill (or something very similar) gets passed.

    --
    hrm. then again. maybe not.
  112. Updated story by Anonymous Coward · · Score: 0

    Well, they added a "among other factors" to the statement. Guess it's a small concession.

    Imagine what would have happened if we all had called???

  113. When is the music business... by Anonymous Coward · · Score: 0

    ...going to come to the same conclusion that consumers have. Mainstream music mostly sucks and paying $18.99 for a CD that sucks is way too expensive. If the major labels would lower CD prices, AND stop spending too much money on a few crappy mainstream hopefuls so they can spread more money amongst fresh and new acts, then CD sales will rise again. Adding in bonuses to the CD packaging is cool, too, but doesn't address the main problem.

  114. General CD Rights Issues by Anonymous Coward · · Score: 0

    When I first bought a CD player, the entire available collection consisted of 12 CDs. At that time the price of a CD was $15.99 and a vinyl record was around $5.99. The CD premium was supposedly due to expensive CD pressing equipment. I was willing to pay this. Now about 20 years later, we actually see CD's increasing in price, some as high as 18.99 or more. This in spite of the fact that an individual can buy a blank CD for about 10 cents.

    Somehow a 16000% markup no longer seems acceptable when alternative means exist to circumvent this. What the recording industry needs to do is keep prices in-line with costs and when costs go down, pass those on. If a CD retails for $6.00, somehow I believe there would be far fewer people cloning. Probably a few will still do so, but the numbers would be similar to to people making cassettes. Of course lowering price, would cut out a lot of the RIAA types that see themselves as adding in value. There is nothing wrong with stealing from those who try to steal from you -- the playing field has been leveled with 10 cent blank CDs.

  115. Rock and a Hard Place by tmortn · · Score: 2, Informative

    CD's suck... 15-20 bucks for 1 or 2 highly promoted tracks you hear ad-neauseum on the radio. The other tracks are generally dreck and its hard to find the un-promoted gems becasue you cannot easily preview tracks not widely played. IE my idea of sampling music is not sitting at a store wearing indestructo crappy unadjustable sound headphones with a line behind me... or worse yet standing in line waiting. I much preffer kicked back at home or driving in my car with my sound system on my time.

    The RIAA quite simply has got to find another buisness paradigm, one not predicated on a measure of physcial control over distributed media. Digital material simply does not work by the same rules as more physical based mediums and that is a good thing. Digital is the reality just the same as 8 track beat the Record, Cassette beat 8 track and CD beat cassete. Fluid digital will beat restricted CD digital. Remember capatilisim is a consumer driven marketplace thus one way or another the consumer will eventually win.

    --
    I don't ask you to be me. I only ask you not expect me to be you.
  116. That is exactly what the issue is by fishdan · · Score: 1

    That's the real issue -- the RIAA fears you discovering music that they aren't pushing. They want to control what you are listening too. Honestly, the RIAA doesn't care about you're illegal copy of the White Album...they want to make sure that you don't discover a great unsigned band who has songs out on some p2p. The RIAA fears you finding these bands, telling your friends, and all of you actually buying an mp3 or two from the band's site for a few bucks. Let's face it...we all know that someday great bands will entirely control the distribution of their music digitally, and there will be no true "labels" any more. The RIAA is just postponing that as long as they can...They don't care (so much) about the illegal music swapping. They want to completely stop the legal music swapping.

    --
    Nothing great was ever achieved without enthusiasm
  117. Why do people DDOS RIAA.org? by panaceaa · · Score: 1

    Maybe I'm a bit off-topic, but why do people DDOS RIAA.org? Hacking it is all good, but who actually needs to go to RIAA.org? What's the point in having it down?

    I think people would be better off DOSing warner.com, columbia.com, sonymusic.com, emi.com, etc. By attacking the RIAA, it's showing the record labels they really can hide behind a nameless entity. Show them that what they spend money on to limit freedom really does come back to haunt them personally, and news stories will start focusing more on RIAA members and not a meaningless acronym.

