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Apple Sells Two Million Songs in 16 Days

burgburgburg writes "According to Apple's latest press release, iTunes Music Store has sold over two million songs in the 16 days that it has been open. Quick calculations show this is around 1.44 songs per second. And as was the case last week, over half of the songs purchased so far were purchased as albums. Over 4,300 songs were added to the system yesterday, including older catalog stuff (Doors, John Coltrane, Charles Mingus), new albums (Cold, Lizz Wright, and Yeah, Yeah, Yeahs), prerelease tracks (Michelle Branch, Da Brat, Jesse Harris and Kenna) and more."

175 comments

  1. What surprises me, given their user base by immanis · · Score: 4, Insightful

    Is that there is no mechanism for indie bands and labels to get a piece of this action. This is a neat service, but it really only helps the big guys, while Apple has always been about the littleguy.

    1. Re:What surprises me, given their user base by jlgolson · · Score: 5, Informative

      Steve Jobs said that the most important thing in the beginning was to get the big 5 record labels on board. Once they did that, and got the thing up and running, they could start courting the indy labels. According to a interview with Time Magazine the indy labels have been calling nonstop since the Music Store started. We'll see indy music soon enough. I can't wait for an extended trance library...

    2. Re:What surprises me, given their user base by Anonymous Coward · · Score: 2, Insightful

      There is a mechanism. You pick up the phone and call the label. The label decides, if they want, to pick up the phone and call Apple. Poof.

      Trout Music (home of Trout Fishing in America) is in the midst of the process right now.

    3. Re:What surprises me, given their user base by qengho · · Score: 1


      there is no mechanism for indie bands and labels to get a piece of this action

      I've been submitting requests for my favorite indies. Use the "Requests & Feedback" link in iTunes. Horseflies, anyone?

    4. Re:What surprises me, given their user base by Golias · · Score: 1

      Me too. I will not stop nagging them until "Life In The Foodchain" by Tonio K. (from the plucky little Gadfly Records) is in the fold.

      --

      Information wants to be anthropomorphized.

    5. Re:What surprises me, given their user base by captainbonehead · · Score: 1

      I always liked Amerika, too ... although the What?Records releases were good almost-mainstream albums.

    6. Re:What surprises me, given their user base by Anonymous Coward · · Score: 0

      Is that in Troutrun, PA, home of the infamous TopJimmy?

    7. Re:What surprises me, given their user base by VoyagerRadio · · Score: 1

      Let's hear it for some Townes Van Zandt! If you don't know Townes, then listen to the soundtrack for The Big Lebowski. The opening and closing song, Dead Flowers, is by Townes Van Zandt. Lovely stuff, and independent, I believe. I'd love to see artists like Townes in Apple's new service.

      --
      Harold
    8. Re:What surprises me, given their user base by xylafon · · Score: 4, Insightful

      Trance is gonna suck, as is most dance music. Who wants all their dj mix cds to be one file?? Or worse, have a gap between each track. Apple, oh Apple, WHY won't you address the issue of seamless (but still tracked) music?? if MP3/AAC can't handle it, then you should be supporting OGG or something that can. And the iPod can't even play a trance cd ripped as one track without stopping halfway through. Why the hell can't it read in more data while playing what is currently in memory?? Grrr!!!

    9. Re:What surprises me, given their user base by nate+nice · · Score: 1

      How about uor of print things? It seems viable to have this out of print content put up as MP3's, ya know. It wont really cost any more. I listen to a lot of old post punk, art punk etc, from various places and it's hard to obtain a lot of this stuff....if they could catalogue these hard to find songs, that would be great.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    10. Re:What surprises me, given their user base by Golias · · Score: 1

      Gadfly is now distributing his entire catalog, including the What? stuff he did in the 90's. You can go to www.gadflyrecords.com and see for yourself. :)

      --

      Information wants to be anthropomorphized.

    11. Re:What surprises me, given their user base by questamor · · Score: 1

      Absolutely. Part of the problem with a distributor releasing out of print works, especially the more obscure kind, is that they could have a decent production run of a few tens of thousands of discs, then be unable to sell them in short order; essentially meaning for a good library of such stuff, the backlog needs to be stored somewhere, and could be sitting about for years before all is sold.

      With an online digital-only store, that's irrelevant. A huge obscure catalogue could take up a few dozen gig of storage space.

    12. Re:What surprises me, given their user base by PotPieMan · · Score: 3, Informative

      Or worse, have a gap between each track. Apple, oh Apple, WHY won't you address the issue of seamless (but still tracked) music?? if MP3/AAC can't handle it, then you should be supporting OGG or something that can.

      Uhh, all the albums I play in XMMS are without gaps in between tracks (other than those on the CD) thanks to the XMMS Crossfade Plugin. There's nothing intrinsic to the MP3 format that causes the gaps. To do this on the iPod, Apple would have to transfer the next song into the 32- or 64-MB buffer and tell the hardware to immediately beging decoding the next file once the first one is done. They're already buffering the next song, but my guess is that the decoding hardware cannot handle song changes fast enough.

      The issue has been brought up many times on the Apple discussion forums, but I've never really seen a good response on the issue.

      And the iPod can't even play a trance cd ripped as one track without stopping halfway through. Why the hell can't it read in more data while playing what is currently in memory?? Grrr!!!

      This seems to be an issue with Apple's caching algorithm. They apparently assume that people will be playing smaller tracks as opposed to larger ones that do not fit in the buffer. When you are halfway through an album, the iPod flips out because the buffer is empty and it didn't know to continue reading the file from disk. The pause results from the iPod needing to go back to disk. This may be less of an issue on the new iPods with the 64-MB buffer, especially if the album is less than 64 MB.

      I don't know why they haven't fixed these problems; they seem relatively simple on the surface.

  2. I thaught it was by Loosewire · · Score: 0

    2 million songs in 2 days?

    --
    Slashdot - The one stop shop for procrastination
    1. Re:I thaught it was by feldsteins · · Score: 1

      I heard "about 200,000 in the first 18 hours" or something like that. Then "1 million in the first week." Now "2 million in the first 14 days." I suspect all three are pretty right on.

      --
      You like your Macintosh better than me, don't you Dave? Dave? Can you hear me Dave?
  3. Apple Records must be pissed by Anonymous Coward · · Score: 5, Funny

    Sosumi

  4. Europeans know how to use it for Illegal by Gizzmonic · · Score: 5, Interesting

    I hear that some euros have put together a method for using the iTunes store already. This tomfoolery, along with comments from Sony Music that they don't want Windows users to have the same freedom as Apple users do now, makes me think that the RIAA is already getting cold feet, despite the money.

    Europeans are too smart, and the RIAA is getting nervous because they don't have control over all those Montenegrins, Serbians, and Andorrans.

    When all those German techno records starting moving to the top of the store, Steve Jobs new there was a problem. He put on his best black turtleneck and headed for the server room, but when he looked in the mirror, he realized that he was Dietre from Sprockets.

    Man! That was a weird dream!

    --
    (-1, Raw and Uncut is the only way to read)
  5. They don't have to buy Universal... by Glass+of+Water · · Score: 3, Insightful
    Because soon they will BE Universal.

    Seriously, it would be cool if they got big enough as a content reseller to influence the DRM debate in favor of common sense.

    --
    There are no trolls. There are no trees out here.
    1. Re:They don't have to buy Universal... by Loosewire · · Score: 1

      when they get that merge and get that big common sense is dumped along with a whole load of workers :(

      --
      Slashdot - The one stop shop for procrastination
    2. Re:They don't have to buy Universal... by moosesocks · · Score: 4, Insightful

      Which would probably be bad. If apple owns a share in any of these labels, others may be reluctant to allow their songs to be sold through the service.

      Apple is dependent upon the whole music industry cooperating with them.

      --
      -- If you try to fail and succeed, which have you done? - Uli's moose
    3. Re:They don't have to buy Universal... by dbrutus · · Score: 1

      It's amazing, really that they've managed to make the Apple Records restrictions actually work for them. The industry knows that if Apple ever tries to compete with them the ghost of the Beatles (Apple Records) will rise up and beat Apple down so Apple uniquely becomes a large enough player who *can* partner without being able to be an actual threat.

      Legal jujitsu!
      I like it.

  6. Trollilicious! by ArmorFiend · · Score: 4, Funny

    Last night by 7pm I'd delivered 2 pizzas! By 9 pm it was already up to 11 pizzas! Where's my slashdot story?

    1. Re:Trollilicious! by feldsteins · · Score: 1

      Bring me a pizza and I'll submit one for ya. Pepperoni and black olive please.

      --
      You like your Macintosh better than me, don't you Dave? Dave? Can you hear me Dave?
    2. Re:Trollilicious! by Tumbleweed · · Score: 2, Funny

      > Pepperoni and black olive please.

      Freak!

      How dare you despoil the sacred Pepperoni with the dastardly Black Olive!

      The holy trinity of pizza are thus: Pepperoni, Italian Sausage, and Green Bell Pepper.

      Oh yeah - NOBODY expects the Pizza Inquisition!

    3. Re:Trollilicious! by nycroft · · Score: 1

      Too many trans-fatty compounds in the cheese, I'll wager. If you cruise iTunes, I'm sure there's a song about pizza delivery in there somewhere.

      --
      Mr. Bond, they have a saying in Chicago: Once is happenstance. Twice is coincidence. The third time is enemy action.
    4. Re:Trollilicious! by Anonymous Coward · · Score: 0

      Don't go starting a pizza holy-war... everyone knows the perfect topping combo is chicken, hot banana peppers, and pineapple. If you havn't tried this, you havn't had good pizza.

    5. Re:Trollilicious! by Tumbleweed · · Score: 2, Funny

      Ahh! AHH! Pizza Jihad! There's an pizza infidel on Slashdot!

      Our main weapon is fear.

      And surprise.

      Our TWO main weapons are fear and surprise.

      And ruthless efficiency.

      Our THREE main weapons are fear, surprise, and ruthless efficiency.

      NOOOOObody expects the Pizza Inquisition!

    6. Re:Trollilicious! by TheRaven64 · · Score: 1

      No! Do not despoil /. with evil proprietary pizzas! Everyone knows that the ANSI standard pizza specifies pepperoni and mushroom. All other pizzas are tools of Microsoft/the *IAA/other generic evil people.

      --
      I am TheRaven on Soylent News
  7. A ways to go with even the "mainstream" alt music by Golias · · Score: 4, Interesting
    Still no sign of "Hit Somebody (The Hockey Song)" by Warren Zevon.

    Also, they still only have part of the Cibo Matto album "Viva! La Woman," and have only two albums from They Might Be Giants.

    But it is getting there. I'm very pleased I was able to download Cake's "Short Skirt/Long Jacket" without paying for the rest of the album, which frankly sounds exactly the same as their last three albums, only without the novelty of being fresh and new.

    Once the Apple catches up stocking the stuff I just mentioned, then maybe they will move on to the more obscure bands and indie labels.

    --

    Information wants to be anthropomorphized.

  8. I guess this will kill kazaa by anthony_dipierro · · Score: 4, Insightful

    Since the people downloading mp3s are only doing it for the convenience, not to save money.

    1. Re:I guess this will kill kazaa by Golias · · Score: 1

      My kingdom for a mod point! That was a (+1, Funny) post if ever I saw one.

      --

      Information wants to be anthropomorphized.

    2. Re:I guess this will kill kazaa by sweetooth · · Score: 1

      This would be a relevant comment if iTunes for Windows was available. Until then you are only seeing Mac users buying music. As there isn't a version of kazaa for the mac.

