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Will Legal P2P Music Distribution Succeed?

SnowWolf2003 writes "It looks like a couple of people are trying to find a way to distribute music legally over P2P networks. The latest is Mercora (with more information here). Also Napster 2.0 is due for release sometime next week. Can any of these Windows alternatives to Apple's iTunes compete though with the inherent restrictions built into the wma format? Note MusicMatch has just launched a windows based service with fewer restrictions equivalent to the iTunes policy. More importantly, can these P2P services lure enough people away from restriction free Kazaa to make themselves successful, where P2P networks rely on a large user base?"

260 comments

  1. Legal P2P Won't Succeed by Luigi30 · · Score: 4, Insightful

    It won't. As long as there is a free alternative, no matter what the chances are of getting sued, some people will use it. Why? Because they don't want to pay for that kind of stuff. Some people are too cheap to pay a dollar per song, or something like that, and want to just get loads of music, illegally or legally.

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    1. Re:Legal P2P Won't Succeed by UnuMondo · · Score: 4, Insightful

      I don't understand why this was modded down, and it was going to be my response as well. The era of paying for music is over. People are already getting used to the idea of music and movies being free through P2P services. Sure, you might get a better experience if you buy the album with its art and CD-quality sound, and seeing a film in the theatre is a much more enjoyable experience than DiVX, but these new legal services don't offer anything that P2P doesn't. Their restrictions and the idea of paying for music seem unacceptable, and they cannot compete.

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    2. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0
      It was downmodded by bust_first_post.pl. Or a moderator on the cheap $3 crack.

      ~~~

    3. Re:Legal P2P Won't Succeed by Disco+Stew · · Score: 1

      Mod parent up. This was also going to be my response.

      If there was a gas station that gave out free gas without windshield washing bins, the convenience store, was filthy and tended to break every now and then; there would always be people willing to deal with the cons than pay. On the other hand, there will be people who will pay for gas, just to feel like there going to a place that makes them happy.

      --
    4. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 2, Insightful

      I agree completely. As long as I can steal the music, why should I pay? I may not have any morals, but I have plenty of music!

      The music industry is different from the movie industry in that music videos and songs are played over the airwaves for free (except that I have to listen to and watch commercials). Then, they expect me to purchase a license to those songs. Bollocks!

      The movie industry at least gives me a little taste with trailers. If I'd like, I can go see the feature in a theatre, or wait until it is available for rental or purchase. If I decide to purchase the movie, it generally costs about $15.00 --- the same amount I'm expected to pay for an audio CD!!!

      I believe the music industry's biggest problem is that the typical song is less than 4MB in size. No matter how cheap they make their CDs, the inconvenience of d/l the "good songs" on an album costs far less. They can't sue everyone.

    5. Re:Legal P2P Won't Succeed by kfg · · Score: 4, Insightful

      You're right. I'm too "cheap" to pay a dollar a song to download.

      I've got two copies of John Hartford's "Aereo Plain" here. That's right, I've purchased it. Twice. It appears I'm not simply cheap. There must be more to it.

      There are 16 songs on the album. I payed ten bucks for the vinyl. Ya know, that stuff that's quite a bit more expensive to manufacture and distribute than CDs? For that ten bucks I got a large, "officially licensed" physical object. With cover art, liner notes and because it's an actual object I've been able to enhance it's value, both monetarily and to myself as a keepsake, by having the entire band autograph the disc itself. I can help preserve the disc by taping it (or making a digital file of it) and playing that, as a right guarunteed me by law.

      I also have the CD. Rather smaller, so the cover art is less impressive. In at least one respect I'm thus getting less for my money, but they've at least made up for it with moderately extended liner notes and really nifty painted disc.The disc itself is actually pressed, not burned. I could have the entire band autograph this as well if John hadn't just died a while ago.

      This too I can preserve as a master and make a digital file of to listen to if I wish. Legally. Play that file on any computer or portable player I wish to as well.

      $14.99 at Amazon. I've now spent twentyfive bucks on this album. I'm not cheap.

      A buck a song would be sixteen bucks ( and remember this was originally an LP. Some CDs have more songs than that) for which I would get. . . some crappy rip of a propriatary file format that restricts what I can even do with it and where I can play it. Maybe I can't even burn it. If I can it's a CD-R, not a pressing.

      Didn't we just have a story on the shitty lifespan of burned discs?

      I'm not cheap, but yeah, I'm too "cheap" to pay a buck a song for a DRMed crappy download.

      About a quarter a song seems right. Five bucks an album.

      Oddly enough, since I'm not "cheap," if I really like it I'll end up wanting to buy a professionally pressed and packaged CD (a REAL CD) for ten bucks later on.

      Go figure.

      KFG

    6. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      If there was a gas station that gave out free gas

      or rather, failed to secure the gas they were quite reasonably trying to sell against people who would steal it. If everyone marched on Exxon simulataneously there's not a lot the police can do about it but it dosn't mean Exxon are giving away free gas.

    7. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      > Some people are too cheap to pay a dollar per song

      True. But in my case, I would pay a dollar per song, but I don't want to have to give up my privacy to pay for it. Currently, I know of no way to pay for online goods/services without giving up my anonymity and privacy.

      For me, the privacy of P2P is a bigger advantage than the price.

    8. Re:Legal P2P Won't Succeed by JayBlalock · · Score: 4, Interesting
      Gotta disagree. We live in a world where Capitalism is burned into people's brains. Someone produces something of value, you *should* pay for it. If a band produces good music, traditional social programming tells us, they should be rewarded for it.

      There is also a measure of self-interest in that. If I enjoy Band X's music, I am going to naturally want MORE of their music. If no money is reaching them, they won't be able to continue making music, and *I* lose out. One need only watch 'Amadeus' to understand that principle. (how much richer would our musical history be if the Emperor hadn't stiffed Mozart?)

      The rampant piracy isn't caused by people being evil, immoral cheapskates - it's caused by consumer perceptions of value being greatly reduced. Most people know - on some level or another - that CD prices are wildly inflated. That the record labels use radio and advertising to trick people into buying CDs that aren't very good. That the RIAA does everything they can to NOT pass money onto the artists. Outside of those who've been completely deluded by RIAA propaganda into believing Fair Use rights don't exist, most people are at least vaguely aware of this.

      People know music should be FAR cheaper. Most people (not your hardened l33t d00d w4r3zRz) feel at least a vauge twinge of conscience when they download music they really like without paying for it. (as opposed to 'trying out' bands in search of good stuff) And most would be willing to pay if A)the price was more in line with their current perception of its value, and B)they knew the money was going to support artists and not bloated mega-corps.

      (I've been chatting with the guy who runs Magnatunes, he says the purchasing response to his site has been great.)

      I got bored one day and worked out a model of how the RIAA could offer unlimited-download licenses for $20 per month (using the existing P2P services as the point of purchase), and still increase their profits greatly. It sounds completely counter-intuitive, that they could profit by allowing people unlimited downloads for the price of one CD, but it all worked out. I was estimating billions more in profits in the US alone. (and secondary benefits spread all around that benefitted *every*) And contrary to your overly slanted take on the situation, I firmly believe that if you told someone "For $20 a month, you can legally download all the music you want, paying the labels and artists," most people of sufficient means WOULD take up that offer.

      Music doesn't want to be FREE. It just wants to be a lot CHEAPER.

      --
      Bush: He's Liberal in all the wrong ways.
    9. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      Some people are too cheap to pay a dollar per song, or something like that, and want to just get loads of music, illegally or legally.

      Then go here

      Mainstream artists. No DRM. Individual songs for 5-10 cents. Complete albums for 50-80 cents. 128-192kbps MP3 files. Accepts PayPal, Visa, Mastercard.

      I have no affiliation with these folks, I just like to see the RIAA squirm :-) There is nothing the RIAA can do about this company because it's totally legal. Not every country is crippled by IP laws like the US.

    10. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      Music doesn't want to be FREE. It just wants to be a lot CHEAPER.

      It already is...

      Mainstream artists. No DRM. Individual songs for 5-10 cents. Complete albums for 50-80 cents. 128-192kbps MP3 files. Accepts PayPal, Visa, Mastercard.

    11. Re:Legal P2P Won't Succeed by uncoveror · · Score: 2, Interesting
      Maybe you are right. P2P networks are like a radio stations in the past that took requests. They deliver what listeners want much more effectively that today's radio, which palys the same 40 songs ad nauseum. Radio and MTV dropped the ball, Napster picked it up.

      Maybe, however, one or two paid P2P networks will be viable like satelite radio if they can guarantee that there are no viruses or spyware. (Kazaa is a cesspool of both.) To get any customers, they will also have to abandon placing any restrictions on customers' property rights. Once a customer buys something, it becomes his or her personal property. The seller loses any right to tell customers what they can and can't do with their personal property once money has changed hands. This is simply how commerce works, and the recording industry needs to accept it. Until they do learn to repect customers, don't buy CDs.

      --
      The Uncoveror: It's the real news.
    12. Re:Legal P2P Won't Succeed by JayBlalock · · Score: 1
      Forgive me for not believing that an MP3 service based in Russia is serving out copies of songs that would be considered legal in the US.

      Here's one that is: Magnatune.

      --
      Bush: He's Liberal in all the wrong ways.
    13. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      About a quarter a song seems right. Five bucks an album.

      Ok, here ya go!

    14. Re:Legal P2P Won't Succeed by Have+Blue · · Score: 0, Insightful

      If the era of paying for music is over, the era of music is over. As long as creating music isn't free, the creators will want to sell it and try to prevent people from sharing it. And why shouldn't they? Do you have a right to free music?

    15. Re:Legal P2P Won't Succeed by CGP314 · · Score: 1

      The era of paying for music is over.

      I agree and don't. I think the era of paying for recorded versions of songs may be coming to an end, but artists will still make money on live performances.

    16. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      Bill Gates is an All American Hero standing up against all those foreign countries and making them send their money to the US year after year with every new version of windows all for the benefit of US citizens.

    17. Re:Legal P2P Won't Succeed by I_redwolf · · Score: 1

      This is untrue, sure there will be people who don't won't to buy anything at all. They are called thieves. However people like me aren't jumping on the current services because they don't offer me anything I want. What I want is the right to play my music anywhere and to do anything with it in a standard format. If it's a special format, I won't deal with it and no avid music collector is either. It just puts their collection into jeopardy or so they think. I'm technically inclined enough to know there are certain round the corner tricks but your average music collector out there doesn't want to hear "special format" or "special client". These type of people also don't use p2p; and it has nothing to do with free. It has everything to do with the quality and clarity of tracks.

      If Itunes for instance all of a sudden offered high quality tracks in a standard format like mp3 of an abundance of artists for 1 dollar a track including photos, cd art, bonus tracks you could download or movie downloads.. including a service where you'd pay 20 bucks a month or so to get everything put out by that artist that month or 50 bucks to get all the live shows recorded or any number of extras.. THEN.. I'd be jumping over people left and right to swipe my card. It's new, I get more stuff for my collection, it's a standard format I have now and it's high quality. By the way when I say standard I mean a format unencumbered by specifics and that is largely playable on almost anything ie MP3. I'd take ogg if it had more hardware players but that's been slow and it seems hardware manufacturers are playing flaky.

      Right now Itunes offers nothing special to make people who haven't used p2p or the ones who have been downloading copyrighted music for free anything different. It's more of the same in a different fashion. Sure, people want to easily download their music but they also want quality, extras and new whizbang services they've never heard of. The same goes for TV shows.. I know at least 30 people who want the simpsons episodes on DVD etc etc.. The only TV show I know of that has been making stuff available is South Park. I've seen Beavis and Butthead but really who wants that shit on dvd?? It's like the MPAA and the RIAA and the media in general don't want to offer anything at all.. except the same exact music/movie packaged in an overpriced cd/dvd for our pleasure?? Been there done that.. I purchased one cd this year.. ONE.

      RIAA/MPPA do yourselves a favor and get your head out of your asses and stop litigating and start selling people the stuff they obviously don't know they need yet.. Like a subscription to download all the live shows of a specific artist or all revisions of a certain song.. or ultra high quality audio THX 3d mastered.. etc etc on and on and on.. the MPAA has done an excellent job with dvd's, their problem has alot more to do with 12 dollar movie tickets for a film that's worth 5 bucks. If they would stop putting out shit movies or movie theatres charging obscene prices to see a fucking shitty ass film alot of people wouldn't feel the need to go to blockbuster and/or buy the bootleg. Fire your new execs and hire the people in hollywood who knew a good movie when they saw one. It seems you guys fucked up in that respect, if they've retired.. hire them back on as consultants or something. The new breed is turning hollywood into something I don't want, far less, want to watch.. I feel bad for good actors like Denzel who have to deal with shitty ass movies.