  118. At The Trial... by davydd · · Score: 5, Funny

    Lawyer for the prosecution: We realize, your honour, that the defendent's illegal file sharing totalled only $1,206.59, but we intend to prove that this is, in fact, equivalent to $2,892.61 in price-fixed-- ahem, value-added RIAA products, and therefore request the greater sentence....

  119. Nothing new here... by Anonymous Coward · · Score: 0

    Just "starting to create bands" like that? Label-developed and hyped groups have been with us since the 50's (Phil Spector made a buch famous), were HUGE in the '60s and 70's (remember The Monkeys? How about Boston?), and even inflicted the 80's Punk movement (Suicidal Tendancies, anyone?). As far as I can tell, every label made a trip to Seattle in the 90's and rounded up a bunch of guys hanging out in coffeeshops and handed them guitars. No generation or music genre has been free from label-developed/hyped bands - it's only human nature to believe that the music we have now is in someway special (worse, more corporate, etc.)

  120. This goes out to the music industry ... by Anonymous Coward · · Score: 0

    ... and I know they will be reading this ....

    No DRM, plain old mp3 or ogg encoded at a good bitrate 128kbps is OK, but 256kbps would be better with ID tags filled in and all that jazz at a good price .... $0.75 per song tops, fast server, and I'LL BUY ... and I bet most people would. I wont steal it, but I expect to be able to transfer it to my laptop or new computer and I wanna be able to use it in my car CD player and IPOD too.

    If you put crap DRM in it, I guess I'll have to get a rip from kaza as a backup copy to protect my fair use right anyway ... so please save everyone the trouble.

    Oh ... and the number of songs I buy increases exponentially as the price per song decreases linearly .... you know ... all those supply demand curve the marketing types love.

    Its that easy. Welcome to the 90's.

  121. misquote by geekee · · Score: 1

    Troll. The actual quote included the phrase "among other factors", which you went out of your way to remove from the middle of the sentence.

    --
    Vote for Pedro
  122. HELLO- of course search and burn decreases sales by Beatlebum · · Score: 2, Interesting

    "Sad to see the article's author flat-out claim that '... a proliferation of free music-swapping services on the Internet has led to a decline in CD sales.'"

    What color is the sky on your planet? Do you honestly think the average Joe gives a monkey's chuff about copyright? Hell, I've paid for Abbey Road 5 times. The RIAA owes me and I'll continue to go P2P lootin. It's payback time motherfuckers.

  123. could be more by buddydawgofdavis · · Score: 0

    This could be more than just music...it could be an on-line experience! Games, contests, chats with your favorite artists as well as downloads. Images and sounds never before experienced here.

    Great opportunites for musicians and web artists can benefit everyone. yeah! Go Echo!

  124. They still don't get it. by SCHecklerX · · Score: 1
    I don't want to download a compressed file, not knowing what the quality/compression ratio may be. The proper way to do this is to reduce the prices of CD's, or perhaps put much more music on DVD's, or burn your own mix at the store to take home, etc.

    As it is now, I simply buy most of my music used for ~$7/CD. Likewise I sell stuff I am no longer interested in. Everything is then encoded as I please.

  125. Me. by zorander · · Score: 1

    On average I spend $14.99 a month on online music (emusic.com--great if you're not into pop). I also probably spend about $30 on CDs (2 cds or so) and maybe buy a DVD.

    now, on emusic I can download whatever I want (so long as it's available...lots is and lots isn't)--as much as I can fit through my (modest) pipe each month. I can sit down, Queue up a few hundred songs for download and have them by morning.

    this is what we need...just with better selection. I'd pay $25 a month for that easily--if it meant I didn't have to buy CDs cause I could just get the stuff and burn it myself. I'd probably still buy a CD from time to time anyways.

    They are too concentrated on gouging the user to think of something that simple.

    Brian