    3. Re:I guess this will kill kazaa by Anonymous Coward · · Score: 2, Interesting

      Heh. I like the way you morphed "steal stuff" into "save money" to make this little wisecrack.

      Yes, it is cheaper to steal than to buy. No, this is not particularly insightful, nor even especially interesting. No, you are not smart for pointing this out.

    4. Re:I guess this will kill kazaa by anthony_dipierro · · Score: 2, Interesting

      I like how you morphed "commit copyright infringement" into "steal stuff."

    5. Re:I guess this will kill kazaa by anthony_dipierro · · Score: 4, Funny

      Good point. I should have said "napster" instead of "kazaa."

    6. Re:I guess this will kill kazaa by skinfitz · · Score: 2, Funny

      Everybody knows Mac users have more money than PC users.

    7. Re:I guess this will kill kazaa by Anonymous Coward · · Score: 2, Insightful

      Oh, boy. Not THIS again. This horse has been well and truly beaten already.

      However, for the record and because I can't pass up a challenge: the crime known as "copyright infringement" is a special class of the general activity known as "theft."

      theft: the act or instance of stealing

      steal: to take without right or permission

      take: to get into one's possession

      All definitions come from dictionary.com.

      Is copyright infringement "theft" in the sense defined in the criminal statutes? No. But neither is embezzlement, fraud, or shoplifting. All of these things, including copyright infringement, are types of theft by the colloquial definition.

      So when you "commit copyright infringement," you are actually "stealing stuff."

      Got it?

    8. Re:I guess this will kill kazaa by jellomizer · · Score: 4, Insightful

      Everybody knows Mac users have more money than PC users.
      Eather that or Mac users are more willing to pay for stuff. I think Mac users who realize that they are in the minority actually pay for stuff that they find as a value. There is probably a sience of obglation to pay for stuff so they can keep their favorate platform and have it supported. As long as Apple Computers and the supporting software is profitable then they will still make products and software and impove opon them, If it isn't profitible then they wouldnt be supporing the idea. That is why I will pay for Red Hat or Susa CD's not the fact I want to wast my cash. But to help keep selling Linux Distributions profitible for the companies. And the companies will invest their resources into linux.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    9. Re:I guess this will kill kazaa by Anonymous Coward · · Score: 0

      Why did you steal those definitions from bartleby.com?

    10. Re:I guess this will kill kazaa by Spock+the+Baptist · · Score: 1

      1 a : the act of stealing; specifically : the felonious taking and removing of personal property **with intent to deprive the rightful owner of it** --www.m-w.com

      "He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation."

      Thomas Jefferson, in Writings of Thomas Jefferson, vol. 6, H.A. Washington, Ed.,1854, pp. 180-181.

      --
      "Oh drat these computers, they're so naughty and so complex, I could pinch them." --Marvin the Martian
    11. Re:I guess this will kill kazaa by Anonymous Coward · · Score: 0

      1. Yes, you can scour dictionaries until you find one that suits your agenda. That's not the point. The point is that "theft" has a specific legal meaning and a broader colloquial meaning. Your dictionary's definition describes the specific legal meaning. Chances are the broader one is covered in another definition. My dictionary did it (sensibly enough) the other way around.

      2. Jefferson was speaking of notions, not entire works. Copyright does not protect notions or abstract ideas. It protects only specific expressions of those ideas.

    12. Re:I guess this will kill kazaa by Spock+the+Baptist · · Score: 1



      You sir, are totally incorrect in the above statement. I now present you with a fuller posting of text of the letter from which I drew the quote.

      Thomas Jefferson to Isaac McPherson

      13 Aug. 1813Writings 13:333--35

      It has been pretended by some, (and in England especially,) that inventors have a natural and exclusive right to their inventions, and not merely for their own lives, but inheritable to their heirs. But while it is a moot question whether the origin of any kind of property is derived from nature at all, it would be singular to admit a natural and even an hereditary right to inventors. It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance. By an universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common, is the property for the moment of him who occupies it, but when he relinquishes the occupation, the property goes with it. Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody. Accordingly, it is a fact, as far as I am informed, that England was, until we copied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices.

      Considering the exclusive right to invention as given not of natural right, but for the benefit of society, I know well the difficulty of drawing a line between the things which are worth to the public the embarrassment of an exclusive patent, and those which are not. As a member of the patent board for several years, while the law authorized a board to grant or refuse patents, I saw with what slow progress a system of general rules could be matured.

      --
      "Oh drat these computers, they're so naughty and so complex, I could pinch them." --Marvin the Martian
    13. Re:I guess this will kill kazaa by isorox · · Score: 1

      Not until its available arround the world on every platform

    14. Re:I guess this will kill kazaa by Anonymous Coward · · Score: 0

      So now we're talking about inventions. Fine.

      Dude, there is a big difference between what Jefferson was talking about (abstract ideas and inventions) and what copyright protects. You dig?

    15. Re:I guess this will kill kazaa by dbrutus · · Score: 1

      Intellectual property is separated out from other property because it is not owned by right but by government privilege. This is why there is a copyright and patent clause in the US Constitution that is distinct from the right to own property. Unauthorized copying may or may not be in violation of the govt. granted privilige and only when it is in violation of such privilege is copying theft. By a 7-2 margin, the current US supreme court voted recently that the Congress has virtual carte blanche to set such times and terms for the govt. privilege. I can assure you that the vote would not have worked out that way if intellectual property would have been of a same kind as real property.

      I view a significant portion of violation of the copyright privilege as acts of civil disobedience in political protest against the current terms of the copyright privilege. You can call this theft much as the lunch counter protests were called trespassers in their rap sheets among other things.

      You should be aware that not taking into account that it's *also* civil disobedience means you're taking a political stand and the company you're keeping is not one that I would be very happy with. Advocates of hacking for revenge like the RIAA and whores who want everybody else's IP but nobody can have theirs like Disney disgust me and make me nervous when I agree with them. They should make you nervous too if you have a pinch of moral sense.

    16. Re:I guess this will kill kazaa by Anonymous Coward · · Score: 0

      Intellectual property is separated out from other property because it is not owned by right but by government privilege.

      Boy, do you ever have THAT backwards. The government has no right to grant ownership of anything. The government merely acknowledges ownership.

      See, here's how copyright works. All authors have permanent, implicit, exclusive natural rights over their creations. That's obvious. It's the Henny Penny story: you baked the bread, so you get to decide who can eat the bread.

      The government acknowledges this, and offers legal protection to these natural rights.

      The government also acknowledges that society benefits when works are owned by no one. So after a period of time, the government seizes works from their authors (or the authors' delegates) and places them in this notional thing we call the "public domain," which really means the works can no longer be owned by anybody.

      This is why there is a copyright and patent clause in the US Constitution that is distinct from the right to own property.

      The copyright clause in the Constitution refers only to "science and the useful arts." It says nothing about the "fine" (for lack of a better word) arts. So Title 17, which protects copyrights on all works, both purely artistic and otherwise, is not strictly speaking based on the Constitution.

      Unauthorized copying may or may not be in violation of the govt. granted privilige and only when it is in violation of such privilege is copying theft.

      Actually, copying without authorization is theft by definition. Theft simply means to take without permission. If I'm the author and I do not grant you permission and you take a copy anyway, you have stolen it. Legally, the definition of "theft" gets a lot more specific, and so we refer to the crime of stealing by copying as "copyright infringement" instead. But don't be mislead by the anti-property Slashbots who would have you think that copyright infringement isn't theft. It most certainly is.

      I view a significant portion of violation of the copyright privilege as acts of civil disobedience in political protest against the current terms of the copyright privilege.

      Oh, that's just bullshit. Implicit in the idea of civil disobedience--and this goes back to Gandhi, Thoreau, MLK, all the big leaders who held the idea--is the notion of personal risk. When Gandhi marched to the sea to make salt, he knew that the British could throw him in jail for his action. Yet he did it publicly and openly, drawing a great deal of attention to himself and his cause.

      Downloading the latest Britney Spears CD off the Kazaa or whatever in the privacy of your own home is not an act of civil disobedience. It's an act of shameful petty theft.

      You can call this theft much as the lunch counter protests were called trespassers in their rap sheets among other things.

      "No rich young white kid has ever gotten anywhere with me comparing himself to Rosa Parks." (Bonus points if you can identify where that quote comes from.)

      Advocates of hacking for revenge like the RIAA and whores who want everybody else's IP but nobody can have theirs like Disney disgust me and make me nervous when I agree with them.

      Like the other Slashbots (I have reached the tentative conclusion that you are one, yourself) you are painting with too broad a brush. The bottom line is that you really don't know what you're talking about on this one. You read a newspaper article, or worse a Slashdot article, or WORSE a Lessig interview (god, what a loon that guy is) and decided that you know all about the evils of intellectual property and the big, bad corporations.

      Wake up, Sparky. The world is more complicated and interesting than you realize.

    17. Re:I guess this will kill kazaa by dbrutus · · Score: 1

      You claim that authors have permanent rights over their creations. That is nonsense and worse. Permanent rights over intellectual creations have *never* been a part of US law and haven't been a part of most any other law system I'm familiar with for quite some time. Permanent monopolies lead to bad, bad things and most sensible governments have retreated from any pretensions that IP is permanent.

      You state that works are seized by the government and placed into the public domain. But the US govt. cannot seize any property without just compensation. I challenge you to find any such compensation *ever* given to copyright holders or their heirs. Since the original term of copyright was for 14 years, I believe, there certainly would have been cases where the authorinventor would be alive and have lost economic benefit by his loss of property. I could just imagine the checks to Thomas Edison and Samuel Clemens!

      But even ignoring the entire idiocy about the public domain being a creation of government, there's the entire concept of fair use. Fair use rights exist and there, again, is no compensation given. By what right does the government allow copying without compensation in some circumstances and require compensation in others? That's certainly not fair if the government's picking and choosing who is more worthy to pay for the use of an IP holder's property. But it's not doing that but refusing to extend a privilege to restrict copying to academics, students, and other classes of people. You can grant and restrict privileges willy nilly if you have a majority behind you but recognizing and not recognizing rights? The precedent would be positively terrifying in a precedent based legal tradition like the common law tradition (which the US has always subscribed to).

      You then make a silly distinction between the useful arts and the fine arts. Newsflash, you don't understand 18th century english any more than you understand the history of copyright, patent and US law. Fine art *is* useful art. Furthermore, if Title 17 is not based on the Constitution as you claim then it is *invalid* and cannot be enforced. Obviously it is not invalid and it *is* based on the Constitution which is the supreme law of the land.

      You state that copying without authorization is theft because it is taking something from the author. Pray tell, what has been taken? I borrow a book from a library, copy a chapter in the book at a xerox machine and return the book. What has the author lost? Nothing. If I did not return the book it would be theft but copying? Copyright and patent violations are much more defensible as what they are, grants of legal privilege in order to advance the arts and sciences.

      You deny ignoring bad law is civil disobedience if you don't do it in front of a cop and for all the world to see. Fine, call it an act of private rebellion, a big middle finger to the powers that be, whatever. Since you can't seem to figure out the history or actual legal theory of IP law, I'm not going to bother on this one.

      As for dismissing Lawrence Lessig as a loon, he actually is actually a widely respected legal scholar, law professor, former SC clerk, and and prosecuted Eldred v Ashcroft which, though lost, did garner the votes of two justices who agreed with his theories. Loons generally don't get 4 SC judges to agree that their pet cause is worth being heard in the SC (Cooley rule) and are even less likely to get 2 justices to agree with them.