      Done and done.

    18. Re:Legal P2P Won't Succeed by Dysprosio · · Score: 1

      Maybe if you live outside the US, a dollar is quite a lot of money. When you think that only the richer 10% in Brasil can afford a U$400 computer.

    19. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      The real problem with P2P and the mass prolifiration of MP3 is that the mass public have been brain-washed by liars in the marketing industry peddling products and hardware into believing that MP3's are "CD-QUALITY" Audio, when infact they are noticably not so.

      it's Just that most people can't tell the difference because why should they care? most people's computer Speakers aren't up to much anyhow..and most MP3 players are designed around the poor quality MP3 sound anyway until it sounds vaugley acceptable to the average joe. People thus believe they are getting good value with MP3 when infact, they are not. You suffer in lower quality audio and possible insustainability of an otherwise perfectly acceptable industry. (if you sign a contract, you accept it).

      This is why most artists are jumping on the MP3 bandwagon. Most musicians and artists know for fact that MP3's are simply *NOT* cd-quality audio because anyone with a trained ear and fairly good set of speakers can hear the difference between the quality of MP3 audio and real CD-QUALITY audio for themself easily!

      MP3's are NEAR CD-QUALITY audio, and not actual CD-QUALITY audio by a longshot.

      Bands thus like to use MP3's as a distribution medium for there content, because they know that anyone worth anything will buy the CD anyway if they actually like what they listen too. Most artists with any kind of sense view MP3's for what they actually are : a preview of the real thing. And that's all an MP3 is to me. And that's all an MP3 should be to you.

      With MP3's you the consumer are being ripped off. You are simply not getting what the advertisers claim you get. and that is a known fact. pretending otherwise and acting like you are some "freedom for the love of the world" kind of activist when you use a p2p software instead of buying a CD, just show's how dumb you are. Stupid actions after-all, get stupid results.

      You only have yourselves to blame for the RIAA's concequences they have thrust upon you for believing in the mp3 marketing hype and riding on the P2P/Freedom/Activist tripe. You are the one's to blame for your actions. NOT the RIAA, YOU. Don't even try that Fair-use crap on me, theft is theft - and it's as simple as that. In conclusion, By using MP3's and related services - you are simply being ripped off. And you deserve, more than that!

    20. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 1, Insightful

      Copyright and being paid for each copy of one's music are recent concepts. For thousands upon thousands of years musicians were not paid for each performance of their music. Nonetheless, art was produced in huge quantities. There will always be people out there who are so inspired that they will create even if they won't see a dime from their work. Artists may be happier if they receive money from each CD sale, but the idea that art will disappear if the current funding scheme does is ludicrous and entirely ignorant of history.

    21. Re:Legal P2P Won't Succeed by Psychotic_Wrath · · Score: 0

      Another reason for not wanting to pay for this stuff is that the companies arent even providing you with the Files. You are providing them to other people. Why should you have to pay to give something.
      That is the Cost of P2P. You have to use your bandwith to upload things, unless your a leech.

      --

      Doctors do Massage in Longview WA now, who knew?
    22. Re:Legal P2P Won't Succeed by 3terrabyte · · Score: 1
      I'm curious to think of what you think of MP3's encoded with LAME -alt preset standard.

      Instead of the 128 bit Xing Encoder that you speak of.

      --

      Why are there only 19 people folding@home for slashdot?

    23. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 1, Interesting

      Well, I have no musical talent, so composing isn't something I can do. However, I have produced a fair amount of literature (translations, mostly) that I have put out as both free as in speech and free as in beer. I understand that if I produce something, and already have a decent job that pays me enough, there's no reason not release the results of my hobbies to the world.

    24. Re:Legal P2P Won't Succeed by Fweeky · · Score: 4, Informative
      This is untrue, sure there will be people who don't won't to buy anything at all. They are called thieves.

      Please stop equating copyright infringement with thieft. It dilutes the term; thieves are the scum who broke into my friend's car and took my digital camera, clothes, books, etc. Thieves are the scum who broke into another friend's house and took 20K UKP worth of stuff, including his pile of CD-R backups containing the source-code that is his job. Thieves are the scum who deprive other people of their rightful property and security.

      They are not people who get unauthorised copies of software or media -- they aren't depriving the owners of anything, much of the time not even potential sales.

      Piracy is a similarly poor choice of term -- pirates are scum who murder, terrorise and steal from ships and the like. Equating them with people who copy and distribute media is like calling litterbugs rapists.
    25. Re:Legal P2P Won't Succeed by Feztaa · · Score: 2, Interesting

      Lol, people won't stop making music just because they can't make money at it anymore. There will always be the people who make music because they enjoy making music, much like the people who write software because they enjoy writing software.

      Look at websites like IUMA, tons of free, legal music from independant and unsigned artists.

      (Good) musicians can still make a living off of live tours, ever heard of the Grateful Dead?

    26. Re:Legal P2P Won't Succeed by westlake · · Score: 1

      For thousands of years musicians and composers were subsidized by the state, religious institutions and supremely wealthy private patrons---a tradition that has been severely weakened in the United States.
      But it would be difficult to name a significant Western composer or musician active within the last 1000 years who didn't receive substantial outside financial support.

    27. Re:Legal P2P Won't Succeed by Disco+Stew · · Score: 1

      I was in a rush earlier; didn't really think about what I wrote.

      You are correct, my analogy was horribly inaccurate :-)

      --
    28. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      thieves are people who walk into a store and steal a book or a cd or a dvd - how come they are thieves when they do that, but copyright infringers are not? Because they can hide behind the annonymity of their computers?

      Just because most current THIEVES of intellectual property are mostly nice little white boys and girls sitting in their middle and upper class houses with broadband does not make them any different that the 'scum' who stole from your friend.

      This is just like the distinction between the Wall Street inside trader/Enron type thieves and a guy who sticks up a 7-11: the stickup guy is 'scum' who goes to jail, the Wall Street type gets off because after all, he's not 'scum'.

    29. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0
      So you think that all artists should do work simply as a hobby? And you don't think that the quality of music and other artists would diminish if that were the case?

      The question here is, "What is worth being paid for?" Why should whatever it is that you do for a living be something that our society values enough to pay for, but music and other arts not be something that our society is willing to pay for?

      It seems to me that esentially what you are saying is that the time of these artists is something that you value less than the most menial of tasks, since you expect it to be done for free. And if that is the case, it seems to follow that you would not care if there were a lot less art in the world. Is it true that you really don't care? If that is true, then I feel sorry for you.

    30. Re:Legal P2P Won't Succeed by RAMMS+EIN · · Score: 1

      I mostly agree with your post, though I don't really agree with your last line: ``They can't sue everyone.''

      I think there is a chance that they can. People sued and found guilty get to pay high fines. The music industry hasn't really been losing turnover over P2P. The same may or may not be true of the movie industry. So money isn't their problem.

      Of course, it takes time to track down and sue everyone. However, they have demonstrated their ability to create legislation, so what prevents them from getting a law instantiated that will allow them to collectively sue every alledged offender? Such a law may not even be a totally bad thing to have...

      Meanwhile, I'll just keep listening to my CDs and good ol' radio, going to cinemas (any girls who'd like to come along?) and waiting for the songs that I would buy if they weren't so freaking expensive to become a little cheaper (a dollar a song is good enough).

      --
      Please correct me if I got my facts wrong.
    31. Re:Legal P2P Won't Succeed by blitziod · · Score: 1

      well that is an interesting way to look at things. I mean if recording music is getting cheaper and cheaper all the time, and now music distribution can be basicly free with p2p, why have a "recording " industry at all? The artists really do not need the " recording industry" all they need is a PR company to help promote them. the people who DL the songs will pay for tickets to see them live. One might even say that the songs release would just function as an "ad" for the artist's show. with as little as an artist makes from CD sales, I do not think this model is sucha bad idea. It will nto however work for movies.

      --
      The only way to bust a doper--is when you yourself become a smoker!
    32. Re:Legal P2P Won't Succeed by blitziod · · Score: 1

      for legal p2p to work out, prices have to come down. It is silly for me to pay 1.00 a song to DL an mp3. The whole idea behind a download model for distribution is to make the music cheper by reducing the cost of delivery to the consumer. Untill record companies see this, then no DL service will work.

      --
      The only way to bust a doper--is when you yourself become a smoker!
    33. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      I totally agree with your entire statement. Nice job. Well, I agree more on the 25 cent song deal. If there was a service out there much like emusic that had a liscence to "sell" RIAA label members then I would more than likely join up for it.

    34. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      >>>thieves are people who walk into a store and steal a book or a cd or a dvd - how come they are thieves when they do that, but copyright infringers are not? Because they can hide behind the annonymity of their computers?

      Because, when someone shoplifts, it actually deprives someone else of physical property. When someone makes a copy of a copyrighted work, it deprives the owner of that work of nothing.

      In fact, if you just download copyrighted material and don't distribute it yourself, you have not done anything illegal. You have committed copyright infringement, according to recent court interpretations, if you make copyright recordings available for others to download.

      But that's beside the point, I'm not convinced that p2p 'piracy' actually hurts sales of copyrighted works, and regardless, I don't think copyright law should be invoked unless it was traditional piracy where someone was copying works and selling them in competition with the copyright owners. Personally, I think its just a scapegoat, to blame customers for declining sales, and back in the days when I used Napster extensively, I also bought more CDs than I did at any other period in my life, and this was NOT a coincidence, this occurred BECAUSE I engaged in filesharing. This was also what I obvserved in almost all of my friends, high activity in filesharing was correllated with massive CD collections and frequent purchases.

      Now, I don't do filesharing, and I buy fewer CDs, both because I'm not exposed to as much new music, and because I refuse to buy from any RIAA label as long as the RIAA is going to abuse the legal system and sue its customers. If I *HAVE* to have a CD, I go to the used CD stores to look for it.

    35. Re:Legal P2P Won't Succeed by inredble · · Score: 1

      Interesting...I agree with Fweeky. Let's develop a term that's more appropriate for people who infringe copyrights. Off the top of my head, I suggest "copywrongers". :-)

    36. Re:Legal P2P Won't Succeed by hkmwbz · · Score: 2, Insightful
      Artists can get money by doing concerts, appearances, and so on. Free distribution of their music could actually contribute to more fans, and as a result, more people come to their concerts.

      If the era of paying for music is over, then music will continue to exist, but the record labels will of course try anything to stop what seems to be inevitable.

      I am sure horse carriage makers were more than a little peeved off when cars took over. Too bad for them. Change your business model or go out of business.

      --
      Clever signature text goes here.
    37. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      Legal P2P wont succeed until there is a no nonsense, eat all you want download model, without catches, and is cheap.
      Less than the cost of a daily newspaper.

      Charging per song is too troublesome - only prepaid or flat rate is acceptable, monthy billing, as mobile phone companies have found out.

      The technical problems about people wanting (expect demand) to transfer their music between home and work computers, and what happens between upgrades, has to be worked out better.

      Offer High quality, high resolution, otherwise people will rip and distribute their own.

      MP3 CarCD players are about to make radio stations and commercial listening obsolete. I predict the future will be broadcasting 'download keys' on air so that people tune in.

      To keep revenue, high quality, cheap, unfettered downloads have to come. In the meantine, tell the commercial survey guys MP3 and DIVx, is what you watch. Tell them you watch the game on TV, but the sound is off, and the stero system tuned to commercial free commentary.

      The effectivness and efficiency of paid commercials is going down the toilet . This is why RIAA wants to forestall commercial free mediums.

    38. Re:Legal P2P Won't Succeed by orionware · · Score: 0

      The problem with this argument is the music industry operates much the same way they did decades ago. Play the numbers game, saturate the market with copy-cat what's the current hot thing cookie-cutter crap and do the bare minumum required to satisfy the buyers to maximize profits.

      They haven't innovated shit. They didn't even have much to do with the format their music is delivered on.

      There is no band loyalty anymore like there was 15-20 years ago. Everything is a one hit wonder now. A handful of bands can actually pull off two successful albums these days. that's the real reason the industry has almost completely killed the single. People were buying the singles and not the more profitable albums

      Their cash crop has turned into nothing but a pile of fertilizer and they don't know what to do except sign more hardly talented hacks with studs in their noses and lips.

      emusic.com baby...

      --


      Karma means nothing to me, so suck it...
    39. Re:Legal P2P Won't Succeed by I_redwolf · · Score: 0

      Listen, you're free to call it what you want. Taking something that does not belong to you is called theft. If you want to use another term, then so be it. I'll use theft because thats what it is regardless of it's form.. Again taken something that does not belong to you is THEFT. You are depriving the rightful owner of his or her rights to the property, whether it be intellectual, physical or whatever. To say that because you make an exact digital copy you're not depriving anyone means nothing as you would have to have access to the original in order to make an exacting copy. So you're still depriving one of their right to gain monetary value for their blood, sweat and tears in the form of intellectual property. What do you want to call it?? Stealing? Borrowing, what? People who inact this behavior and thieves; knowingly or not they are denying one the right to monetary gain of their intellectual property. Now there might be many reasons for this, the person who owns the intellectual property might be price gouging or whatever have you but two wrongs don't make a right. You can't have your cake and eat it too.

    40. Re:Legal P2P Won't Succeed by iamacat · · Score: 1

      I think you got it backwards with subscription vs per-song. Why should I keep paying $10 or whatever per month when I didn't find a single song I want to have? I know I wouldn't subscribe to this kind of service. On the other hand, if I like a particular song, it seams reasonable to pay a price of a cup of coffee.

      The difference for phone companies is that most people make lots of phone calls and generally have no control of their talk time. I bet someone who only makes a couple of calls per month will find using a public phone more reasonable than subscribing to any service.

    41. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      any girls who'd like to come along?

      If you have to ask this question to /. then the answer is probably No.

    42. Re:Legal P2P Won't Succeed by 00420 · · Score: 1

      So you're still depriving one of their right to gain monetary value for their blood, sweat and tears in the form of intellectual property.

      I have never had any intent to buy music that I have downloaded form p2p networks.

      Right now I'm going to school, and am _very_ poor. If I could afford to pay $17 a CD or even $1 a song (for something better than mp3 quality) I would, but I can't.

      So the only thing I have deprived these artists of is a sale that wouldn't have happened anyways! Another note is many of these musicians would probably be happy that I enjoyed listening to their music even though they didn't make any money off of it.

      If you still wish to consider this theft, you are of course entitled to your definition.

    43. Re:Legal P2P Won't Succeed by I_redwolf · · Score: 0, Troll

      So the only thing I have deprived these artists of is a sale that wouldn't have happened anyways! Another note is many of these musicians would probably be happy that I enjoyed listening to their music even though they didn't make any money off of it.

      If the sale wouldn't have happened then you're use of the intellectual property shouldn't have happened. You're depriving the artists the right to make a buck by using or enjoying their intellectual property without reimbursing them for that property. In other words, you're practicing theft. If the "muscians would probably be happy that you've enjoyed listening to their music even if they didn't make any money off of it" then they should explicitly state so. In which case you wouldn't be stealing because they gave you the right to listen to their music freely without reimbursement. There are other cases where you'll over hear a song or hear a tune on the radio or somewhere in a public/private area that you might like and swapping is going to happen regardless; that's ok. Outright downloading a song because you can't afford to pay for it is stealing. It's the same as you stealing a BMW off the manufacturers line because you can't afford to pay for it. In this case you deny the manufacturer the right to profit off the actual property.. just like you deny the muscians their right to profit off their intellectual property. Exact copy or not, you deny them that right and unless they grant you rights to use their intellectual property for free you are stealing and I still consider it theft. As I said before you person and others are free to call it whatever you want so long as we both agree that it deprives the artist/creator of the intellectual property a right to profit from it.

    44. Re:Legal P2P Won't Succeed by abertoll · · Score: 1

      And one of the reasons why that era is over is because the recording companies didn't decide to switch over. Do they even know what kind of an impact they could have had on the way people THOUGHT about copying music if they hadn't tried to shut them down? If they would have pleaded with sensibility, sure there'd still be people who copy, but a lot more people would feel it would be the "right thing to do" to obtain it legally. Futhermore, they could have spent their time and energy trying to find ways of enforcing this instead of wasting all this time and effort making people hate them.

      --
      "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
    45. Re:Legal P2P Won't Succeed by abertoll · · Score: 1

      I agree $1 per song sounds too much to me too, but some people may argue that $1 per song is a "good deal" because often you have to buy an entire album just to get one or two good songs that you want. (But then again who is ripping who off here?)

      But even though it may be a testament to your ethics, I would say people like you are in a minority. I doubt many people would go out and buy the album after they already have a copy due to either morality or wanting a keepsake. Maybe most slashdotters would, maybe most open sourcers would (have you noticed that often open source people have good morals?), but I seriously doubt the general public would. ...unless of course there were some kind of publicity for "doing the right thing."

      --
      "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
    46. Re:Legal P2P Won't Succeed by abertoll · · Score: 1

      ... and I don't mean "publicity" for the person, but more like media support, public education, society looking down on song stealing, etc.

      --
      "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
    47. Re:Legal P2P Won't Succeed by 00420 · · Score: 1

      If the "muscians would probably be happy that you've enjoyed listening to their music even if they didn't make any money off of it" then they should explicitly state so.

      Well, it's not their place to do that. The recordings are owned by the record companies.

      Honestly, if I could just give the musicians their cut of the sales I would do it, despite the fact that I don't have much money. But, I do not feel bad whatsoever for depriving the RIAA of its profits, regardless of whether it's defined as theft or not.

      Also, if I could make a copy of a BMW I would gladly do it (although I'm not sure if lossy compression would be safe with a car).

      All that being said, you do make a good argument, and I do understand where you are coming from, but I still believe theft is too harsh of a word, and another word should be used instead.

    48. Re:Legal P2P Won't Succeed by xenobyte · · Score: 1

      Again taken something that does not belong to you is THEFT.

      No, that's sematically incorrect. If you DEPRIEVE someone of something it's theft. You imply that making a virtual copy is the same as removing a physical object - it isn't.

      A theft involves a loss and a gain. The loss of the owner and the gain of the theif.
      But most P2P sharing doesn't even satisfy one of these!

      The owner doesn't loose anything. The downloader usually wouldn't buy the song for various reasons if downloading wasn't available, so there's no loss of sale or anything else. And the downloader doesn't profit in the monetary sense from his downloaded song. Sure he gains a cultural/emotional experience when listiening to it, but then so would he is he listened to it on the radio and that's free, so that doesn't apply.

      So theft is a most incorrect term to use for this. You might as well call it drunk driving or murder. The relation is about the same as theft to the actual offense being committed.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    49. Re:Legal P2P Won't Succeed by I_redwolf · · Score: 1

      No, that's sematically incorrect. If you DEPRIEVE someone of something it's theft. You imply that making a virtual copy is the same as removing a physical object - it isn't.

      What don't you understand? You're depriving the artist their right to gain monetary value for whatever intellectual property you have downloaded. It's the not same as removing a physical object because it's not a physical object,

      The owner doesn't loose anything. The downloader usually wouldn't buy the song for various reasons if downloading wasn't available, so there's no loss of sale or anything else.

      If the downloader usually wouldn't buy the song for various reasons if downloading wasn't available. They shouldn't download the song for those same reasons now that the song is available for download.

      And the downloader doesn't profit in the monetary sense from his downloaded song. Sure he gains a cultural/emotional experience when listiening to it, but then so would he is he listened to it on the radio and that's free, so that doesn't apply.

      It's free to listen to on the radio because it's assumed the listener will listen to the ads that companies have paid for to allow the listener to freely hear the song. Even if he/she happens to hear one ad that is enough. Do alot of people listen to ad's? Probably not I know I don't I switch the station. I do gain from the listening experience though otherwise I wouldn't listen. The art of appreciating ones music enough that you'd pay for it usually makes the difference between that artist making more music.

      So theft is a most incorrect term to use for this. You might as well call it drunk driving or murder. The relation is about the same as theft to the actual offense being committed.

      Yes, I might as well call murdering a human being in cold blood or drunk driving with a 2,000lb weapon, theft, as their relation is about the same. Right.

    50. Re:Legal P2P Won't Succeed by I_redwolf · · Score: 1

      Well, it's not their place to do that. The recordings are owned by the record companies.

      Right, this is where civil disobedience makes a difference. No one told the artist to sign with the RIAA but then if they didn't would you have heard of the artist? Eventually but it's highly unlikely. So what does one do? The artists says "Listen my music is free for download, if you wanna download it, download it". The RIAA can then kiss my ass, as downloading would be my act of civil disobedience. Artist aren't doing that however, they are on the side of the RIAA and are actually making commercials saying "Downloading is bad, please don't do it.. I can't buy my new bentley of the week now.. I have to wait every 2 weeks just to get a new car". However, people still download their music and by doing so give the RIAA and artists leverage against p2p networks. If people didn't download the crap and stopped buying music.. that would make a statement.

      Honestly, if I could just give the musicians their cut of the sales I would do it, despite the fact that I don't have much money. But, I do not feel bad whatsoever for depriving the RIAA of its profits, regardless of whether it's defined as theft or not.

      If you really like the artist but can't afford a large sum of money for their stuff. There are many ways I feel one can get over this hurdle, including getting a friend to purchase the cd or everyone chipping in and getting the CD or buying it used or going to one of the concerts during the summer or buying a poster, action figure or whatever else the artist has. Different streams of revenue go back to the artist, albeit small but it does reach the artist.

      Also, if I could make a copy of a BMW I would gladly do it (although I'm not sure if lossy compression would be safe with a car).

      You can make an exacting copy of a BMW with the manufacturers spec. You just have to own the same plant and robots as BMW... Kinda like you owning a computer to make an exacting copy of music. So once everyone owns a plant and robots do you think making exacting copies of BMW's will be legal?

      All that being said, you do make a good argument, and I do understand where you are coming from, but I still believe theft is too harsh of a word, and another word should be used instead.

      So, what's this word?

    51. Re:Legal P2P Won't Succeed by cens0r · · Score: 1

      The music industry is different from the movie industry in that music videos and songs are played over the airwaves for free (except that I have to listen to and watch commercials). Then, they expect me to purchase a license to those songs. Bollocks!

      The movie industry at least gives me a little taste with trailers. If I'd like, I can go see the feature in a theatre, or wait until it is available for rental or purchase. If I decide to purchase the movie, it generally costs about $15.00 --- the same amount I'm expected to pay for an audio CD!!!


      What crack are you smoking? Playing audio over for free over the air or on MTV is the same thing as a trailer. They are both samples of a larger product intended to get you to purchase the whole. Does that mean that since they give me a trailer for free I should get the whole movie for free? The whole CD cost between $10-$15, where the trip to the theater costs about $8, a cheaper price but far less useability. Now of course, you can wait until the DVD comes out and then the price and useablitity of the DVD is the same as the CD. However, even my most watched DVD has probably been watched less than my least listened to CD.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    52. Re:Legal P2P Won't Succeed by ajs318 · · Score: 1

      Bollocks. You are talking out of your arse.

      For as long as there have been such things as could be called instruments, people have been making music.

      The idea that people won't make music if they don't get paid for it is absurd. In my home town of Derby, you can stand in the market place on any night of the week, walk in any direction and before you have gone a mile you will find a pub with live music {either that, or you'll fall in the River Derwent}. These people are doing it for beer money, but you can tell they're loving every minute of it. I have no reason to suppose Derby is particularly special {apart from a plentiful and diverse supply of real ale, thanks to being just up the A38 from Burton on Trent} so the situation should be similar in many if not most cities.

      Without big money, there won't be things like Pop Idol XVIII, there won't be boy bands, girl bands, soap opera stars turning into pop stars and whatever. Nobody will mourn their passing - well, maybe the fatcats, but they are not necessary. What there will be is what there has always been - raw talent and real passion. People will be playing music for the sheer love of it rather than for the money, and that's an important distinction. Anything done for love is just better than the equivalent thing done for money. If you're not getting paid for it, you are not going to carry on with something unless your heart is really in it. If you are getting paid, you're more likely to do half a job just so you can get the pay cheque at the end. That is how money taints and corrupts.