    18. Re:I guess this will kill kazaa by Anonymous Coward · · Score: 0

      Permanent rights over intellectual creations have *never* been a part of US law and haven't been a part of most any other law system I'm familiar with for quite some time.

      You need to go back before 1710. Before the first seizure laws were adopted in England, the implicit rights of the creator were perpetual. This tradition goes back literally tens of thousands of years. You'll find it in every culture from the Renaissance European to the Roman to the Chinese to the Australia aborigines.

      You state that works are seized by the government and placed into the public domain. But the US govt. cannot seize any property without just compensation.

      Exactly. Which is a whole other kettle of fish altogether.

      By what right does the government allow copying without compensation in some circumstances and require compensation in others?

      You have that backwards. The government does not allow anything. The government merely abstains from providing statutory protection to authors' rights. It's based on the idea that society benefits when the populace is free to use works for criticism and comment and education and whatnot. This is certainly true. But it must never be forgotten that the "public domain" seizure and, yes, even the notion of fair use takes rights AWAY from authors. Authors generally cooperate with this system willingly because they understand as well as anybody the good that comes from providing reasonable access to works. But don't be mislead into thinking that property rights are somehow artificial as a consequence. Nothing could be further from the truth.

      You state that copying without authorization is theft because it is taking something from the author. Pray tell, what has been taken?

      Sigh. There are many people on Slashdot--oddly, nowhere else in the world, it seems; just here--who are either woefully mislead or willfully ignorant of the truth.

      When you TAKE something from someone, the thing that was TAKEN is the thing that you TOOK. Does that make sense? Imagine the act of copying as a room. You walk into the room empty-handed. You walk out with a copy of a work. What was taken? The copy, of course!

      I borrow a book from a library, copy a chapter in the book at a xerox machine and return the book. What has the author lost?

      Exclusivity. Self-determination. The opportunity to give you a copy of the work by mutual agreement.

      Consider this wildly melodramatic analogy. What if I rape you. Assume, for sake of argument, that I do you no actual physical harm, but merely force you to have sex with me. How were you hurt? You lost your self-determination. You lost your right to choose who does and who does not get to have sex with you. These things are recognized by the law. So too are the rights of authors.

      Copyright and patent violations are much more defensible as what they are, grants of legal privilege in order to advance the arts and sciences.

      You're thinking of patents, not copyrights. The Constitutional mandate calls for limited monopolies to advance science and the useful arts. This obviously refers to patents. Copyrights, which cover works of "fine" (for lack of a better term) art rather than useful art, are not mandated by the Constitution. They are the result of what political scientists call an "assumed power."

      Fine, call it an act of private rebellion

      No... remember, it's only meaningful if others know about it. If you do it in the privacy of your own home, it has no effect on anyone, and therefore serves no purpose above and beyond the purposes of the crime itself. It's not "private rebellion." It's petty (or not so petty, depending on the scope) theft.

      Since you can't seem to figure out the history or actual legal theory of IP law, I'm not going to bother on this one.

      I would suggest that you are the one whose understanding is lacking, since it is evidently you who is unaware of history before 1710, and ignorant

    19. Re:I guess this will kill kazaa by dbrutus · · Score: 1

      Yes, the perpetual rights of archimedes to the screw seemed to have held up, right? Not! Nobody copied the pythagorean theorem either without compensating good old Pythagoras. I don't think so.

      By not coming up with modern examples and pushing things back before 1710, you essentially concede that settled law for the entire period the US has been a country is essentially my position.

      You're an AC crank. I leave your further errors on the subject to somebody who is a history pedant. Try this argument on the Capitol historian sometime and be prepared for chapter and verse on exactly how wrong you are.

      I'll bother to refute one thing though, your mistaken idea on civil disobedience. Ghandi, MLK and the rest created a style of civil disobedience. Nobody stamped that style and said it was the only one available (well, except you). I point to one campaign done in the style I outlined above that has succeeded to change the law, the campaign against the 55mph limit.

      The winning force wasn't merely the few people who explicitly made repeal part of their political message. The reason they were doing so was that there is a rule of law consensus in this country and they viewed that consensus being eroded by the massive resistance to the law and the police participation in that conspiracy (not creating sweeps to ticket all cars going over 55, they could have).

      The legislature will continue to make harsher and harsher laws against copying as they are bought by the IP monied interests until the massive resistance is, once again, viewed as fraying the consensus on the rule of law and the law will adjust to the people's will despite massive campaign contributions because people will vote for a faction that promises sanity on the subject and the number of votes available will trump the money received (which is for the purpose of getting those votes anyway).

      You may then, at that point, stand to the side like the double nickel whiners who want a restoration and cry out how could we lose?

  9. I hope they can keep this rate up by icemax · · Score: 0, Redundant

    ...for another year!!

    --


    __________
    Love conquers all... except CANCER
  10. To put this into perspective... by dpete4552 · · Score: 2, Interesting

    Eminem sold seven million full albums in 14 days.

    --
    http://www.archive.org/details/ThePowerOfNightmares
    1. Re:To put this into perspective... by birdman666 · · Score: 1

      Yeah but how many people bought that album for one or two songs?

      --

      Nothing from nowhere I'm no one at all
    2. Re:To put this into perspective... by mikedaisey · · Score: 3, Funny


      Eminem has a slightly larger user base, I suspect.

    3. Re:To put this into perspective... by Arielholic · · Score: 1

      To put this into perspective you should get the apple userbase into account.

    4. Re:To put this into perspective... by CokeBear · · Score: 2, Insightful

      But this is only Mac users, which are (depending on who you believe) between 5 and 15% of the market. Extrapolate that out to where this is released for Windoze, and you see...

      --
      Reality has a liberal bias
    5. Re:To put this into perspective... by stefaanh · · Score: 1

      Well, how many of the seven million Eminem fans who bought the album, own a Macintosh, capable of running iTunes, do have an internet connection and live in the United States?

      --
      --------
      * Sigh *
    6. Re:To put this into perspective... by cappadocius · · Score: 2, Insightful
      Yes. But I suspect that Eminem did not continue to sell that mane records in the next 16 days.

      The important point here really is that sales per average day have not diminished much since last week. 1 million in 7 days, 2 million in 16. This seems to indicate that the initial sales are not just a spike, they will be consistant. Eminem selling 7 million albums was a spike in both his own sales and in the sales of CDs in general.

      --

      omnia tua castra sunt nobis

    7. Re:To put this into perspective... by Anonymous Coward · · Score: 0

      ... and how many of those 1.7 million albums were sold to Mac users in particular?

    8. Re:To put this into perspective... by Anonymous Coward · · Score: 0

      none

    9. Re:To put this into perspective... by Anonymous Coward · · Score: 0

      Well, at least this mac owner has Eminem's new album, so that's one. (Then again, I guess it's a rare homosexual that buys his albums, so I'm unusual in that sense, too.)

    10. Re:To put this into perspective... by rodik · · Score: 1

      Probably because the record counts the sales of the first week after release, i.e. he sold a lot more copies the second week, but that doesn't matter since the record covers first-week sales.

    11. Re:To put this into perspective... by dbrutus · · Score: 1

      That's clueless. You're comparing an artist who distributes via several different distribution chains, has an established reputation, and was no doubt promoted in a major way to a computer company initiating a distribution method that is only available in the US (to US credit card holders anyway), only available to computer users who have an internet connection (48% of the population) and connect via Macintosh (around 4-6% of internet connected computers (macs connect to the internet more often than their market share)) who have Mac OS X capable computers and have upgraded to the recently released iTunes 4.

      That's such a tiny universe of users and they still downloaded 2M songs. When the Windows version of the iTunes store comes out, it'll have 20x the distribution reach. When the iTunes store goes international it'll triple or quadruple again.

      Everybody who understands how big a development this service is also understands what kind of financial impact this is likely to have for Apple. This is why Apple's stock price is jumping through the roof.

    12. Re:To put this into perspective... by angle_slam · · Score: 2, Informative
      Probably because the record counts the sales of the first week after release, i.e. he sold a lot more copies the second week, but that doesn't matter since the record covers first-week sales.

      They count sales every week. Most records don't sell more records its second week than its first week (One by the Beatles being an obvious exception). The simple fact is that no record has ever sold 7 million copies in two weeks. The poster who said so was pulling numbers out of thin air.

    13. Re:To put this into perspective... by AdamD1 · · Score: 1

      I don't think that's clueless.

      The first time more than one artist sold anything close to 1 million copies of anything in a first week of sales was 1998 (NSync and Backstreet Boys both did it.) This was a huge deal at the time. Previous to that it was seen as a big deal if any artist was able to sell something over 500,000 copies of anything inside the first week. This was a very concerted effort by the Zomba label to break that record.

      BTW: all these figures are US-only. Which makes it an even bigger deal, because when one sees those kind of sales numbers, they tend to assume it's worldwide. The fact that it's not represents a very different sales target focus for the record industry.

      We're talking about a hundred-year-old (plus) industry when we talk about the music / record / cd industry. The online purchasing industry is nowhere near as old. So I actually do see that as an important statistic. But that's me. I expect we'll see labels begin pushing for well over 2 million copies of anything sold in the first week once they start factoring in downloaded purchases. (Soundscan monitoring acutal cd purchases *plus* online purchases, etc.)

      ad

      --
      Because I can! [Brainrub.com]
  11. How lossy is lossy? by Dr.+Bent · · Score: 1

    Anyone have any data on the expected signal loss when going from .aac to .mp3 (or .ogg, for that matter). I know, it depends on lots of different variables (mp3 bitrate, original signal, human range of hearing, etc...) but it is even worth it to burn these songs to CD so I can rip them back to MP3? Anyone tried it? How does it sound?

    1. Re:How lossy is lossy? by goombah99 · · Score: 5, Interesting

      I can give you one data point.

      128 bit ACC ->AIFF -> 128bit mp3

      produces 11% RMS distortion of the original waveform. enought to hear.

      on the otherhand
      128 bit ACC -> AIFF -> 128 bit ACC

      produces 6% RMS distortion.

      I have not yet tested higher bit rates for MP3. however I would be surprised if 6% was not an aupper bound. This is not a pyscho acoustic test, merely an RMS test. 6% is quite acceptable for most listeners since a change of speakers or room can produce a simmilar effect. what is not clear is how this affects sounds humans are espically perceptive too such as the crach of symbols or noise in quiet passages.

      Finally I have made an intriguing observation. I compared the AIFF I got off my CD to the ACC-> AIFF I downloaded from iTunes Music store. interestingly, the waveforms are not only different but the Pitch isdifferent. that's right the music plays just slightly (imperceptibly) slower on the iTunes version. I'm not sure why. Are not CD's digital, and if so what could cause the rate of playback to change. (were talking millseonds per second shifts in rate of play). It's also unlcear why the waveform of the ACC I purchased and the one I generated off the CD differed in ways besides pitch. The difference was larger than the difference between MP3 and ACC encoding using itunes. this suggests that the en-codec that apple is using is not the SAME one as the one found in itunes and introduces considerably more distrotion than the one found in itunes.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    2. Re:How lossy is lossy? by MyDixieWrecked · · Score: 1

      I'd assume that this could possibly be caused by a rapid encoder they created specially for this purpose. I'd hate to think how long it took them to encode the entire iTMS library. ...or maybe they're not encoded from the actual distributed CD, but rather files/ recordings from the record label themselves?