      --
      Je fume. Tu fumes. Nous fûmes!
    53. Re:Legal P2P Won't Succeed by Anonymous Coward · · Score: 0

      p2p for music can succeed..although you might have to change the definition of what it means to succeed....

      be that as it may... i find the conversations having to do with copyright infringement vs. theft interesting... regardless of what you call it.. if you work your ass off for something... does anyone have the right to walk off with your work/work outcome without you or someone telling them that it's ok to do so....

      frankly i don't know the answer to that question.... i've got my gut.. but who knows...

      the music industry can't have it both ways though... if it really is illegal to copy music/downlaod music from the net... then it should damm well be copyright infringement to copy songs from the radio as well...

      bits are bits/packets are packets....

      peace...

    54. Re:Legal P2P Won't Succeed by 00420 · · Score: 1

      So, what's this word?

      Copyright Infringement.

      (or in one word: copyrightinfringement)

  2. pointless by Anonymous Coward · · Score: 3, Insightful

    no one will pay. DRM will drive us away. people want freedom, not cheapness.

    1. Re:pointless by tomstdenis · · Score: 2, Insightful

      Not only that but these DRM "solutions" often only work on Windows platforms which drives away Mac/Linux users.

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:pointless by Xenius · · Score: 1

      This is true. No offense meant by this but from a purely buisiness standpoint, the companies probably wouldn't care. Right now windows users make up a much much larger chunk of the total than do mac, *nix, or anything else combined.

      If apple can be so successful with less than 10 percent of total market share, I don't think something targeted at only windows will be hurting if they don't get buisiness from mac/*nix users.

      --
      - Xenius
    3. Re:pointless by blowdart · · Score: 1

      And this differs from Apple how? Their DRM addition to AAC is limited to the Mac (at least for a while, we'll see if they release a decent version under windows).

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

      no one will pay. DRM will drive us away. people want freedom, not cheapness.

      Then go here.

      Mainstream artists. No DRM. Individual songs for 5-10 cents. Complete albums for 50-80 cents. 128-192kbps MP3 files. Accepts PayPal, Visa, Mastercard.

      I have no affiliation with these folks, I just like to see the RIAA squirm :-) There is nothing the RIAA can do about this company because it's totally legal. Not every country is crippled by IP laws like the US.

    5. Re:pointless by Begemot · · Score: 1

      "Not only that but these DRM "solutions" often only work on Windows platforms which drives away Mac/Linux users."

      IMHO not often - always. At least as long as one can recompile the kernel (as many of the unixoids do) and bypass the DRM by getting the protected data directly from the system calls.

    6. Re:pointless by Anonymous Coward · · Score: 0

      Once is a nice tip. Twice is getting annoying. More than three times is spam. Die, spammer!

  3. It's simple... by philv2 · · Score: 1, Redundant

    It's pretty simple, if people can continue using programs like kazaa for free, why would pay for same thing? Marketing 101, less for more doesn't work.

    1. Re:It's simple... by ajensen · · Score: 5, Insightful
      The reason why they would pay is pretty simple, too.

      When you pay for something, you're paying for both the product and the benefits it provides. For example, when you buy software, you get the peace of mind that nobody can haul you off to jail for having it, along with customer support to help you out when it doesn't work.

      If all you're interested in is the product itself, then those benefits might not sound enticing enough. But for the rest of us -- we have enough to worry about. I sure sleep better at night knowing that I don't need a license for my software (except maybe from SCO). I also know that all of my music is paid for.

      -a

    2. Re:It's simple... by Anonymous Coward · · Score: 0

      Yes it is simple, fear drives consumerism.

  4. in other words,.... by smd4985 · · Score: 4, Insightful

    will people pay for something they can get for free (with no loss of quality between paid and free)? the answer is clearly YES. people do it all the time - bottled water, software, open source software, etc. most people like to support the creators of content they buy, and they also like to get perks that comes with purchasing the goods (i.e. customer support, piece of mind, etc.)

    so the RIAA - if you build it, they will come. let p2p be and stop suing your customers.

    --
    smd4985
    1. Re:in other words,.... by dirk · · Score: 3, Insightful

      The reason people pay for these things is that there is a perceived quality difference (whether there truly is depends on what you look at). If you ask people who drink bottled water, they think they are getting better quality water with a better taste than they can get from the tap (even though they aren't getting better quality, they think they are). Most people will take free software over pay software any day (see the number of people who pirate MS software), but they don't know enough about software to do this. They know they need MS Office, they have no clue that OpenOffice is almost as good and free. I think the legal P2P system will enjoy a huge popularity at first, and then slowly decline as people figure out that they can still get the stuff for free. Apple's iTunes, had something similar. At first they were doing gangbuster business, as people flocked to it, and now they are doing a much smaller amount of business (but still decent) as people are going back to P2P. At the same time, Kazaa didn't get hurt at all by iTunes.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    2. Re:in other words,.... by AlterTick · · Score: 2, Informative
      If you ask people who drink bottled water, they think they are getting better quality water with a better taste than they can get from the tap (even though they aren't getting better quality, they think they are).

      Offtopic, but you're off your rocker here. Maybe you live in New York City or some such place, where the tap water is actually decent, but it's not like that everywhere. Try the tap water in San Angelo, Texas, which has a nice rainbow oilslick sheen on top and tastes like petroleum. Or Iowa City, Iowa, where they the water tastes like agricultural chemical runoff. Or Los Angeles, where it smells like an algae pond half the year. Or any building with old, rusty galvanized steel water pipes, where the water comes out orange all the time and you ingest so much iron oxide your stool turns black from iron poisoning. Bottled water isn't perfect, but it's a damn sight better than the tap water in a lot of places, friend.

      --
      Conclusion: the Empire squashes the Federation like a bug. Accept it.
    3. Re:in other words,.... by /dev/trash · · Score: 1
      people do it all the time - bottled water



      Funny, the local bottled water company here, has unfettered access to their spring and that is where I get their water, for free. Same water, just free.

    4. Re:in other words,.... by slide-rule · · Score: 1
      If you ask people who drink bottled water, they think they are getting better quality water with a better taste than they can get from the tap (even though they aren't getting better quality, they think they are).
      While you may in a general sense be correct, I'll point out this interesting little fact: when I was still back in school, "tap" water (e.g., city processed water) would give me absolutely killer headaches. (Took a couple years to finally make the association.) Oddly enough, heavily filtered water (e.g., through *two* Brita/Pur devices) or just bottled water didn't do that. So, yeah, while I was still pursuing a degree, bottled water did in fact give me a better quality. (quality of water, quality of life.)
    5. Re:in other words,.... by bj8rn · · Score: 2, Insightful
      I'd say the grandparent post is right. Buying a CD (or a vinyl) is analogous to buying bottled water, tap water is like music downloaded from Kazaa or whatever. All those different flavours of the tap water are the analogies of different media formats (wma, mp3, ogg vorbis). And though tap water and bottled water taste differently, it doesn't change the fact that they both are H2O on the inside...

      /insightless

      --
      Hell is not other people; it is yourself. - Ludwig Wittgenstein
    6. Re:in other words,.... by 3terrabyte · · Score: 1
      I don't think you understand. In Iowa City, 2 months of the year, they sent out warnings that pregnant women, and children shouldn't drink the tap water.

      Iowa City's tap water usually has a brown tint, and is always barely beneath the government's warning for iron percentages.

      --

      Why are there only 19 people folding@home for slashdot?

    7. Re:in other words,.... by bj8rn · · Score: 1

      *sigh* My post was meant as a joke, I didn't expect anyone to take it seriously. Maybe it was because I really don't understand what you mean -- my tap water comes almost straight from a well...

      --
      Hell is not other people; it is yourself. - Ludwig Wittgenstein
    8. Re:in other words,.... by 3terrabyte · · Score: 1

      I knew that, but couldn't resist joining in the iowa city water story....

      --

      Why are there only 19 people folding@home for slashdot?

  5. A terrible idea for independent bands andmusicians by Schlemphfer · · Score: 4, Insightful
    The idea of using P2P for the legal distribution of music is plain stupid.

    The cost to serve a four megabyte MP3 file is pennies. If I'm a musical artist, I'm more than happy to swallow that cost if I'm getting fifty cents or a dollar per song.

    If I'm selling my own music over the Internet, I want people to come to my site and eat up my bandwidth. If I can establish some loyalty, and make my site a repeat destination for my fans, they're likely to check back regularly and see what new MP3's I've created.

    If my music gets sold by P2P networks, I've lost the ability to make my home page the primary source of purchases for my music. Sure, I'll save a few pennies in bandwidth fees for each user who downloads from P2P...but chances are I'll paying the P2P companies much more than that for administration.

    No, if you're a musician, you want people to rely on your website for all downloads of your music. And you'll be thrilled to pay any bandwidth fees that are incurred by people purchasing music, as those fees are trivial.

    --
    I'm generally "Interesting," "Insightful," and even "Funny" here. What the hell happens to me at parties?
  6. Will Legal P2P Music Distribution Succeed? by Anonymous Coward · · Score: 0

    No.

    1. Re:Will Legal P2P Music Distribution Succeed? by djhertz · · Score: 0

      Yes.

      --
      Modest doubt is called the beacon of the wise - William Shakespeare
  7. Why does it have to be P2P? by Odin_Tiger · · Score: 4, Interesting

    I use EMusic.com. It's reasonably priced, and download rates are awesome. If a similar service were offered for more mainstream music, I'm sure it would succeed, especially when you take out the P2P problem of just hoping somebody with a good connection and a low queue and has the song you want just happens to be connected at the same times you are.

    --
    Unpleasantries.
    1. Re:Why does it have to be P2P? by Anonymous Coward · · Score: 0

      I use EMusic.com. It's reasonably priced, and download rates are awesome. If a similar service were offered for more mainstream music, I'm sure it would succeed...

      Already out there, already succeeding, just not in the USA:

      Less than $1 per album

    2. Re:Why does it have to be P2P? by Anonymous Coward · · Score: 0

      Oops, forgot the link

      Complete albums for under $1

      USA simply can not compete in a global market.

  8. Regulating P2P by thedillybar · · Score: 4, Insightful

    How are you going to regulate P2P? Sure, the RIAA can develop software that corresponds with them (e-mail, whatever). This server can provide a key for a given P2P server after the software logs in, kind of like Kerberos I guess. BUT, this isn't going to work very well with peers running the servers...after all, none of the P2P servers can really be trusted by the RIAA.

    It seems that within days (or hours), some sort of Kazaa Lite will be released that allows you to login to the P2P system without any correspondence with the RIAA. I guess they could require the servers to verify keys with the RIAA server too, and when someone running the lite version runs a server, sue them as they are now.

    The bottom line is this. They can't stop everyone from stealing music. Their goal should be to stop the majority. Based on the current RIAA business model, I really don't see this happening anytime soon (or maybe ever).

    1. Re:Regulating P2P by Anonymous Coward · · Score: 0

      > It seems that within days (or hours), some sort of Kazaa Lite will be released

      No, I don't think the hacking will take place on the P2P program itself.

      I have always assumed that paid P2P services must use a strong DRM file format. MP3 makes no sense for paid P2P distribution, because people can just turn around and share the MP3 file on a free P2P network.

      The paid services will use P2P only to distribute the DRM file. The DRM file can actually be distributed as much as you want, because it's encrypted. The actual enforcement will have to be done with a proprietary DRM player.

      (Now, of course, the DRM player can be hacked to disable the DRM, or to capture the de-crypted data stream. But that's a different issue. And I believe that the fear of a hacked player is the issue that causes the most concern to the content owners about employing DRM for online distribution.)

  9. nspster.com by civilengineer · · Score: 0, Offtopic

    If you want to follow Napster's progress, send us your e-mail There is nothing more than some animations and that input box in napster.com. Is that the real website of napster?

    --

    New year Resolution: Don't change sig this year
    1. Re:nspster.com by Anonymous Coward · · Score: 0

      Disclaime: I am a Roxio employee

      Yes the website is real, and yes mostly marketing, but the animations are pretty funny no?

    2. Re:nspster.com by bubkus_jones · · Score: 1

      yeah, that's all it is, and that's all the other link/service trhat was in the article has on their site as well.

  10. Maybe.... by SailingDeity · · Score: 0, Flamebait

    Maybe a large percentage would switch if they could get the music quickly and keep it indefinetly, and they could pay 4 it without really thinking about it.

  11. Why P2P if you're paying for it? by enosys · · Score: 1
    Why would anyone want to put up with P2P if they're paying for the downloads? P2P involves searching, waiting, occasionally finding that what you got is corrupt, etc.

    If someone wants to sell music they should simply distribute it from some fast servers. Even people who don't give a damn about copyrights might buy then because it'd be easier and faster.

    1. Re:Why P2P if you're paying for it? by azuretek · · Score: 1

      I'm sure that napster/otherlegalp2pnetworks will put up servers to serve music that is available for download (the users that already downloaded it will only add to the speed and lower their cost)

      I think that if we're paying for it there will allways be what we are looking for with good quality and available all the time

  12. Inherent costs make this unattractive by laigle · · Score: 4, Insightful

    The question about legal P2P is this: Why should I pay money for the songs AND provide expensive upstream bandwidth to the system, AND get chewed out by my ISP/netadmin for resource use, when I can pay for the song and only use downstream to pull it off the service's computers? This could work, but the prices would have to be marked down dramatically, and the seervices would have to get ISPs to sign on and stop labelling anyone who uses their already metered upstream as a war criminal. I don't see that happening, not until upstream bandwidth becomes much cheaper.

  13. I wait... by Kandel · · Score: 1

    Well, you know what they say...
    "Nothing is taken seriously, until Microsoft takes it seriously"
    I can't wait until Microsoft releases their own P2P file sharing application. It's only a matter of time...

    1. Re:I wait... by Anonymous Coward · · Score: 0

      > "Nothing is taken seriously, until Microsoft takes it seriously"

      The fact is that many people are taking P2P very, very seriously -- just ask the RIAA.

      The issue here is not waiting for Microsoft to distribute a P2P application. The issue is waiting for the legal climate to change so that P2P is a legitimate product category.

      The 4 killer Internet apps are: (1) web, (2) email, (3) IM, and (4) P2P. The client apps for the first 3 are all dominated by large, legitimate companies. The fourth is dominanted only by tiny, unstable little companies. Why? Because P2P is legal poison to any company with deep pockets.

      The reason P2P is causing so much debate is because it's the only killer Internet app that's currently not "legitimate". Many large companies (AOL, MS, etc.) are forced to sit on the sidelines, waiting very impatiently for the legal climate to stablilize for P2P.

  14. The price is too high... by terraformer · · Score: 1

    Bottom line, the price on iTunes and MM are too high. To buy an entire album you almost always need to buy track by track and the total price and at $1 a pop, that works out in many cases close to or higher than a CD but with restrictions and an inferior product. Also, search for DMB on iTunes and you gets asked if you meant Dave Matters Band. Irony (or whatever it is called) not withstanding on that last point...

    --
    Who are you? The new #2 Who is #1? You are #617565. I am not a number, I am a free man! Muhahaha.
    1. Re:The price is too high... by 16K+Ram+Pack · · Score: 1
      I can buy a lot of CDs from CD-Wow for 9 (I guess about $14). If each has 11 tracks, that's $11 vs $14.

      But I'd rather pay $14 for a piece of solid media that I can always resell on ebay for the extra $3, get cover artwork etc.

      The cost of providing a download is nothing like the cost of selling a CD. There's retailers margins, restocking fees, duplication costs, the lot. Downloads don't have any of these.

      I think maybe 50c per song is about reasonable.

    2. Re:The price is too high... by jr87 · · Score: 1

      err... why buy track by track in iTunes? you can buy the entire album for $10 unless it is less than 12 tracks than the price is adjusted accordingly. it's actually cheaper to buy iTunes

    3. Re:The price is too high... by MsGeek · · Score: 1
      Wrong! Albums are priced at $9.99 for the whole thing. And once you burn your precious iTunes to CD, there is no Digital Restrictions Management in your way. I know that it's more expensive than that Russian site people keep talking about but how likely is it that the artists actually get any money from it? As the iTunes agreement stands, the actual artists get more from iTunes than from your standard recording industry contract.

      I think that iTunes has struck the right balance between keeping the RIAA happy and keeping consumers happy. And the proof in the pudding is that iTunes is an undisputed success. There will be a tsunami unleashed when the Windows version comes out. That is, unless MusicMatch has beaten them to the punch with a similarly rational setup with minimal DRM.

      --
      Knowledge is power. Knowledge shared is power multiplied.
  15. Of course not! by user+no.+590291 · · Score: 4, Informative

    People will be either willing to pay for the bandwidth of distribution, or for the content. Not both.

  16. darn typo!! Re:napster.com by civilengineer · · Score: 1

    the subject should read napster.com.

    --

    New year Resolution: Don't change sig this year
  17. Snapster by 0x54524F4C4C · · Score: 1


    What about hat Cringely's Snapster?

    [don't mod me up.. or down]

    1. Re:Snapster by luekj · · Score: 1

      Meh, just pay per song and be done with it, or more generaly, just pay and be done for it. I mean, come on, you don't need that much music.

      --
      Many Thanks,

      Luke

  18. Yes, it's simple by theefer · · Score: 5, Interesting

    - Reliance : if you can have reliable services (constant file disponibility, etc)
    - Quality : high bitrate, good encoding
    - Extra services : Album covers, lyrics, bonuses, videos; "If you liked X, why don't you check Y" links between different types of music and bands
    - Wide range of music : propose almost all the existing music, from indie bands to classical music, including live shows, etc
    - Artist friendly : show you are not Evil, people will like it and support you
    - No DRM or alike: hard, but I certainly won't ever buy music if the format is closed or "DRM-controlled"
    etc.

    The Internet has the technical potential to be The Ultimate Media network distribution. People could promote their bands with it, etc.

    We just need people to work on a clean, honest distribution schema and create such a company. This is not gonna be the easy part.

    --
    theefer
    1. Re:Yes, it's simple by Hatta · · Score: 2, Interesting

      You just described emusic.com. It's not p2p, but web based. Their linux client sucks, but everything else about the service is great. You pay a fee of $9.99 to be able to download up to 2000 LAME --alt-preset-standard mp3s. That's a lot of music. Their software keeps track of what you've downloaded and makes recommendations for you. They're usually quite good, anything with a (pick) by it is great. There's also a great community on the forums swapping lists of recommendations. All this is necessary because their catalog has amazing variety. From traditional bluegrass, to every subgenre of jazz imaginable, to Bach, and Brahms, and funk and trip hop, acid jazz, and trance. The only thing they don't have are major labels. And, in my opinion, that's the best part.

      --
      Give me Classic Slashdot or give me death!
    2. Re:Yes, it's simple by Night+Goat · · Score: 1

      What the hell is disponibility? I mean, I know that a large vocabulary embiggens the smallest man, so please, illuminate me, what the heck does that mean?

    3. Re:Yes, it's simple by Anonymous Coward · · Score: 0

      We just need people to work on a clean, honest distribution schema and create such a company. This is not gonna be the easy part.

      Huh? It's already happened, it just doesn't seem to be very well known inside the USA...

      Check it out. Individual songs for 5-10 cents. Complete albums for 50-95 cents.

      Seriously, this is one of the best kept secrets around. There's a reason the RIAA isn't making a big fuss about this--because there is nothing they can do about it.

    4. Re:Yes, it's simple by theefer · · Score: 1

      Hum indeed, sorry, that was a nice piece of engrish, originally "disponibilite" in french. Read availability.

      --
      theefer
    5. Re:Yes, it's simple by Anonymous Coward · · Score: 0

      In French, "disponible" means "available". As far as I can tell, "disponible" has not crossed over into English. My guess is that the original author was French, and forgot that "disponible" is not used in English. ("Disponible" can also have other meanings as well, such as "disposable", "spare" (as in "free"), and "receptive" (as in "open-minded").)

    6. Re:Yes, it's simple by Have+Blue · · Score: 1
      iTunes store...
      • Reliance: *zero* problems after the first 48 hours when I had trouble signing up.
      • Quality: The quality of 128K AAC is arguable, but it sounds pretty good to me on my cheapass speakers.
      • Extra services: Album art (I'm guessing it's about 400x400), "People who bought X bought Y", exclusive tracks, related recommendations whose accuracy I can't really guage.
      • Range: They're probably well above the 200K songs they had back when it launched, but I recall them being dinged for not having various esoteric songs in the past.
      • Artist friendly: They still work through record labels, but they're starting to open up to indie music posting, and could take this in some very interesting directions if they wanted to (imagine if iTunes had a one-click "sell music" button...)
      • DRM: Yes, it has DRM, but it's pretty easy to remove it (burn it to a Redbook CD, and other methods).
    7. Re:Yes, it's simple by cens0r · · Score: 1

      DRM: Yes, it has DRM, but it's pretty easy to remove it (burn it to a Redbook CD, and other methods).

      This is the part that is unacceptable for me. When I but a CD I have access to an uncompressed digital file. I can store it as lossless copression (FLAC) or store it as compressed (Vorbis, MP3). I can also transfer it to my MP3 player. The only loss of quality I get is when I compress it. And then only the first time. If I buy an AAC from apple, I've already encountered the first loss of quality. If I burn it to CD, I don't get the quality back. If I store it as FLAC it remains the same quality as the original download. If I decided to convert it to MP3 (to use on my portable player) I've lost more quality on top of the original... this is not acceptable to me.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  19. To tell you the truth... by Faust7 · · Score: 2, Interesting

    Will Legal P2P Music Distribution Succeed?

    It's pretty much going to have to.

    The Internet is fast, it's cheap, and it's everywhere. Would the RIAA be able to make more money from trying to shut down P2P trading or from embracing the new medium (new, ha) and creating a profitable business model.

    At some point their obstinacy has to give way to bottom-line thinking, lest they let legal fees become a constant drain.

    1. Re:To tell you the truth... by EvilSporkMan · · Score: 1

      It doesn't have to succeed...the RIAA can just die. Please?

      --
      -insert a witty something-
    2. Re:To tell you the truth... by TheFlamingoKing · · Score: 1
      It doesn't have to die, because it can continue to sue the 60 million estimated P2P users.

      Since everyone is choosing to pay up over jailtime, it seems like quite a money making scheme.

  20. Ohh yes another great DRM plan by mpcooke3 · · Score: 4, Insightful

    "Individual songs may be burned or copied to CDs without restriction, although CDs with the same order of songs can only be burned five times to prevent pirates from churning out scores of full copies."

    Duh!

    I think this clearly shows how little marketing people understand DRM technology. As soon as something leaves a DRM system it can be copied freely. The first CD you burn can then be copied a million times using standard CD burning software!

    When will they give up with all the DRM annoyances. There are a lot of people that just want mp3 files (or ogg or whatever) and are happy to pay for it. At the moment we get more restrictions on music we download from their crappy sites than we do if we buy the damn CD.

    They are forcing people into using these dodgy p2p systems because they won't let people download music in the format they want. Ooh didums are people copying your music -People don't want DRM that's why! If they buy some music they expect to be able to play it on whatever OS or music system they choose.

    RIAA have to get a grip on reality ... [trails off into usual slashdot rant]

    1. Re:Ohh yes another great DRM plan by Tar-Palantir · · Score: 1

      I agree with you in one sense. Yes, as soon as something leaves the DRM system it can be copied freely. What the DRM implementors are banking on, in my opinion, is that most computer users won't be able to do it.

      Let's face it, you and I would be totally unfazed by burning to CD and re-importing to remove the DRM. But do you really think your average computer-using non-techie would even think of that? Or be able to do it without detailed instructions?

      My dad's a computer user. He's a well-educated, intelligent guy. He keeps the books for a local organization, he checks his e-mail, browses the Web. I don't think he knows what the Clipboard is, let alone what it means to encode a song. Faced with DRM, he will simply put up with it rather than work around it. And there are a lot of users like him.

      Now, I'm not trying to insult or smear the average computer user. What I'm trying to point out is that for these folks who don't understand (or want to understand) technical topics, circumventing DRM is not an option.

    2. Re:Ohh yes another great DRM plan by mpcooke3 · · Score: 2, Insightful

      Your dad isn't planning on burning 50,000 copies of Madonna's latest album and selling them.

      The person who is planning on doing this will know how to *cough* "bypass" the DRM by using normal CD burning software.

      In fact it is so trivial to burn copies of these DRM'd tracks it hardly seems appropriate to use the word 'bypass'.

    3. Re:Ohh yes another great DRM plan by Anonymous Coward · · Score: 1, Insightful

      > "Individual songs may be burned or copied to CDs without restriction, although CDs with the same order of songs can only be burned five times to prevent pirates from churning out scores of full copies."

      I think this clearly shows how little marketing people understand DRM technology.

      It also shows how little they understand mathematics. If an album as 10 songs, then there are 10! permutations of those songs that can each be burned 5 times. That's a total of 18 million CDs.