      Or this may even be a way of identifying the files as coming from the iTMS in addition to the embeded info in the AAC files.

      i dunno, just talkin' out my ass. =P

      --



      ...spike
      Ewwwwww, coconut...
    3. Re:How lossy is lossy? by Anonymous Coward · · Score: 1, Interesting

      My own totally unsubstantiated theory is that some clever person figured out a way to optimally distort an ACC so that it sounds good but re-encodes poorly.

    4. Re:How lossy is lossy? by Mikey-San · · Score: 1

      ACC? I thought March was over already.

      To quote Fark: "Duke sucks."

      (Funny joke, though I'm a Duke fan.)

      --
      Mikey-San
      Karma: +Eleventy billion (mostly affected by watching Celebrity Jeopardy)
    5. Re:How lossy is lossy? by bill_mcgonigle · · Score: 2, Interesting

      128 bit ACC ->AIFF -> 128bit mp3 ... 11% RMS...
      128 bit ACC -> AIFF -> 128 bit ACC...6% RMS


      Well, yeah, its the same psychoacoustic model, you're only hearing the generation loss in AAC to AAC - you're hearing a model mismatch in AAC->MP3. Can you run the numbers on:

      CD->128bit mp3->AIFF->128 bit ACC

      and see how that compares? That would be an interesting number.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    6. Re:How lossy is lossy? by superposed · · Score: 3, Interesting

      "The waveforms are not only different but ... the the music plays just slightly (imperceptibly) slower on the iTunes version."

      Apple went back to the master tapes for a lot of their recordings. Jobs claimed in his announcement that some Music Store files would actually sound better than commercial CDs, which are not always made from such good sources.

      If the track was converted to digital format from scratch, rather than using the same digital source as your CD, it would be reasonable to expect (minor) differences in playback speed and waveform.

    7. Re:How lossy is lossy? by mr100percent · · Score: 1

      Steve Jobs says that he went to the big record companies and got ahold of the master originals, so they got supposedly higher quality than the CD.

  12. It's a good thing for Apple. by nycroft · · Score: 1, Interesting

    The iTunes Music Store has to be one of the coolest things Apple has done so far. It's things like this that constantly keep the Apple true believers asking; "What're they gonna think of next?" Yes, I bought a whole load of songs. Only thing is, they keep getting my e-mail address wrong. Somebody's getting my invoices, only I don't know who. Apple insists that they've got my correct address, but to no avail. Whatever, I'll just set up a new account.

    But that's beside the point! iTunes rocks! I love it! Now if they would only add the Beastie Boys, I'd be set.

    --
    Mr. Bond, they have a saying in Chicago: Once is happenstance. Twice is coincidence. The third time is enemy action.
    1. Re:It's a good thing for Apple. by commodoresloat · · Score: 1
      Only thing is, they keep getting my e-mail address wrong. Somebody's getting my invoices, only I don't know who.

      And this is a problem?

    2. Re:It's a good thing for Apple. by nycroft · · Score: 1

      No. Not really. I just don't want anybody to know that I like Yanni.

      --
      Mr. Bond, they have a saying in Chicago: Once is happenstance. Twice is coincidence. The third time is enemy action.
  13. Their days are doomed... by Beatbyte · · Score: 1

    The poor RIAA! We must come to their rescue!

    [/endofsarcasm]

    Think about this people: if they did this for a year, there would be 45,411,840 songs purchased in one year... from ONE RETAILER!

    1 dollar per song, 45 million dollars. 1 retailer.

    Lobby that to your bitches in the government!

    1. Re:Their days are doomed... by ip_vjl · · Score: 4, Insightful

      Not to belittle the store (as I'm anxiously awaiting the Windows version) but you can't expect that these numbers will remain constant once the newness wears off.

      The first press release was that over 1 million sold in the first week. The second release was that over 2 million sold in 16 days. Using those numbers it would indicate that sales are slowing down, otherwise it should have been two million in 14 days.

      Is this statistically accurate? No. My point is that two weeks is just WAY TOO SMALL a sample to determine the long term economic viability of this project.

      I'd like to see it succeed, as I've felt the industry always needed something to replace the 45 single. Good luck to Apple, but to say "if they did this for a year" is one huge if .

    2. Re:Their days are doomed... by angle_slam · · Score: 0, Redundant

      $45 Million. At $17 per CD, that is the equivalent of 2.6 million CDs, a figure that Eminem and N'Sync could easily break in a month.

    3. Re:Their days are doomed... by Anonymous Coward · · Score: 0

      " 1 dollar per song, 45 million dollars. 1 retailer."

      64 cents of each of those dollars go to the record label...

    4. Re:Their days are doomed... by bill_mcgonigle · · Score: 1

      Not to belittle the store (as I'm anxiously awaiting the Windows version) but you can't expect that these numbers will remain constant once the newness wears off.

      No, the numbers will skyrocket once the newness wears off. Because, just as soon as there is a week-on-week downturn, the Windows version gets released and the cycle starts again at a much higher volume (or so the theory goes - studies show Mac users pay far more often for their software so that might extend into music too).

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    5. Re:Their days are doomed... by dbrutus · · Score: 1

      The cost to distribute and sell CDs is much, much higher than it is to go through the iTunes store. How many returns to you have to go through? How many of those CDs go into the bargain bins or are remaindered/returned?

      Apple's got 5M active OS X users and maybe 1 in 5 of those downloaded iTunes 4. If you don't have a US billing address credit card you can't purchase yet either. Eventually the mac market will peak but it isn't even close yet. The Windows market hasn't even been launched, just announced for next year.

    6. Re:Their days are doomed... by eclectic4 · · Score: 0

      On the other hand, if they keep adding new artists, followed by adding numerous Indie bands (which is what I am waiting for), followed by a Windows version etc...

      These numbers could have a much better chance of maintaining themselves than you may think.

      --

      "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
  14. seconds by slothman32 · · Score: 0, Redundant

    1.44 songs per second. Is that like 2 songs per second squared?

    --
    Why don't you guys have friends or journals?
    1. Re:seconds by ColaMan · · Score: 1

      No, that'd be four songs per second.

      You're thinking of the square root of 2 songs per second , which is about 1.41 songs per second.

      Or maybe you were thinking of floppy disc sizes (1.44MB) and it struck a chord somewhere, causing you to post in error to SlashDot, attracting the inevitable flamage and the comeuppance you deserve, because as we all know, nobody expects The Spanish Inquisition!

      Stupid neurons. Always so associative. And it's 6am here, give me a break :-)

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
  15. A Win In The War For Fair Use by ihatewinXP · · Score: 4, Insightful

    Read: Apple has sold 2 million consumer friendly DRM enabled songs, with the big 5 on board and attracting new labels every day. Already the most successful online music distibutor ever, Apple has poised itself to be a major player for years to come in the emerging of the digital hub. In two years the ipod could have a big brother (or may just morph into) that downloads movies using the same basic format. A revenue stream like the ipod/music store combo is a god send and is probably keeping Apple afloat during this G4 debacle -

    Oh and iTunes4, with cover art, an intergrated music store, my ipod interface, and streaming (and downloading) capabilities for my friends over the net, please show me the windows app that lets me do this out of the box with a great interface to boot. For 'free' on every mac.

    --
    ---- The real Slashdot is still here. You just have to browse at -1 to read the comments.
  16. More perspective by Jerf · · Score: 2, Interesting

    At two million in 16 days, that's a $125,000 per day. That's 45.625 million per year.

    Apple's current market capatalization is 6.781 billion, as of this writing.

    Barring continued unlikely exponential growth, this won't "save" the company (to the extent it might need "saving". However, I suspect that it is certainly a profitable aspect of the company, probably already profitable (though hard to tell), so even should The Worst happen, this will probably be spun off successfully; too lucrative to disappear into thin air.

    1. Re:More perspective by Bluejay42 · · Score: 2, Insightful

      WTF does market capitalization have to do with the health of a company?! Will iTunes Music Store have an effect on AAPL's revenues and profits is the relevant question. You also failed to consider the ramifications of iTunes on Windows.

      AAPL's 2002 revenues were $5,742 million. Net profits were $65 million.

      So, $45 mil extra in revenues is indeed insignificant... about 0.7% of 2002 revs. Furthermore, they have to pay the music companies... Word is they will have to pay about 65% of the gross revenues to the music companies, leaving 35% for AAPL. So, without taking into account extra operating expenses, they can expect an extra $15 mil.

      But numbers of Mac users pale in comparison to PC users. 5% vs 90%? iTunes is best-of-breed software.... I think it can capture quite a bit of the PC market for music downloads and playback. And Mac users are still downloading the iTunes 4 update! So I don't think a ten-fold increase in a year or two is that crazy!

      10 * $45 mil = $450 mil extra in revenues

      10 * $15 mil = $150 mil extra in profits

      This is significant indeed.

    2. Re:More perspective by Jerf · · Score: 1

      WTF does market capitalization have to do with the health of a company?!

      45 million dollars in my pocket would set me up for life.

      45 million dollars for a multi-billion dollar company is operating expenses for a day or two.

      The bigger you are, the more you need to keep you alive. And like an animal, a company can only "cut back" so much before it becomes untenable and simply dies. Unlike animals, portions of it can live on, but the point is that while the service may seem impressive, and it is, it should be considered in the context of a very large company that is facing serious challenges in the medium term, not an Internet startup that made 45 million in a little over two weeks.

      Note, this is just perspective. I'm not really trying to draw conclusions. Might want to consider stuff like this, for instance. I'm not foolhardy enough to predict the death of Apple... but I'm not in a hurry to invest my money in them either.

    3. Re:More perspective by dbrutus · · Score: 1

      Nobody's claiming that this is going to 'save' Apple. What it will do is enhance profitability and get market analysts to take the Wintel FUD with a larger grain of salt.

      What's the Microsoft web service that is currently expanding their revenue as much as Apple is gaining from the iTunes store? How about something that's as profitable as .mac? As the computer market matures everybody expects web services to become more important. Apple's making the transition in a very public way and in a way that's going to end up nibbling away at the Wintel market from the high end as Linux nibbles from the low end.

    4. Re:More perspective by dbrutus · · Score: 1

      The most recent quarter had Apple being profitable at $0.04 a share. Apple has 365M shares outstanding so a $0.01 per share difference in profitability is 3.65M in profit. If Apple is profiting $0.30/song then 125,000 songs per day means a quarterly profit increase of about $0.01 at the current rate of sales or 25% of their last quarterly profit.

      For financial analysts and the stock obsessed this is a significant change. It will grow even more significant next year when the Windows version of the iTunes store turns that into $0.20 per share in quarterly profits.

      The stock market is forward looking (thus Apple's popped $5 since this broke from $13 to $18 a share) and it will likely be several years before anybody else can compete with Apple due to its unique legal position (Apple is legally restrained from becoming a competitor to the major labels due to an old legal settlement with the Beatle's record label, Apple Records).

      Web services are all about increasing profit margins and escaping commoditization. Apple's need for this is higher than most box builders because of its 'cool' image, something that Dell doesn't have to worry about. With the iTunes store and .Mac Apple's demonstrating that it can execute with real results to its bottom line.

  17. Number of servers by goombah99 · · Score: 1

    1.44 songs per second and less than 20 seconds to download a song means there are 28 concurrent downloads on average. I could handle with just a couple of PCs!!

    of course the problem is the spike loads, and I would imagine that for every song downloaded 20 get listened to.

    If we figure the peak period is 100 times larger and the lisenting and web services are another factor of 10 in load thats a couple thousand servers.

    anyone have a better guess?