  21. Comment and some questions by sokk · · Score: 3, Insightful

    Windows Media. I don't like it at all.

    I'd rather buy a CD. Besides actually getting something physical, it contains fewer restrictions and features better sound than it's lossy counterparts on the computer. If I were to download something, it better be compressed in Ogg Vorbis or Flac (broadband is on the rise). Why should I pay to download a song in a closed format, when I can't do with it as I want?

    I don't know what music you listen to, but I listen to music where albums often are themed or have a story -- where every song is a part of the complete. The album art is also a part of the experience - same as the quality of a pressed Compact Disc versus a home-brew one (I've heard about CD-Rs that last no longer than a year, because of the shitty quality) . I would've give that up for the one-hit wonders (tm) starred on the radio today. Never.

    Anyways; this is probably a blessing for those who actually like the one-hit wonders (tm). Because they won't have to buy the "fillers" that is so common on pop music albums today.

    When it comes to p2p networks - why should I share a 'buy2play'-file using my bandwidth? That would only earn the distributor's money in the form of having to serve less bandwidth?

    By the way. Is the MusicMatch service US only? Will the "buy2play" P2P-services be US only?

    1. Re:Comment and some questions by The+Limp+Devil · · Score: 1

      The MusicMatch service is US only, though that didn't stop them from offering it to me by e-mail...

    2. Re:Comment and some questions by djdavetrouble · · Score: 1

      Good points. Once it becomes easier to transmit lossless copies of these files, mp3, ogg, aac, wma will die. Flac is a good first step in this direction. I download entire albums frequently, but if I want to play songs at a club that I dj, I need a copy on vinyl or cd. Say wat u want about bitrates and such, but even a 192kbps full stereo rip has problems, swishy hi hats, distortion, etc.

      If the companies were adept, by now you would be able to download full stereo cd quality audio. Why not. If the files were served from a big pipe, my cable modem can suck files down pretty friggin fast. If people are downloading iso's, why not cd quality audio? It is all matter of time. Bandwidth and HD size are the limiters. How much longer, 3 years, 4 years? And then we'll be ditching our 200gb of mp3's trying to get wav or flac rips of all that music, and playing burned dvd-rs or using our 1 terabyte ipod xtreme or whatever.

      Sorry, this was going to be a coherent post.... ...but then I got high!

      --
      music lover since 1969
  22. Micropayments Vs. P2P by dr2tom · · Score: 2, Interesting

    So far we don't have any good models of sustainable businesses that don't have ongoing revenue streams. There are going to be some great discussions on the Micropayments Vs. P2P topic at the Future of Money Summit (www.futureofmoneysummit.com) when Dr. Ron Rivest of MIT, Kurt Huang of BitPass, Todd Pearson of PayPal, and Margaret Reid of Visa tackle this topic.

  23. I don't think so... by another+misanthrope · · Score: 1

    Can any of these Windows alternatives to Apple's iTunes compete though with the inherent restrictions built into the wma format?

    from News.com.com:

    The self-funded company even plans a smidgen of peer-to-peer distribution, according to Sampath. Songs bought through the service will all be wrapped tightly in Microsoft copy-protection technology, but people may be able to download them from each other's computers in order to save on bandwidth costs and download times, he said.

  24. Legal P2P is not the way to go. by ptelligence · · Score: 1

    Something like this would need to be centralized. No one is going to pay for P2P. Plus the only way to maintain quality control is by serving the files yourself. Bittorrent or something similar might be put to use to ease the strain on a server, but the .torrents would have to be centralized. Of course people would still be able to cheat this system. I'd be willing to pay a small fee if I knew that I were getting a high quality d/l. There's too much uncertainty on Kazaa (so I've heard)

  25. Emusic by desenz · · Score: 4, Informative

    For 9.99 or 14.99 a month, I can get 2000 songs. This isn't a solution everyone, because most of what they have is indie labels. But if you're like me, into punk, techno and hip hop you should def. check it out.

    Disclaimer: Its not unlimited. 2000 songs a month and you'll get capped or terminated or something, and you won't find the latest and greatest from the RIAA.

    1. Re:Emusic by Hatta · · Score: 2, Funny

      Disclaimer: Its not unlimited. 2000 songs a month and you'll get capped or terminated or something.

      Damn, don't you think that's a little severe!

      --
      Give me Classic Slashdot or give me death!
    2. Re:Emusic by Anonymous Coward · · Score: 0

      For 9.99 or 14.99 a month, I can get 2000 songs. This isn't a solution everyone, because most of what they have is indie labels. But if you're like me, into punk, techno and hip hop you should def. check it out.

      If you want indie, use Emusic. If you want mainstream, go overseas. Less than $1 per album, and no DRM. (Take *that*, iTunes :)

      Yep, once you're out of the USA and buying off foreign soil, the rules change.

    3. Re:Emusic by kalinh · · Score: 1

      Some readers might think that at $10 a month and 2000 songs downloaded the artists aren't seeing much of that, and they're right. But this is the beauty of Emusic, the pricing can adjust itself based on approximate usage.

      I'm not sure that this is actually how emusic shares it's revenues with labels, they may very well use aggreagates for pay outs. Let's assume or pretend that they take a monthly subscription fee and split it out over an account's monthly downloads. There have been months whne I have downloaded upwards of a hundred albums and listened to most of them maybe once or twice. Say this represents around $0.10 per album. In the old days I would have had to pay $20 for some of these albums. But if I am listening to so much music that I barely even touch an album, why should I have to pay $20 for it?

      It ends up becoming more of a radio service when you are a heavy user. The difference is that for once the radio station is playing music that I like, loads of it, and it's also making recommendations and providing instant access. It's also a radio station where the artist may get paid around a penny in royalites when you listen to a song which just outdoes anything else in revenue potential.

      Emusic this way also matches the marketing power of radio and then some as it's easy to preview many indie acts that come through town. At the shows I invariably drop some cash at their merch tables.

      Of course having a massive amount of music to sample on the cheap has other huge marketing benefits for indie artists. Namely the ease with which mix cds are created for freinds from the mp3 format. Mix tapes/CDs of course having always been one of the major mdoes of transmission for music awareness in the absense of non-shitty radio.

      On most months I have only downloaded 5-15 albums. Most of which I listened to several times resulting in an average pay out of $0.75-2 per record which is quite reasonable for what basically represents zero marginal cost to the label/artist. Especially if I listen to an album 5-10 time and then move on to something new, there is so much music out there that in the end it becomes rare to rely on only a few albums per month for entertainment once you get used to it.

      This ends up flattening out the distribution of entertainment dollars to more artists in a pretty self-correcting way. It's what the end of physical distribution should be doing to entertainment: breaking up the innefiecient (from a market perspective) structures that create a few annointed (and talentless) millionaires and force the vast majority of super-talented musicians to toil on in relative obscurity.

      Kalin

      --

      Metamuscle.com - News in the Iro

    4. Re:Emusic by orthogonal · · Score: 2, Interesting

      But if you're like me, into punk, techno and hip hop you should def. check [Emusic.com] out.

      I'm not at all into punk, techno, or hip-hop. In fact, most music in those genres makes me cringe to hear it.

      But I do enjoy classical, country, and folk music, and classic jazz. In the last year I've been with emusic, I've legally downloaded about 6000 (six thousand) mp3 tracks in those genres from emusic.

      The classical music has really paid off for me: I was always wary of paying $16 for a classical CD when I wasn't sure of the quality of the performers: would I get beautiful music or a dud? With emusic, it's $10/month whether or not I download, so all I risk is the download time.

      Also important to note is that what you download from emusic is MP3s. This means no DRM, which means anything that plays MP3s can play these tracks, including open-source players (like my portable MP3 player). No "phoning home" to some central server to get permission, no need for tedious and loss-y conversions, no need for special and proprietary software. And most emusic.com MP3s are lame -alt preset, which generally means an average bit rate of 192 kbps -- about what I'd rip myself from a CD.

      So you can get a large range of genres, each with a large selection of artists and albums, you get no DRM annoyances, and you can download up to 2000 tracks per month for $10. And there's even a free trial period to give it a try. The future is at emusic.com

    5. Re:Emusic by Uncle+Dick · · Score: 1

      Disclaimer: Its not unlimited. 2000 songs a month and you'll get capped or terminated or something, and you won't find the latest and greatest from the RIAA.

      Something they conveniently fail to mention until you've actually gone over the limit. Beware the bait and switch.

      --
      END OF LINE
    6. Re:Emusic by shepd · · Score: 1

      >If you want mainstream, go overseas.

      Looks awesome, but I can't seem to find any english version of that page. Is there one?

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    7. Re:Emusic by Anonymous Coward · · Score: 0

      Here is a English version:
      http://my.mp3search.ru/?swlang=en&back_u rl=%2Fintr o.html

  26. Re:A terrible idea for independent bands andmusici by Ieshan · · Score: 3, Insightful

    Disagree.

    If someone would build in a tracking system (not by user, before you go nuts, by songs and discs), the system could automatically recommend free samples of upcoming artists who chose to participate in such a promotion.

    For instance, I listen to a relatively unknown band named Porcupine Tree, who sound a little bit Prog and a little bit Hard Rock, with some great harmonies and things mixed in. If a service were to suggest them to you after you downloaded the right amount of music in the right composition and then give you a free sample, Porcupine Tree's fan base might have just increased by one. Then, you might download some more of their music (which you pay for), browse around their website, or maybe you hate the stuff and never listen again. But you've listened once, and that's what matters.

    This is the type of music distribution that P2P needs. Incentives and Exposure for the artists. A working P2P model would incorporate the consumer's neophobia into give-aways and freebies designed to help out the music service (people will be downloading more music) and up-and-coming bands.

  27. Who cares if it's P2P? by Anonymous Coward · · Score: 2, Informative

    Frankly, people who download music don't really care if it's coming from P2P, or a central server, or whatever.

    The only issues here are:

    1: Will people pay for it?
    2: What is its quality (i.e. is it encumbered with DRM)?

    If people will pay for it, then P2P might not the right topology for distribution anyway. Peers will always be flaky; central servers can always be made much more robust than the average peer.

  28. Re:A terrible idea for independent bands andmusici by kfg · · Score: 3, Interesting

    Make an "album." Give two cuts away on your website under an open license as a demo. Kind of like a brouchure. Encourage people to pass them around as much as they'd like, however they'd like.

    You're not putting them into the public domain. You retain your authorship rights. Just allow free distribution for noncommercial use.

    If they like them people will find your website no matter how they came by the cuts. Google is a wonder and a mystery.

    Sell 'em the rest of the album at five bucks a pop. This way you avoid the whole micropayment nonsense and it's worth dealing with your own merchant account (assuming you can get one for web sales, of course).

    If your stuff is any good it will drive people to you just as surely as airplay drives people into the record stores; and since you're giving stuff away for free and not charging extortionate rates for a download file people will be less inclined to "cheat" the good guy.

    Then don't sweat the people who cheat. They aren't your customers anyway. A dime you'll never see in the first place isn't a dime lost. Isn't that part of what we're trying to convince the RIAA of in the first place?

    A penny saved is a penny earned. Unless you're being penny wise and pound foolish.

    KFG

  29. There will always be cheaters by Ars-Fartsica · · Score: 5, Insightful
    Even if songs were practically free, there will always be people who can and will skirt the normal distribution methods. Look at cable TV and/or satellite. At some point the industry will concede a margin of loss and move forward - the cost of chasing the cheaters will be greater than the lost revenue.

    But of course we are nowhere near this point yet. The music industry probably needs to spend another three years with it head stuck in the sand and a near death experience on CD sales to see that it needs to change. It will at some point take the obvious route people had been recommending for years, but only when they are the brink of extinction.

    Our economy is filled with cartel-like behavior (OPEC, cable TV, media) that will be very painful to break, the record industry is no different.

  30. Kazaa == TV == Radio by numbski · · Score: 4, Interesting

    I know inherently what I've just said is wrong, but hear me out.

    The target market of the above services are more or less ignorant that the product they are consuming has to be paid for by someone. When I turn on the radio do I have to think about paying for it? No. When I turn on the TV? Well, not most of the time, okay there's cable and/or satellite, but I could just use an antenna, and I usually don't think about having to pay for a specific show and with radio I don't have to think about paying for a specific song.

    I think this was more true when Napster was out, and maybe it is now, but people generally don't want to have to pay for music. Not because they can't, but because they don't feel they should have to. They view the distribution service as something that is free, just like TV and Radio. Most people don't notice or realize that TV and Radio are paid for by adv. spots. Thus the reason these DVR's are getting into so much hot water.

    I tend to fall along those lines as well. Yes, the music needs to be paid for somehow, and iTunes is reasonable in it's methodology, but even iTunes is a step backwards from Napster.

    Not saying I have the right answer, but I really feel that's the predicament we're in. Napster more or less got it right the first time, and had they not been shut down they would have a monopoloy on P2P right now, and no one would have given Kazaa a second thought unless Nap started doing something stupid like bundling in Spyware...oh wait, that doesn't stop people.

    --

    Karma: Chameleon (mostly due to the fact that you come and go).

    1. Re:Kazaa == TV == Radio by Anonymous Coward · · Score: 0

      > people generally don't want to have to pay for music. Not because they can't, but because they don't feel they should have to.

      True enough. But also, remember that a lot of people feel that they already have paid for it -- in their monthly ISP bill.

      I think this is really the root cause of why people feel they shouldn't have to pay for anything on the Internet (news, email accounts, music, etc.). I believe that the $20 (or $40) they pay per month has a very significant impact on their attitudes and expectations.

      With TV and radio, people expect the content for free because they have to put up with a huge number of ads.

      That's also true on the Internet. The huge volume of spam and popups is making people feel that the Internet is really no different than TV or radio anymore, and hence, they have yet another reason to feel that they shouldn't have to pay for anything they find on the Internet.

    2. Re:Kazaa == TV == Radio by Anonnymous+Coward · · Score: 1
      With TV and radio, people expect the content for free because they have to put up with a huge number of ads.

      How do you explain that people are willing to pay for cable? They pay for the delivery mechanism, and still put up with large numbers of ads.

    3. Re:Kazaa == TV == Radio by Anonymous Coward · · Score: 0

      > How do you explain that people are willing to pay for cable? They pay for the delivery mechanism, and still put up with large numbers of ads.

      My point was not to address why people pay the fee in the first place. My point was that by paying the monthly ISP fee, they feel that they've also paid for the content too. Legally, of course, they haven't. But that doesn't affect what people feel, and that has a huge impact on their attitude toward the material they encounter on the Internet.

      To answer your question (which is only marginally related to the issue I raised): People who buy cable are buying a large number of channels and perfect reception. Without cable, most people would get only a small number of channels, some of which can be quite snowy. People recognize that fact, and they pay up because of it. Premium cable viewers pay extra to get "premium" content and no ads.

      After paying their monthly cable bill, they do, in fact, feel entitled to tape whatever they want. That's what my point is.

    4. Re:Kazaa == TV == Radio by Anonnymous+Coward · · Score: 1

      OK--I think we're together on this, in that logic doesn't enter consumer decisions :).

  31. two words by rokzy · · Score: 4, Funny

    bottled water

    1. Re:two words by wrmrxxx · · Score: 1

      The availability of bottled water has failed to convinced me not to use water from the tap. I even use public drinking fountains. If the RIAA defines a successful distribution scheme as one in which they are always in control and always make a profit, then introducing P2P into the mix won't make them successful by their own measure.

    2. Re:two words by Zog+The+Undeniable · · Score: 1

      Three words: "What's Evian backwards?"

      --
      When I am king, you will be first against the wall.
  32. I know you don't like MS but ... by blowdart · · Score: 3, Interesting
    the inherent restrictions built into the wma format

    There's no restrictions built into WMA (aside from the lack of source/format documentation). Just like there's no restrictions built into AAC. Apple, like Microsoft, have built DRM on top of their formats, but unlike Apple, Microsoft are providing the SDK for DRM freely. If you examine the options available with the SDK you can make the rules as loose as you like, more "free" than iTunes have, it's just no-one seems to want to do this.

    Is accuracy too much to ask for?

  33. Re:A terrible idea for independent bands andmusici by Anonymous Coward · · Score: 0

    Shouldn't you get some sleep soon, KFG? Looks like you've been up a while...

  34. Network effects? by Kjella · · Score: 3, Interesting

    I think the point of having a P2P network would be to get music known, not save costs. Sure, your homepage might be nice if you get someone there, but what you need is promotion. Why do you think so many independents want to join the iTMS?

    A good legal P2P network could provide much the same, without requiring the huge central that iTMS is. With digital signing, the quality of the files would be guranteed. The one thing missing though is incentive for consumers to use their bandwidth to run "someone else's" net.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  35. I would buy by tka · · Score: 1

    but how do I pay? Credit card - no, not possible since I am a student. Paypal - no, I have heard too many stories about lost money, insecurity etc. Other ways?

  36. OT: timothy? by Anonymous Coward · · Score: 0

    have any of the guys observed that timothy has posted all the articles since yesterday? i bet everyone's out havining fun and timothy is boring us. ;)

  37. This is NOT P2P by ReallyTweakin · · Score: 2, Insightful

    This NOT P2P. P2P=Peer to Peer - this is client-pays-for-access-per-access-to-server.

    Get it right - it's why it won't succeed. The power of P2P is that what you have that I dont and I want I will soon have and so on, the same applying for every user of the system.

    There's no library that can be assembled like the one that we assemble when we all put all our books together on the same set of shelves.

    Any 'service' such as these, especially insofar as they incorporate any DRM/copy protection features, is simply broken.

    Speaking of broken, so is this 18th century copyright model. Which, incidentally, it isn't. Copyright as institued in its American inception would never have allowed this to happen. Lobbiests have, through the power of political peer to peer networking, mutated the copyright into a beast that protects them while they do all the evils it was designed to prevent.

    While I'm on the subject of broken things, so is the RIAA business model. We have them on the coals - lets keep them there till they burn. There was music and art long before RIAA - there will be long afterwards. Anyone who's read the recent Wired mag has probably seen the charts that illustrate the one-to-one correspondence in the decrease of new musical offerings to their CD sales. They should consider themselves fortunate its not worse than it is given the crap that they are offering for sale.

    --
    Death Dances Only With The Living
    1. Re:This is NOT P2P by Have+Blue · · Score: 1

      Yeah, too bad the library we currently have is made of all of our books, all of our magazines, all of our old newspapers, all of our supermarket coupons, all of our random scraps of paper lying around the house, and so on. And it's not in any particular order. And some of the books have the wrong binding. And someone had to pay for printing all those books in the first place. A centralized solution (like the iTunes store) could easily do better than this (not better than the ideal, but better than the real-world implementation), especially if it's not spending so much effort on insulating itself against lawsuits.

    2. Re:This is NOT P2P by Anonymous Coward · · Score: 0

      > This NOT P2P. P2P=Peer to Peer - this is client-pays-for-access-per-access-to-server. Get it right - it's why it won't succeed.

      I don't disagree with you, but I have always looked at it in a totally different way.

      In a paid P2P model, I have always assumed that the P2P system would be used only to distribute the files. The files would have to encorporate strong DRM, and so it wouldn't matter how many copies of the file are made on the P2P networks.

      The enforcement of the DRM must be done by the media player. P2P is only a distribution protocol (like HTTP is) and thus has nothing to do with DRM enforcement.

    3. Re:This is NOT P2P by vonsneerderhooten · · Score: 1

      There's no library that can be assembled like the one that we assemble when we all put all our books together on the same set of shelves.

      I Rest my Case

      that said, i agree that etree is not a p2p model, instead point your browser here. It's Still beta, but its works damn well.

      -D

  38. Strength of iTunes by 2nd+Post! · · Score: 4, Insightful

    You get no reliable library on P2P because that's not the way it's designed. If you want rare, obscure, or reliable stuff, you need things like iTMS or MMS. If you want popular, current, modern stuff, then P2P is fine.

    So if for $1 per song I can access all of Nat King Cole or Frank Sinatra (from master even), that is just *impossible* on P2P because no one on P2P has access, likes, or owns those songs, than Apple can make mucho money.

    It's because the two systems operate on different premises:

    iTMS: Reliable access, fixed content, diverse nature
    P2P: Free, whatever is popular

    There is *always* a chance to find Nat on P2P, but the chances are much higher you'll find Brittany Spears, Garth Brooks, or Backstreet Boys, just because of the demographic of users and the number of copies available in the first place.

    1. Re:Strength of iTunes by Anonymous Coward · · Score: 0

      So if for $1 per song I can access all of Nat King Cole or Frank Sinatra (from master even), that is just *impossible* on P2P because no one on P2P has access, likes, or owns those songs, than Apple can make mucho money.

      Somehow I suspect that if what you say is true, and that no-one likes these songs in the first place, Apple doesn't stand to make a whole lot by offering them. At the very least, making "mucho money" is quite an overstatement if the music isn't even popluar enough to be found on (KaZaa|eDonkey|etc).

    2. Re:Strength of iTunes by Anonymous Coward · · Score: 0

      The p2p providers will likely seed their network with everything they have licensed, for just this reason. I know Napster was planning to do just that, had they been able to get the subscription version up and running.

    3. Re:Strength of iTunes by Anonymous Coward · · Score: 0

      So if for $1 per song I can access all of Nat King Cole or Frank Sinatra...

      $1 per song!?! You're getting ripped off. Just buy from overseas, much cheaper, and no DRM:

      Sinatra for 50 cents per album

    4. Re:Strength of iTunes by TheTomcat · · Score: 1

      You have a point, but what you say is offset by sheer volume.

      When Napster was at its pinnacle, I could hop on and find almost ANYTHING. Rare, live bootlegs, to un-released (pre-release) albums, to really old, out-of-print albums.

      S

    5. Re:Strength of iTunes by Anonymous Coward · · Score: 0

      Matt King Cole, Hank Sinatra.
      Obscure.

      Nat King Cole, Frank Sinatra.
      Famous. Famously famous.

    6. Re:Strength of iTunes by 2nd+Post! · · Score: 1

      So essentially you need some critical mass of stuff online... somehow convince all the people with all the content to all use the network and pay to upload stuff you can get.

      Because if you look at it that way, Apple is paying the upload bandwidth and hosting costs that P2P forces the users to deal with.

    7. Re:Strength of iTunes by 2nd+Post! · · Score: 1

      So then you'd pay to use the network, and pay for other users to upload and download from you (Bandwidth and hosting charges)?

      Because that's not quite 'free' in the way Kazaa is. And of course, I don't think Kazaa has any licensed works yet.

    8. Re:Strength of iTunes by Anonymous Coward · · Score: 0

      There is always Soulseek. P2P with tons of rare, obscure full albums and friendly traders.

    9. Re:Strength of iTunes by 2nd+Post! · · Score: 1

      Hmm, doesn't look like there's a Mac client ^^;

    10. Re:Strength of iTunes by westlake · · Score: 1

      you ignore the demographics.
      tastes change as you grow older, you have money to spend, maybe a big investment in high-end audio and playing tag with the RIAA stopped being fun when you realized how much you had to lose.

    11. Re:Strength of iTunes by Lord+Kano · · Score: 1

      P2P: Free, whatever is popular

      I have to disagree with you here, I am into some rather obscure music and I quite often find it on Kazaa. When I wanted to burn a CD of an album that I bought on cassette about 10 years ago, I searched Kazaa for "Odd Squad". I found the entire album, plus some other tracks where they were just featured artists.

      P2P has a fair bit of unpopular content as well.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    12. Re:Strength of iTunes by 2nd+Post! · · Score: 1

      So the analogy to books would be:
      Bookstore, information for sale
      Internet, information for free

      There are certainly some things you can find on the internet you won't find in a library, and vice versa. The same applies to P2P (internet) as opposed to music stores (book stores)

    13. Re:Strength of iTunes by Anonymous Coward · · Score: 0

      I couldn't of said it better myself. There are a few songs I will gladly pay $1 or $2 for if I can't find them after searching on Kazaa for a while.

      The only problem is what happens when I put those songs on Kazaa?

    14. Re:Strength of iTunes by 2nd+Post! · · Score: 1

      You still won't be able to download those songs after you put them up from Kazaa :P

      Realistically, the balance of content doesn't change because there's no Kazaa client for Mac, and there's still not a huge 'library' if you're only counting small individual uploads to the network. You need large network effects to propagate the songs you upload across the whole network.

  39. I'm not sure about that. by Stevyn · · Score: 0

    I'm not sure if that's completely correct. The WMV format might have these restrictions. I downloaded one of them once and I couldn't move the file out of the folder i originally downloaded it to. Windows would not let me move it no matter what. I've also downloaded wma's and when I go to play them windows media player says I don't have the license for them or something. You may be right and I may be wrong, but I have seen restrictions associated with these formats.