    --
    Some drink at the fountain of knowledge. Others just gargle.
  18. unt now... by zogger · · Score: 5, Insightful

    It ess time for zee apple money dance!

    About time. Apple got a clue. Cheap singles, downloadable, mix and match. Just the formula that's been obvious for years now, just needed to be done on a big scale from a brand name outfit. Any of the big guys could have done this, software side, hardware side, music industry side. People asked them, they knew about it.

    Just shows how many bad ideas can get investor money and interest, and how long a good idea can lay there begging to be picked up, even when millions of people are pointing at it, going "hey, look, a good idea!"

    And just think the bigger push for better and cheaper broadband now, just from this one move, and it's a "legit" move, too, zero "controversy" about it or it's legality. It would be *nice* if it was cheaper than a dollar,and a scosh more flexible, but all in all it's a good start anyway.

    1. Re:unt now... by questamor · · Score: 1

      That's been my thoughts on this - It's been sitting there being a "good idea" for ages. There's no innovation in putting together an online music store, and indeed it's not a first. All it needed was to bring a few current things together, and polish... Among their other talents, Apple are fantastic at providing 'polish'!

      The way things stand now, nothing is simpler than using the Apple Music Store. Current offerings have been more painful to use than walking out your front door and buying a real CD, and that defeats the purpose of being online, downloading online, and having copyable digital media files that can be put to CD. I'm truly stunned at how easy it is to use, now I've gone back and looked at the alternatives.

    2. Re:unt now... by TheRaven64 · · Score: 1
      About time. Apple got a clue.

      Yes. The new 'iClue' will be availible from the Apple store next quarter, priced $500. A version for windows users will be availible soon after, but costing $2000.

      --
      I am TheRaven on Soylent News
    3. Re:unt now... by zogger · · Score: 1

      --heh heh hehheh, open source models any day now! gnuclu, kklew, mozclunixbird, gclucc clue compiler, and to build them all around, the clunernal

  19. Re:Unimpressive... by Anonymous Coward · · Score: 0

    Offer it to windows users and you have potentially 20x more sales. $1B. Offer it outside the united states and you get a whole lot more.

  20. Re:Unimpressive... by jlgolson · · Score: 3, Insightful

    WHAT! This is very impressive, 2 million songs that weren't bought befoe. $50 mil is hardly pocket change, that could buy Steve another jet. That's money that they didn't have before, that could have been downloaded from Kazaa. How many songs have the other downloadable music services sold? This is a Good Thing, as more labels and songs get added, and when this flips to Windows, just how many songs will be downloaded? My question is will the servers be able to scale enough once that happens?

  21. Oh, and don't forget... by Tumbleweed · · Score: 1

    Your mother was a hamster, and your father smelt of Elderberries!

    *Pfeh!*

    Now go away, or I shall taunt you a second time-a, you silly Pizza Infidel!

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

    Last year the total number of downloads combined for online music services equaled, 400,000. I would say that two million in two weeks, is a very impressive number.

  23. Re:Unimpressive... by Samrobb · · Score: 3, Interesting

    Apple has what, < 5% of the desktop market share? If these figure hold steady, then the Windows release of iTunes could generate close to a billion (1000 million) dollars.

    That's what's impressive. Not that they have a service that could generate $50 million/year, but they have a potential US market (not a world market, but a US market) that is 20x larger to expand into. Start adding in Canada, Mexico, the EU, India, Japan... and there's a amazingly huge amount of money to be made by Apple.

    --
    "Great men are not always wise: neither do the aged understand judgement." Job 32:9
  24. Millions and Millions served Weekly by jsmith38 · · Score: 1

    Lets compare this to some other things that people buy:

    Coke sells 1 billion Coca-Colas every two days.
    McDonalds serves "Billions and Billions Daily".

    But the thing to remember is that this is only for 5% of the computer owners market.

    1. Re:Millions and Millions served Weekly by wtmcgee · · Score: 1

      not even -

      this service is for maybe 1/4 (mac OS X users) of 75% (US apple owners) of 5% (apple users total v. other platforms) of the total installed computer user base.

      i'd say 2 million songs sold with those things taken into account is pretty good...

      --
      *** For a better tommorow, change your life today ***
    2. Re:Millions and Millions served Weekly by SlamMan · · Score: 1

      You'll note however, that this is a lexury item, not a necessity. I'm possitve I call Coke or a Big Mac "necessities," but they're a lot closer than music files.

      --
      Mod point free since 2001
    3. Re:Millions and Millions served Weekly by davesag · · Score: 1
      he thing to remember is that this is only for 5% of the computer owners market.

      no, this is for only 2.5% of the market as 50% of apple's market is outside the USA.

      --
      I used to have a better sig than this, but I got tired of it
  25. Re:Unimpressive... by phoenix_orb · · Score: 4, Insightful

    >Two million songs is not impressive at all.

    Yes, for a company that has only 3% of computer marketshare, and an even smaller percent (85% ? of Mac users use OSX and lets imagine 90% downloaded Itunes 4) For a company that caters to this small of an audience, I would say two million songs in two weeks isn't bad. Macs have often been stepping stones before major software breaks out (I call it getting usability down, think AOL started on the Mac)

    >This means total sales for the year would be >about $50 million, which in corporate terms is >pocket change.

    It is pocket change. Now lets do some extrapolation of data shall we? 2 million songs in 16 days. Imagine if (when) this software is realeased for free on Windows, as it is currently under development. Lets say 90,000 downloads per day for mac users would extrapolate to be almost 3,000,000 for PC users, (thinking in strict terms of market share) so in two weeks time (after this software is set up for windows) we could see a revenue stream of over $1 Billion a year. Hardly chump change.

    >Two million songs means that the average Apple >user is buying songs at a rate of 2-3 a year. >Hardly a figure that would impress anyone.

    Are you Alomex, the great spreader of Fear uncertainty and doubt (FUD)? Or do you just wanna be a karma whore? The fact remains that the service has only been available for a little of two weeks, so each mac user downloaded two to three songs in two weeks. A song a week. (using your data)

    >The only positive spin out of two million songs >sold is that it does prove that iTunes is not a >dud. Any other implication beyond that is pure >hype.

    Positive Spin, in two weeks Apple has become the largest legit online music service company. And they can make money at this. They HAVE the backing of the music industry. They will soon have indy bands.

    Please, take a moment to look at what the facts are before posting. I am getting annoyed with Karma whores spreading fake information about Microsoft, Apple, anything that doesn't run on or is Linux. The right tool for the right job.

    Damn

    --
    Blah Blah Blah.
  26. Re:A ways to go with even the "mainstream" alt mus by Anonymous Coward · · Score: 0

    Right.

    Because what the world needs now is more of the copulating cat cacaphony that is Cibo Matto.

    That is all, you may proceed with the floggi^H^H^H^H^H^Hmodding down now.

  27. Re:extended trance library by VoyagerRadio · · Score: 1

    I sure hope Apple will continue to get access to more trance and other music, especially as the record companies wake up, if they wake up, and realize that this service is getting closer to how people want their music. Personally, I still want the best quality, as in CD quality, but at $.99 a pop with the ability to burn the songs to disc, I guess it's doable.

    --
    Harold
  28. Apple records DID sue apple!! by goombah99 · · Score: 3, Informative


    When apple incorporated as apple they supposedly signed an agreement with apple records not to go into the record production bussiness.

    from Wikipedia:

    At one point, Apple Records sued Apple Computer for trademark infringment because the computer company broke their earlier agreement not to add sound to its computers. The case was settled out of court. Apple computers ever since have included a sound labelled sosumi ("So, sue me").

    The label became successful, surviving the legal dissolution of the Beatles in 1974, and continuing to issue new material till 1976, although the holding company, Apple Corps., Ltd., is still in existence. The label was resurrected around the time of the Anthology for use on all Beatles CDs.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  29. Re:Unimpressive... by Alomex · · Score: 1

    The fact remains that the service has only been available for a little of two weeks, so each mac user downloaded two to three songs in two weeks.

    No. Songs are being purchased at a rate of two-three a year. .

    This is not the same as 2-3 songs per user in two weeks.

  30. Stupid Pricing games... by weave · · Score: 5, Interesting
    I've bought 49 tunes so far and am generally happy with it, but I have been growing more and more annoyed at some of the pricing games.

    Like Coldplay's Parachutes album. It's priced at $11.99 -- WTF happened to 9.99 albums? But it's only 10 songs (one of which is a whole 46 seconds long). OK, so buy them individually. Sorry, nope. Track 10 is marked "album only." The other Coldplay Album is 10.89 for 11 songs, basically the price per song.

    Now perhaps the record labels are forcing these limitations on Apple. Maybe they are the reason that a CD of 18 songs is for some reason missing one track and available "partial album only" so you have to buy all remaining 17 songs at 99 cents per. I mean, how can you sell some albums like Dream Theater's Scenes from a Memory or 6DOIT which are complete album-long epics and offer it as "partial album only?" Heaven forbid I get 70 minutes worth of music for only $9.99. If you sell little 3 minute songs you can get over 20 songs on a CD that way... That's less than 50 cents a track. Oh my guiddy aunt, can't allow that.

    (Maybe I *will* go back to aquiring my CDs the old fashioned way after all... Maybe the record labels want that to happen. Maybe they want iTMS to fail. Maybe I will fail to clarify what I mean by "old fashined way" with respect to aquiring my CDs.)

    /incoherent ranting...

    1. Re:Stupid Pricing games... by Anonymous Coward · · Score: 0

      I have noticed the same thing. The song "Time" on Dark Side of the Moon is also Album Only. I wouldn't necessarily say that the labels want iTMS to fail, but this ensures that they aren't relegated to selling only singles. However, the statisics on the press release indicating the percentage of songs that were bought as an album seem to say this wouldn't be a problem.

    2. Re:Stupid Pricing games... by Anonymous Coward · · Score: 0

      Essentially, you're dealing with labels that have an understanding of what's already selling. Certain bands, like the Eagles and Pink Floyd have excellent long term album sales. Certain albums (like Dark Side) are already selling very well. The labels aren't going to want to undercut the physical sales of Dark Side of the Moon. There's no reason for them to do it.

      The big benefit of the Music Store for the labels is this: They get exposure for a huge number of albums that aren't moving enough to generate store sales. (I mean, after all, how many stores are stocking every single John Denver album or all of those Joe Jackson albums that I love but can't find?)

  31. Re:Overrated. by Gizzmonic · · Score: 0

    Mod this up to high, it's cute.

    --
    (-1, Raw and Uncut is the only way to read)
  32. We'll see if Generalissimo Jobs was serious by ianscot · · Score: 2, Interesting
    Steve Jobs mentioned adding the indies in several interviews and in his key note. Supposedly the small labels are eager, but there wasn't time.

    We haven't seen much in the way of results yet, and it's still okay to be a little skeptical. It'd make me feel better to see a new category full of smaller labels introduced with some fanfare.

    In general Apple'd be smart to add big new sections of content -- "We're opening a new such-and-so wing of the store" -- rather than adding the Doors one day and Alanis Morissette another, in dribs and drabs. It'd be better press, and get my attention. (They could even just re-cast existing categories in new groupings for effect: we're opening the "American Songbook" store, you know? No reason you shouldn't use it like the database it is.)

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
  33. Typical Americans! by Lars+Invece · · Score: 1

    $50 million PROFIT is NOT corporate pocket change! Considering that that's just the US mac users that those 2 million song were sold to only those running OS X and only to those in the US, which is a very small percentage given that that is probably less than 1 % of the WORLD digital music customers. There's still a huge potential for profit considering the rest of the 99% International market. Hypothetically, even if you assume the current sales to be just 5% of the WORLD digital music sales, the potential profits total to $50m * 19 == $450 Million PROFIT or close to a BILLION in revenue!!! Point:

  34. Re:Unimpressive... by BigDaddy · · Score: 4, Informative
    I'm confused how you make this assumption. Let's look at some numbers....

    According to this osOpinion.com article Apple claims 5 million users for OS X (as of January, this year). Assuming no one else started using OS X since then (pretty poor assumption, but whatever), we see that 5 million users downloaded 2 million songs in 16 days. This is a rate of 125,000 songs per day. At 365 days a year, we see 45.6 million songs per year. Spread across our 5 million users we see 9.12 songs per year. Admittedly not huge, but still 3x larger than your numbers.

    Admittedly, this is based on some schetchy assumptions. 1) Purchasing rates won't remain at this level. 2) The number of OSX users I'm sure is higher now than it was in January.

    But still, not what you claim.

    --
    You can't get a blue screen on a black and white monitor.
  35. Re:A ways to go with even the "mainstream" alt mus by Anonymous Coward · · Score: 0

    seriously, way to name three things missing. Newsflash: they aren't gonna have everything. Not after two weeks, not after a month. Probably never. I'm still waiting on this brazilian band Timbalada, etc. Why did you bother to post?

  36. Re:Unimpressive... by Alomex · · Score: 1

    Apple claims 5 million users for OS X

    I had assumed that all Apple users could access the iTunes music store web site, however upon reading your comment I went to the Apple web site and indeed it seems you need OS X to access the iTunes music store...

  37. What would impress you? by ianscot · · Score: 3, Informative
    the average Apple user is buying songs at a rate of 2-3 a year. Hardly a figure that would impress anyone.

    We're not buying any numbers about the rate of sales to "the average Mac user" unless you've got a source or a much clearer description of your supposed stat -- what population are you using, please? -- but let me ask you this: What would "impress" you? Apparently a profitable online method for music retailing that convinces the big labels to allow unintrusive, intuitive DRM in the files and a per-song sales model, that doesn't impress you... Not when it's only selling around 90 songs a minute or around 1.4 songs a second.

    In 16 days, Apple's store has more than doubled the sales from the other "legit" online music resellers put together last year. I wonder if they're at all impressed. If not, we shouldn't expect them to try to move to a similar sales model...

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
  38. Please to tell me by onShore_Jake · · Score: 4, Insightful

    They need to have a system to tell users when songs are added. Several songs I want (Led Zep, latest Allman Bros etc) were not on the store when I checked. I would get them when they are available but I will not check every time I hear they added songs.

    1. Re:Please to tell me by macguys · · Score: 1

      I've also noticed that albums have been removed from the system. I bought two songs off an album the first day. I went back yesterday to get another track and that album was not in the store.

      I agree with the comments re: getting indie labels in the store. I'd also like to see a lot more of the real old stuff available.

      --
      wherever I go, there I am.
    2. Re:Please to tell me by oscast · · Score: 1

      They appear to be on there now...

    3. Re:Please to tell me by onShore_Jake · · Score: 1

      Well, if by "on there", you mean "still not there", yes, you are correct. ;-)

  39. right, but... by msouth · · Score: 1

    ...you also have to consider how many ipods/Macs the existence of this service will sell. Not that I'm arguing that it will save the company or anything.

    Also, keep in mind that they are planning on having a Windows version out soon, which could tremendously increase the market. If it scales linearly with marketshare, that will be a pretty big number.

    --
    Liberty uber alles.
  40. Great, but... by lvdrproject · · Score: 4, Interesting
    Firstly, to the RIAA, i'd just like to say "TOLD YOU SO!". If they had embraced this from the very beginning, they would have a lot more friends in the world, and they wouldn't have had to invest all that time and money into combatting piracy. To get to the point, though....

    As everybody probably agrees, this is a great step in the right direction. This is exactly the kind of system that will bring "MP3s" (i know they're not MP3s, but that's what everybody actually means when they say "digital audio" or whatever) to the masses, legally. However, there are a few problems.

    These songs are all AAC. Now, a good deal of the "new" or "lesser-known" formats that Apple has picked up on, they've turned into pretty much ubiquitous formats, for all systems. So, the fact that AAC is largely unsupported by most media players, hardware players, and other audio utilities is only going to be an issue for a little while. Once Apple has propogated AAC all throughout the PC world, it'll be just as popular as Vorbis or MPC. But there are several problems with this. Number one, as everybody knows, it's all DRM. That means that i'm paying just about the same price as a retail CD (or probably a little less, but not much), but i can only play those songs on approved hardware. (I haven't read up on Apple's AAC DRM scheme, but i assume it's much like WMA's.) So that's one problem. Another problem is, AAC is lossy, and not everybody likes it, for that reason and others. If i'm paying for a song, i want it in full, crystal-clear, lossless quality, so that i can encode it into my lossy format of choice, in order to make it compatible with my desired hardware/software. Or, at least, i'd like the option to (i understand that not everybody wants to download a full lossless CD). Of course, if they ever did go lossless, they'd have to get rid of the DRM (or it would be mostly pointless).

    But i think, realistically, everybody knows that that's not going to happen. No matter how far the music industry goes with this, the music will ALWAYS be DRM. There is never going to be a service that offers just plain MP3s/Vorbises/FLACs/WAVs/<insert desired audio format>. It's always going to be restricted-access media, because the RIAA can't bear to let their content go freely to the user.

    In other words, it's a step in the right direction, but i think it's the last one.

    1. Re:Great, but... by Anonymous Coward · · Score: 0

      Are you smoking crack?

      First off, the AAC (MP4 Audio) has no DRM. The DRM is in iTunes and Quicktime.

      Second, ever hear of eMusic? Unlimited MP3s at 9.99 per month?

      Christ, dude; wake up and have a clue next time for breakfast.

      -CyCz

    2. Re:Great, but... by lvdrproject · · Score: 1
      Hmmm... really? Interesting.

      Sorry, didn't realise that about the DRM thing. However, when Apple moves this service to PC (They've said that they were going to do that, right? Correct me if i'm totally off-base.), do you suppose it'll stay like that? I don't know... somehow i doubt it. Maybe, though.

      Never heard of eMusic before you mentioned it. Time will tell how the DRM thing goes. But my audio format argument still stands, either way. :p

  41. Re: Upgrade to X by lungbutter · · Score: 1

    Dude, you're using OS 9 on an ancient machine. Upgrade to OS X and get new hardware...THEN you'll see the light!

  42. Re:Kazaa for the mac by pastafazou · · Score: 1

    Ever heard of Neo? It's a Mac version of the Kazaa client, developed by Michael Thole in 2002. Unfortunately it doesn't support the rampant spread of computer viruses plaguing the PC clients. Us Mac users are always getting ripped off!!!

  43. Re:Unimpressive... by Anonymous Coward · · Score: 0

    not to mention you need to be in the US. There is parts of the world outside of the US, in fact most of the world is outside the US.

  44. Well Duh! There's your problem by Anonymous Coward · · Score: 0

    Dude, the OS 9 is larger than 64 megs. you're running on fumes. you would not even be running if it were not for virtual memory. I'm surprised you can write 16 megs in a day, let alone 20 minutes.

    Do you have any clue what size bbedit and bloatscape are? A bloody miracle it does not just crash.

    Of course all your other apps crack. they are swapped out on disk. (NT had much better virtual memory management than OS 9, but you must be sucking fumes if you think a 4 meg NT machine would outperform the mac)

    dude get a clue

    1. Re:Well Duh! There's your problem by Anonymous Coward · · Score: 0

      The point is, that this machine is slow. I work for the American Red Cross and we have been hit with tremendous cutbacks. They were supposed to upgrade but then September 11th happened and we are stuck in limbo. We already were lagging. Sure I'd like them to upgrade to the latest and greatest but it is not an option for every organization.

    2. Re:Well Duh! There's your problem by Anonymous Coward · · Score: 0

      Has that drive ever been defragmented, even once, since what....1990? Smells like a troll.

    3. Re:Well Duh! There's your problem by idsofmarch · · Score: 1

      So wait, you're using a very old machine and then you ask what everyone else is doing with their macs. I have two machines: a 233mhz iMac which I bought in 1998, which I then stuffed full of memory and then put on OSX and a 500mhz Powerbook which I have had since 2001. Neither machine is top of the line, and yet I manage to get an insane amount of work done, especially compared to my 2.0 Ghz P4 which crashes and blue screens constantly. You're running an ancient machine on an older OS and you post this on almost every Apple page, so frankly I think you're trolling. But I thought I'd give you a real awnser. Obviously you need an upgrade, but this isn't the Mac's fault.

      --
      Anyone who whines about being modded down should be.
  45. Destroy the Pizza Infidels by commodoresloat · · Score: 1

    We shall roast their stomachs in hell!!!

    Mmmmmm.... roasted stomach pizza....

  46. So that means... by commodoresloat · · Score: 1

    Eminem should replace Steve Jobs as CEO. I can see it now. Instead of "Think Different" Apple's new slogan will be "Bitch, I'm gonna kill you!"

  47. Do they pay you to wait? by Anonymous Coward · · Score: 0

    If you do any productive work then I assume (when you are not copying mp3s at work) you must write to disk at least 160 meg per day (inbox mboxfile changes, saved changes in bbedit, virtual memory, and netscape cache files).

    by your stats this takes you 200 minutes = 3.33 hours when you cant do anything else.

    if you are paid $100 dollars an hour including benefits then you waste 333 dollars per day minimum.

    Also you delay the completion of your projects by 2 days every 5 days. if anyone else is being held up by your slow progress then add that cost in too.

    time to buy an $800 OSX e-mac.

  48. Two solutions to your problem by Anonymous Coward · · Score: 0

    If your too cheap to spend the $10 it costs for 64 more meg of memory then down grade your computer to 8.0 which uses less memory.

  49. Re:Kazaa for the mac by sweetooth · · Score: 1

    However it is not an official client, nor is it likely to be the majority of the kazaa clients in use. So no matter how many mac clients stop connecting to the kazaa network it will likely have little impact on the overall network health. Hence the comment is still relativly meaningless in reference to kazaa.

  50. Re:Unimpressive... by Anonymous Coward · · Score: 0

    in fact most of the world is outside the US.

    Yes, but most of Apple's user base is in the US, and many (although not most) of the people who can afford 99c a song are also in the US.

  51. Re:A ways to go with even the "mainstream" alt mus by mrpuffypants · · Score: 1

    I still can't believe that, in a n effort to make the service look fresh and not stagnate, they aren't putting more new releases on the service. Wouldn't it be cool if they had some big artist's new CD avaliable on the ITMS 3 days before it was released on CD? And since they have DRM built in the record labels could be a little less worried about letting them go ahead with it.

    And they don't have any White Stripes or the FREAKING BEATLES. c'mon!

  52. even MORE likely by commodoresloat · · Score: 2, Informative
    Most likely you have either a hard drive that is getting write errors or you have a wayward extension or you have so much in memory you are getting some sort of virtual memory hell.

    Even more likely he's a troll who posts the same freaking comment on every Apple discussion.

  53. Re:BullSh*t by i_am_nitrogen · · Score: 2, Insightful

    Nah, it's not BS. MacOS before X just plain sucked for the kind of work he's trying to do. It sucked at copying files from place to place on the same disk. It really sucked at virtual memory. MacOS 9 multitasking was horrible. You could do one thing, and one thing only. This guy's got Netscape, BBEdit, file transfer, music playing, etc.. Something that OS 9 just can't do. Watch a DVD, and the DVD gets 100% of the freaking CPU, and yet the sound still loses sync. Nope, it won't drop a few frames here and there to let your background processes run.

    Thankfully, MacOS X, with its new architecture based on open systems and open standards, is much, much better.

  54. Re:Unimpressive... by GlassHeart · · Score: 1
    Start adding in Canada, Mexico, the EU, India, Japan...

    Okay, let's not get carried away. India and Mexico are unlikely to have the purchasing power and Internet infrastructure to present a market comparable to the US, Canada, EU, or Japan.

    It would be very interesting to know the percentage of broadband users among the customers of the iTunes Music Store. I would suspect that it is close to 100%.

  55. didn't I kick your ass on this subject already? by Scudsucker · · Score: 1
    Oh, boy. Not THIS again. This horse has been well and truly beaten already.

    True that. Some people, no matter how much logic and evidence you throw at them, insist that the earth is flat, Elvis is alive and copyright infringment is a form of theft. The litmus test is, has there been a loss of property to some other individual? No loss of property, no theft.

    the crime known as "copyright infringement" is a special class of the general activity known as "theft."

    No. Just because something is a crime doesn't mean its theft. If I burn down your house, is that committing theft? After all, I have deprived you of your worldy possessions. But wait, its not theft because neither you nor I have possession of your property because it has been destroyed. That's why we call it arson, because it has vital charachteristics that make it a completely different crime than stealing. If I copy your research paper behind your back and pass it off as my own, thats called plagerism. If I bring a 20 dollar bill down to the copy shop and xerox a few for some extra cash, its not theft. Its forgery. It's highly illegal and I'll be scrwed if the Secret Service catches me, but just because something is illegal doesn't mean its theft. If you are an artist and I make copies of your music and give them to my friends without paying you, thats copyright infringment, because you still have possession of all of your property. Again, no loss of property, no theft.

    take: to get into one's possession

    Nice that you left out the relevant explanation of that definition:
    1. 1 To get into one's possession by force, skill, or artifice, especially:

    2. a. To capture physically; seize: take an enemy fortress.
      b. To seize with authority; confiscate.

    If I capture, seize, or confiscate your property, I have control and possession of your property while you lose it. That is the point you cannot see. If I don't take, or remove your property there is no theft. There might be copyright infringment, forgery or plagerism, but there is no theft without a transfer of possession.

    But if that's not good enough for you, perhapse you'd like a few more. While you're noting the complete absence of any copying of so called "intellectual property" from any of those, check out how many specifically say "taking and removing". Thats because theft is concrete. I've either stolen your car from your garage or I haven't. I've either removed some stereos after breaking into Radio Shack or I haven't. That doesn't apply to downloading a copy of Office XP without paying for it, because there is no guarantee that I would have bought it in the first place. And even if it was guaranteed, MS has only "lo

    1. Re:didn't I kick your ass on this subject already? by Anonymous Coward · · Score: 0

      Just because something is a crime doesn't mean its theft.

      Boy, is THAT the insightful comment of the year. Somebody nominate this guy from some kind of award.

      Again, no loss of property, no theft.

      You keep repeating that. Only it isn't true. Theft in the strictly legal sense defined in the statutes is about deprivation of material property, yes. So what? Theft in the broader sense of taking something without permission has nothing to do with either material property or deprivation thereof. So no matter how many times you, personally, try to narrowly define what "theft" means, it's not going to work.

      If I capture, seize, or confiscate your property, I have control and possession of your property while you lose it.

      You're reading more into the definition than what's really there. The definition merely says "To get into one's possession by force, skill, or artifice." (I omitted "by force, skill, or artifice" because, well, how else would you get something into your possession? The "force, skill, or artifice" part is in there to distinguish taking, which is an overt act, from receiving, which is a passive act.) The especially part is just exemplification.

      So if I log on to the Internet and download a bunch of MP3's, what I have done is gotten them into my possession by skill. I have taken them. Did I have permission to take them? No. Therefore I have STOLEN them.

      This is the part where you say, "No loss, no theft."

      so called "intellectual property"

      Oh, okay, now I remember you. You're one of those freaks who denies that works like books and music recordings are actually property. That explains everything. Your agenda is clear now.

      Therein lies the (miles wide) gulf between infringment and theft that you just can't seem to grasp.

      Dude, stop it, okay? Just stop it. Everybody here "grasps" the "gulf" between infringement and theft. It's just that we "grasp" it in a way that's (1) different from yours, and (b) based on simple definitions of common words. Your whole "I'm smarter than you" schtick isn't going to get you anywhere.

      Copyright infringement is a special class of theft. The act of copying something that's protected by copyright without the permission of the copyright holder is STEALING. Legally, is it called theft? No, legally it has a different name, just like stealing stuff from someone's home is called burglary and stealing money from an employer is called embezzlement. But that doesn't change the fact that ALL of these things are forms of THEFT.

      If there's anybody here who isn't grasping something, it's you.

      However, with so called intellectual property, there is very little material investment compared to, say, manufacturing cars.

      Oh, that's so wrong. An author spends TWO YEARS of his life writing a book. When you copy that book without paying for it, you take money RIGHT OUT OF HIS POCKET. The same is true of the people who make movies and music and whatever else. "Very little material investment?" This just demonstrates your blinding ignorance.

      If you like dictionary.com, then you'll like their definition of theft

      The definition you cited is just fine... if you're looking for the LEGAL definition, which is more narrow than the COMMON definition. Read it yourself: theft is the act of stealing. (Cross-reference "stealing" to see what that means, to wit, "To take and carry away, feloniously; to take without right or leave, and with intent to keep wrongfully; as, to steal the personal goods of another." Nothing in there about deprivation or material possessions, is there?) The definition then gives a more specific, semi-legal definition of THE CRIME OF THEFT, which is NOT what we are talking about.

      The law already defines the crime of felonious copyright infringement above and beyond the civil offense; everybody knows what the law says. What we're talking about here are the simple terms.

      THEFT: to take some

  56. Re:Naaaw, that's old by bursch-X · · Score: 3, Funny

    Think Different is too old anyway, and I think Eminem would have to change the line to "Bitch, I'm gonna switch you!"

    (or maybe "Bill, I....", forget it).

    --
    There are two rules for success:
    1. Never tell everything you know.
  57. Re:Unimpressive... by bursch-X · · Score: 1

    It's even worse. You really don't want to know how bad the situation with broadband in some countries of the EU is. And I'm talking about Germany. If you're really lucky and live close to a larger city you "might" be able to get 1.5 Mbps for 25-30 Euro/month...

    Jeez I'm getting 100Mbps on fibre optic line for 5000 Yen (37 Euro)/month in Tokyo and 12Mbps ADSL for around 3000 Yen all around Japan.

    --
    There are two rules for success:
    1. Never tell everything you know.
  58. And: by Andre+Breton · · Score: 2, Interesting

    Those figures usually only relate to sales to stores and chains. It doesn't mean that people actually bought that many CDs. Eminem could sell 10 million CDs to stores, but if no customer would get them they would eventually end up in the bargain bin. He would have nontheless gained his gold/platinum/whatsover status...

    1. Re:And: by angle_slam · · Score: 1
      Those figures usually only relate to sales to stores and chains. It doesn't mean that people actually bought that many CDs.

      I believe you are mistaken. The Soundscan system tracks barcodes as they are scanned by record stores. Thus, they track sales to consumers.

    2. Re:And: by Andre+Breton · · Score: 1
      I believe you are mistaken. The Soundscan system tracks barcodes as they are scanned by record stores.

      Interesting. Maybe I'm getting old. OK, I'm definetely getting old, but OTOH I'm not sure if they don't still do it the old way over here in good ol Germany...

      What is Billboard using anyway?

  59. Re:A ways to go with even the "mainstream" alt mus by rakerman · · Score: 1
  60. Re:Unimpressive... by questamor · · Score: 1

    Positive Spin, in two weeks Apple has become the largest legit online music service company

    Are there any stats around on what other online music retailers are selling? That's the downloadable music kind, not simply ordering CDs. I do suspect the iTunes music store sales to slow down in time, but are apple outstripping other retailers by 2:1, 10:1, or more? Is their one million songs in the first week really that impressive in relative terms?. I find it pretty good going in absolute numbers, considering there's such a tiny percentage of computer owners actually able to use it.

    I love the way iTunes work through the store and hope it succeeds with a bigger & better catalogue, but the skeptic in me wants to know the numbers!

  61. Some hope by overunderunderdone · · Score: 1

    you can't expect that these numbers will remain constant once the newness wears off.

    On the other hand the market keeps growing. In that same million dollar first week only about one million mac users downloaded the new iTunes. There are however 25 million mac users in total. I suspect there will be a spike the first couple of weeks as early adopters/geeks try it out. Immediately after that it will fall off for a few weeks/months but going forward it will continue to grow as the installed base continues to grow. I think it's possible that in the end the numbers may be even *better* than they were in the first week. In other words 25 million people occassionally buying music at the average rate may be a higher daily number than only 1 million people caught up in an "opening day" surge.

  62. Re: Upgrade to X by TheRaven64 · · Score: 1

    Dude, you're replying to a generic troll that someone posts to every Apple article...

    --
    I am TheRaven on Soylent News
  63. Re:Unimpressive... by Samrobb · · Score: 1
    India and Mexico are unlikely to have the purchasing power and Internet infrastructure to present a market comparable to the US, Canada, EU, or Japan.

    OK, I'll grant you Mexico - but India is a huge country. From what I've seen and heard, it's in pretty much the same situation as the US w/regard to broadband - there are areas of excellent connectivity, and other areas where even a dialup connection is hard to get. Even if you scale down music prices to accomidate the relative cost of living in India, I suspect there's a large enough market there that it would be worthwhile pursuing.

    --
    "Great men are not always wise: neither do the aged understand judgement." Job 32:9
  64. You're forgeting a few things there sir.... by Anonymous Coward · · Score: 0

    don't forget...you're only taking into account American, OSX enabled users (I'm not sure if Canadians are allowed to buy through the store yet).

    In Europe and Asia OSX enabled users are not yet allowed to purchase through the store.

    When these regions are allowed to purchase Apple can expect the sales to increase (significantly I would hope but who knows).

    All that to say that by the end of the year when Apple can count European and Asian regions as well as the Windows market share there should be a pretty healthy annual profit for the kids in Cupertino.

    dreadz1

  65. Re:Unimpressive... by dbrutus · · Score: 1

    Apple also has decent sales in Japan and the EU, zones which also have enough free cash to afford the legitimate purchase of music.

  66. MOD PARENT UP by Anonymous Coward · · Score: 0

    C'mon! It's informative, not offtopic - someone asked!!

  67. Re:Unimpressive... by GlassHeart · · Score: 1
    there are areas of excellent connectivity, and other areas where even a dialup connection is hard to get. Even if you scale down music prices to accomidate the relative cost of living in India, I suspect there's a large enough market there that it would be worthwhile pursuing.

    Sure. I didn't say it wasn't worth pursuing, just that you don't want to expect similar revenue from India.

    The US has a 10 trillion dollar GDP, about 200 million telephone lines, and 166 million Internet users. India has a 2.7 trillion dollar GDP, 30 million telephone lines, and 7 million Internet users. Consider also that the lower price you suggested will increase the gap further, because you don't make as much money per sale, assuming the same percentage of Internet users purchase music in India.

  68. OTOH by protein+folder · · Score: 1

    I got a Fela Kuti album (Confusion/Gentleman) that has four songs, all of which are close to or over 10 minutes in length (one's like 25 minutes long or something), for 3.96.

    Admittedly, Fela Kuti may not be exactly super-popular, but maybe that's the point.

    I do hope they fix the "Partial Album" problem though, it's a real PITA. I am curious to know whether that's a licensing or technological issue.

    --
    Your mind is squeezed by a blast of pain!
  69. Score - Scud 3, AC 0 by Scudsucker · · Score: 1
    You keep repeating that. Only it isn't true.

    If I keep repeating it maybe it'll sink in.

    So no matter how many times you, personally, try to narrowly define what "theft" means, it's not going to work.

    How is wanting to call something exactly what it is, as opposed to something its not, "narrowly defining" something? You must be an RIAA exec, because they are trying to widen the definition of theft to include copyright infringment.

    Dude, stop it, okay? Just stop it. Everybody here "grasps" the "gulf" between infringement and theft. It's just that we "grasp" it in a way that's (1) different from yours, and (b) based on simple definitions of common words. Your whole "I'm smarter than you" schtick isn't going to get you anywhere.

    First you argued on definitions, and I shot you down there. Now your trying to argue some "more common defintion". Who's? You get this from www.riaa.com/gullible/propoganda.html?

    Read it yourself: theft is the act of stealing. (Cross-reference "stealing" to see what that means, to wit, "To take and carry away, feloniously; to take without right or leave, and with intent to keep wrongfully; as, to steal the personal goods of another." Nothing in there about deprivation or material possessions, is there?

    Now who's cherry picking? Fine, lets ask the average Joe about this. I break into Joe's house while he's away and copy his entire dvd collection. You try to tell Joe that I've stolen stuff from him, to which he replies: "but everythings still there!" I've trespassed on his property, probably guilty of breaking and entering, but I haven't stolen anything from him. Bam! You lose sucka.

    You've got an agenda to push here, and that agenda includes the obliteration of the notion of property.

    Pfft. My only agenda is to get people to call things by their proper names and not fall for the **AA propogada. If Vader can come back from the dark side, why can't you? And what we need to do is avoid this idiotic "intellectual property" bs and get back to what it actually, histrically is: a social contract for exclusivity, enforced by law. Thats why none of this is theft, because you are INFRINGING on that right of exclusivity.

    When you copy that book without paying for it, you take money RIGHT OUT OF HIS POCKET.

    ... How did you come up with that assertion? Maybe you're in the possession of a matter transmitting device, but sadly I am not.

    Scud: 4, AC 0

    BTW I'm leaving for the weekend. Why don't you take that time to read up on what copyrights and patents actually are.

    1. Re:Score - Scud 3, AC 0 by Anonymous Coward · · Score: 0

      If I keep repeating it maybe it'll sink in.

      No matter how many times you say it, it won't just magically become true.

      How is wanting to call something exactly what it is, as opposed to something its not, "narrowly defining" something?

      It's a matter of vocabulary. In different contexts, one uses different vocabularies. Consider a doctor. A doctor would call malaria a disease, and diabetes a syndrome. Non-doctors call both of those simply being sick. Just because a doctor says that diabetes is a syndrome and not a disease, that doesn't mean you're not sick.

      Same thing here. A lawyer (or a cop) uses different words for different crimes. Robbery, burglary, shoplifting, embezzlement, fraud, copyright infringement, larceny... these are all distinctly different things as far as the law is concerned. But non-lawyers call them all the same thing: theft. Because they all involve the criminal's getting his hands on something without permission.

      It would be wrong of a doctor to say that a patient with diabetes is not sick. You can be more precise than that; you can say that a patient with diabetes has a syndrome, which is a specific type of being sick. But you can't truthfully say that having a syndrome is different from being sick.

      Same thing here. Copyright infringement is a form of theft. You can be as specific as you want with the legal terminology, but it's simply not correct to say that copyright infringement is not theft.

      First you argued on definitions, and I shot you down there.

      Wow. Rashomon flashback. What thread are you referring to, exactly?

      Fine, lets ask the average Joe about this. I break into Joe's house while he's away and copy his entire dvd collection. You try to tell Joe that I've stolen stuff from him, to which he replies: "but everythings still there!"

      Aha! See, there's your problem. You don't understand who, exactly, is being stolen from when copyright infringement takes place. The person being harmed isn't the person from whom you made your illegal copy. The person being harmed is the creator of the work you copied, or the creator's delegate in the person of the copyright holder. Of course Average Joe doesn't perceive any harm when you copy his DVD's. He wasn't harmed by it in the slightest. But the copyright holders were.

      If Vader can come back from the dark side, why can't you?

      How old are you, exactly?

      And what we need to do is avoid this idiotic "intellectual property" bs and get back to what it actually, histrically is: a social contract for exclusivity, enforced by law.

      You need to go back before 1710. Before the first copyright laws were written, the social contract NEVER expired. It was perpetual, even beyond the lifespan of the author. Only in modern times has the notion of the "public domain" (i.e., seizure by force of works rightfully owned by their creators at a certain point in time) arisen.

      Scud: 4, AC 0

      Whatever you say, dude.

  70. Re:Unimpressive... by Maserati · · Score: 1

    Here's another point. Apple sold two million tracks in the first two weeks. Their only advertising was the initial PR, the web buzz and coverage in the press. The advertising for the store didn't start until late in the second week (on Thursday, during Friends). A healthy portion of their user base (home iMac users) hans't even heard of the store yet.

    I'm going to be very interested in what the sales figures do after the advertising kicks in.

    --
    Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
  71. Total Bullshit by Anonymous Coward · · Score: 0

    Mr. Mathers sold about 10-11 million CD's in 3 years. That's actual sales, not inflated hype. In any given week, the top selling CD is under 300,000 units. That's tracked sales by Soundscan. Record companies and PR flaks put out lies. Have you ever noticed that every act that comes through has a million selling record? They're trying to sell tickets and puff up sales.

  72. Hello, I'm bragging about my musical tastes by Anonymous Coward · · Score: 0

    There wasn't much point in anecdotally telling everyone four random groups that weren't properly represented. But I wanted to list them all to show how cool my musical tastes are. Apple is really lacking in their music store if they don't have these few things I mentioned.

    Of course, these groups are sort of my guilty pleasures. I would call them sellouts because more than 25 people have heard of them.

    1. Re:Hello, I'm bragging about my musical tastes by Golias · · Score: 1
      There wasn't much point in anecdotally telling everyone four random groups that weren't properly represented. But I wanted to list them all to show how cool my musical tastes are. Apple is really lacking in their music store if they don't have these few things I mentioned. Of course, these groups are sort of my guilty pleasures. I would call them sellouts because more than 25 people have heard of them.

      Very funny, but my guilty pleasures actually consist of stuff like old Heart (Dreamboat Annie rocks, and I ain't afraid to say it), and new Rush (the '1337 consensus is that they were over by the time Grace Under Pressure came out, but I really dig their stuff from the 90s).

      Unlike some people, my favorite alt bands don't stop being cool to me when they sign with big labels. I don't think any of the bands I mentioned are really all that obscure, do you?

      Finally, my comment was not intended to be anything more than anecdotal, as my anecdotal experience is all I feel qualified to comment on. Perhaps you would have prefered if I pretended to be a guru of all styles and genres of pop, and declared definitively on how complete the Apple library is. That kind of feigned expertise would certainly fit in a lot better with general practices on this site I suppose.

      --

      Information wants to be anthropomorphized.

  73. Re:is lossy? clitoris choppers caliphate of death by Anonymous Coward · · Score: 0
    You know nothing you Islamic terrorist. More anectdotal lies you are saying shit like "he said she said" and you are a a fucking liar and a religious cult member fucker.

    CLITORIS CHOPPERS. Hi there you fucking Islamic career clerics, doctors of death, Waffen Schutzstaffel doctor Josef Mengele is a patron saint compared to you fucking ragheads. You suck. You aide and abet terror and death. You are partially responsible for the deaths of other fellow men. For this fratricide you shall pay dearly. Your soul is black with the stains of inaction, ineptitude and sympathies to those who walk the dark side. Your foul life is full of sins, not religious, just heinous, your karma is low, you don't confess, and you aren't in prison where you belong. You are your own dark, kept secret. I see through you, the worthless academic, the pseudo intellectual, the unproven unpublished un patented WASTE OF FUCKING FLESH. You are a drain on society, you are a member of the 1st world but pretend to not be. I hate you, you are a stained man.

    Hi clitoris chopper, you islamists support clitoris carving. You are Islamic, and of course are a fucking animal. I hate you you pull-start camel jockey lover. Towelheads, Camel Jockies, Sand Niggers, Ackmids, Abeebs, Carpet Flyers, Dune Coons, Rag Heads, Sand Scratchers, Habeebs, Abba-Dabbas, Camel-Humpers, Demi-niggers, Fig-Gobblers, Hucka-luckas (hucka hlacka ghalcka ghugh), Lefties (If you steal, you lose the right hand so, since they are thieves...) Ocnods, Pull-Start-ables (imagine pull starting Ossama's dirty rag like a Briggs and Stratton), Roach-Ranchers (habibs cant kill roaches by a tenant of Is-slum), Sand Moolies.

    Shut up all you dirty fucking Islamic pigfucking swinehundts and the pigs, the communist fuckin Islamic terrorist supporter.

    Take your fucking Koran and cram it up your ass. The sooner the earth sees Islam leave it, the better off it will be. Your Koran is Goat Piss.

    I hope if there is a God and a Hell, you have to drink the liquidy shit from a Pig's ass, and Jewish Rabbis defecate on you.

    I hate the stupid ISLAM fucks who read into the trash they come up with. Saddam Hussein [who needs to take a dirt nap] is higher on my sanity list than fucking Muslim "clerics." In fact, I like Saddam more than most of the other Arab leaders because he is secular. We should fucking nuke the Saudis and Mecca and Medina and turn it into rubble, then tell Saddam to remove the heads of all the buttfucking "royalty" in the area.

    I want to wipe my ass with Mohammad's shroud. I want to grind his body up into bone meal and fertilize my garden with it.

    Our tortured dead scream out in HORROR, asking for vengeance:

    1. Kill all Camel Jockeys.
    2. Kill all Mohammedans.
    3. Kill all Dune Coons.
    4. Kill all Rag Heads.
    5. Kill all Towelheads.
    6. Kill all Arabs.
    7. Kill all Camel Rooters.
    8. Kill all Osama Bin Laden supporters.

    Nuke their countries to hell.
    Nuke them again.
    Death to Islam.

    I piss on Mecca. I wipe my ass with the Koran. I shit upon Mohammed. I wipe the cum for a freshly fucked pussy with Mohammed's shroud then throw it in the pig sty so it can mire in pig shit as it decomposes.

    I only hate with words, you fucking wet towel fucking scum killer, you maim, your terror bomber. You will be judged and cast away by the powers that be, your death will get none of my pity and you will have precipitated it upon yourself, YOU xenophobic pieces of shit, your elitist religious country club will be your own undoing.. In the great continuum that it time your are those who serve to disrupt it by ending the brilliance and lives of those who your zealous foul religion call heathens and infidels. Your death will be celebrated, you will not be missed. My rhetoric is a reflection of my anger at your, your Islamic death leaders, and your religions unwil