    1. Re:I'm not sure about that. by blowdart · · Score: 0, Flamebait

      You can restrict the formats, but it's not the default. The default is play everywhere, on every thing. You have to apply and return a license to get the DRM stuff, and even after that it's just an SDK, you have to write code to implement it onto your media. As for not being able to move, that's not part of the Microsoft DRM rules, I have no idea what's going on there.

      (I spend all day working with DRM systems, I actually like the MS one because of it's flexibility. Real's system is awful, it's expensive, and only exposes hooks, you have to write your own DRM on top of that. Can't find anything out about Apples, they refuse to talk to third parties, even if I use my customers' names as a lever).

  40. This already goes on by Flagbrew · · Score: 3, Insightful

    This already goes on at etree. Does the slashdot crowd turn a blind eye to this because they are looking for "pop(ular)" music? I would hope that the folks here are willing to step out of the mainstream and support bands that allow taping.

    Regards

  41. Checkcard, debitcards that function as credit card by Cadre · · Score: 1
    Credit card - no, not possible since I am a student.

    Most banks offer debit cards that can also be used as pseudo credit cards (they're sometimes called checkcards). They work as credit cards, but just deduct immediately from your account. They will work fine for places that only accept credit cards.

    --
    All editorial writers ever do is come down from the hill after the battle is over and shoot the wounded.
  42. Three Letters Spell FAILURE: WMA by Anonymous Coward · · Score: 2, Interesting

    These three letters spell failure for legal P2P: WMA

    Or you could substitute these three synonymous letters: DRM

    It is the Digital Rights Management properties of Windows Media Audio that will destroy any and all legal P2P schemes. DRM is just double-speak for "You can't do what you want to do with what you legally own." Sorry! I want to own and be able to download copyrighted music and other material legally, but I also want MY FREEDOM TO ENJOY IT UNRESTRICTED by any DRM crap. Until that happens, no one will get my money. (Apple's iTunes suffers the same DRM trouble, though their implementation is quite user-friendly.)

    One other requirement for me: I also need acccess to a lossless version of the music too before I'll buy.

    1. Re:Three Letters Spell FAILURE: WMA by Ieshan · · Score: 3, Insightful

      Actually, DRM is double-speak for "You can't do what you want with what you legally own that isn't legal", or it's sister-saying, "You can't do what you want with things you don't own".

      Since you don't own certain rights to what you're listening to, they have every right to restrict it. There's a really good reply to this in the capitalist system we live in: Don't buy their stuff.

      No, I'm serious. It's one of those interesting facets of capitalism that people often overlook: if something is desired by the people, people will make it and sell it. Likewise, things that aren't desired by the people simply won't sell.

      Why do you use Linux? Why do you read Slashdot? Why do browse with Firebird? Is it because you don't support the other products on the market, or because yours have certain features that they don't?

      A great example of this is the recent block on cigarette smoking in bars around the Boston Metro Area. They've passed the legislation because of workers and consumers rights - people shouldn't be exposed to a cancer causing agent. A friend of mine brought up a great point - this entire idea is absurd, if people wanted smoke-free bars, they'd exist and be doing well *without* legislation that prevents other bars from having cigarette smoke. This is the danger - Microsoft and other companies forcing this unwanted legislation down your throat. You can either a) sit in the bar and not smoke, b) quit smoking, or c) go to a bar that allows it. The same analogy stands up when dealing with Computers and Operating systems - keep using Windows if you like, stop using computers altogether, or switch to something that's more viable for your needs.

      Oh, and about the lossless music - don't bother. It's completely not economical to distribute WAV files or SHNs across the internet. If you can really hear the difference between a WAV and a good mp3, you've got quite the ear. :)

    2. Re:Three Letters Spell FAILURE: WMA by Anonymous Coward · · Score: 0

      "Since you don't own certain rights to what you're listening to, they have every right to restrict it. "

      I think they should be able to restrict it in any way possible. It they want to restrict you to listening to their CD's while you're in the shower, then they should go for it.

      What I object to is the government's help in maintining what amounts to a EULA. If I buy a CD, I should be able to listen to the music on my CD any way I want. Backwards, forwards, sideways, on my iPod. I should be able to loan it to anybody I want. I should be able to sell it to somebody. If they want to take away my ability to do "stuff" with the music I bought, then fine, but don't ask the government to be the enforcement arm of an extortion racket known as the "record industry".

    3. Re:Three Letters Spell FAILURE: WMA by Galvatron · · Score: 1
      Since you don't own certain rights to what you're listening to, they have every right to restrict it.

      How do you figure? Are you saying that first sale doctrine does NOT allow you to resell used music? Are you saying that fair use does NOT allow you to listen to music on whatever device you want (computer, car stereo, mp3 player, etc.)? Those are all prohibited by these various copy protection schemes. DRM isn't just trying to prevent you from doing things you're not allowed to do, it's trying to add additional restrictions, and were it not for the DMCA, we would be well within our rights to hack these protection schemes to reclaim our rights under copyright law.

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
  43. Re:EVIL by Anonymous Coward · · Score: 0
    They really should have sounds as well.

    Then it's fun-at-the-workplace time...

  44. it already has by Anonymous Coward · · Score: 0
  45. So what about the P2P hype? by Anonymous Coward · · Score: 1, Informative

    Why don't you all people forget about the P2P hype and start using services like http://www.magnatune.com/? The future is not in the technology but in the people selling their music.

  46. No Way.. by Anonymous Coward · · Score: 0

    I am not going to pay for the "privelege" of hosting music on my equipment that other people pay to download. No way. And I am not going to pay to download someone else's music.

    Why?

    Its this simple: sharing music on P2P is fair use. That simple. They can pass all the laws they want, buy and sell senators and representatives, they can sue grandmothers and burn books - but I don't care.

    FILE SHARING IS FAIR USE! When you download a 128k MP3 from some teenage kid's computer, chances are they used MusicMatch or RealJukebox to rip the song. Those programs just plain suck. They are fast, but there are plenty of ripping artifacts. Then, they are compressed using Xing or FhG, and they suck.

    So, unless everyone swears by EAC's Secure Mode ripping, and everyone uses FLAC or SHN files, there is nothing worth paying for out there.

  47. P2P? by mgcsinc · · Score: 1

    Why do people insist on using the umbrella term "P2P" for Napter or its spawn? It was server based. In addition, I doubt if any of these new legal services are going to be peer-to-peer, how could one possibly keep it legal, when it is inherently not controlled centrally. So the answer is no, legal P2P services can't succeed, they're not even being tried!

  48. Re:A terrible idea for independent bands andmusici by perrin · · Score: 2, Informative
    If I'm selling my own music over the Internet, I want people to come to my site and eat up my bandwidth.


    If I'm buying music over the Internet, I do not want to deal with any number of different web site interfaces and payment methods in order to do so. A common system with high speed, known reliability and familiar interface would be a good selling point and encourage to buy.
  49. iTunes shows that it can work. by solistus · · Score: 1

    iTunes sales numbers have blown all expectations, and are currently well over one million songs.

    iTunes is expected to be released for Windows this year, and there are rumors that it will be bundled with AOL as the default music player- this would mean that every single AOL user would be sent to iTMS by default.

    iTunes Music Store has shown quite convincingly that people are willing to pay for music, so long as the cost is reasonable.

    1. Re:iTunes shows that it can work. by Fletch · · Score: 1

      iTunes Music Store has shown quite convincingly that people are willing to pay for music, so long as the cost is reasonable.

      Not people, Mac users. This is a group who can buy from the iTMS only because they were willing to pay, uh, more than average for a computer to begin with.

      Their reasonable cost for anything is probably higher on average than that of a Windows user.

  50. pay, maybe? by azuretek · · Score: 1

    I would pay just to get CD quality music, I hate downloading music that is horrible quality and has problems. Since they dont need to pay for bandwidth their prices SHOULD be cheaper. And maybe if its just a monthly fee for unlimited downloads it would be pretty good. Only problem I see is, I'm not going to be able to find music from every artist I'm looking for. there has to be some way to get everyone into it...

  51. The Facts by t_allardyce · · Score: 1

    The facts are that without totally locking down all hardware around the world and applying death penalties and enormous fines:

    1. Theres no way of providing un-breakable DRM'd songs.

    2. Free file-sharing will always be around.

    3. People will only pay for music if they want to.

    --
    This comment does not represent the views or opinions of the user.
  52. Re:A terrible idea for independent bands andmusici by kfg · · Score: 1

    I'm working ( no matter what it looks like). I've got a coffepot just a few meters away. The moggie is comfortably curled up on my desk next to my keyboard. She likes it when I'm working, something about watching other people do it I think.

    Ry Cooder & V.M. Bhatt is playing at a soothing level. Highly recommended.

    Sandlewood incense is burning on one side of the room, vanilla cavendish on this side.

    I wish I had a bit of Sake or Cognac (and it's Sunday. Blasted blue laws), but otherwise life is good. I'll sleep tomorrow.

    Or the next day. Whatever.

    KFG

  53. Does anybody still really need any music? by Anonymous Coward · · Score: 1, Interesting

    It seems like even back in the napster days when CD-Rs were still newish, but media had become so cheap I had ripped copies of all my friend's CDs and stuff from the library and then finally used Napster to develop a huge collection of singles. I felt like I had it all at that point and that was years ago. Then Gnutella was fun and I started downloading stuff I already had rather than trying to find it in the archives, same with Kazaa. It was just more convenient to download it than to find it.
    I think this is something that is being overlooked is that everybody already has everything they want at this point. Time to quit? Oh, sure. Whatever. So, the kids who didn't have broadband and CD-Rs way back when are the only ones who get screwed.
    I think the most shocking fact for the RIAA should be this one: the lasers in 48X CDRs are rated at a thousand hours burn time. That means these ultra cheap consumer devices are made in such a fashion that according to specs each one should produce 48,000CDs in its lifetime. Game over dudes.
    And now we're talking DVD. Let's see, seven hundred songs per disc? This is such a Quixotic battle.

  54. OT: Bottled water by swb · · Score: 1

    If you ask people who drink bottled water, they think they are getting better quality water with a better taste than they can get from the tap (even though they aren't getting better quality, they think they are).

    In Minneapolis, the tap water comes from the Mississippi river, and in a hot dry summer, the water suffers from the lowered river level. It smells clearly of an algae smell, tastes bad and suffers from increased turbidity. And then there's the chlorine, flouride and other year-round "features" of tap water.

    Even low-budget bottled water is at least highly filtered if not reverse-osmosis filtred, and tastes much better than tap water. Some of it really is spring water as well.

    If I drink water to drink just water, I almost have to use bottled because the tap can be quite foul. I use tap for cooking, though, as I'm not a total zealot. Some day maybe I'll get an RO filter for the kitchen.

  55. The real problem with Mercora (and iTunes..etc) by CashCarSTAR · · Score: 1

    The big problem I see with Mercora, is that everything needs to still be vetted by the powers that be. Everything needs to go thorugh official channels.

    I can't find live stuff (Especially multiple tapings and multiple levels?), no thanks. I'll stick to DC++, Soulseek and BT, thanks.

    Not to say that this software is completely useless. I think if the software is NOT bloatware/adware, has a decent interface+built-in player, that it could be an interesting way to explore new music. Depends on the speeds that I get for the downloads really.

  56. The RIAA won't let it happen. by Anonymous Coward · · Score: 0

    We've got a third round of DMCA lawsuits on our hands. The RIAA is using the DMCA to extort some more money for EMI and Sony...and this time they sued Jewel by mistake! RIAA Sues Jewel

  57. I _will_ pay. by XenonOfArcticus · · Score: 4, Insightful

    But only on reasonable terms.

    I have about 20Gb of MP3s. They're all mine. Ripped from CD's I own. Occasionally my CD was too badly damaged to get a good rip, so I've gotten a copy of a rip from a friend who owns the same album. Legal nit-picking aside, I think I have every legal right to do that.

    I've never bothered with Napster, Kazaa, Gnutella or their like. I make intellectual property for a living, and I believe artists and creators ought to get paid for their work. (A discussion as to whether they actually _do_ get paid anything by the music publishers is beyond the scope of this rant.)

    I want to buy more MP3s, legally. But I'm not going to bother with these half-assed more-expensive, more-restricted offerings. Sooner or later, they'll realize they have to offer equivalent or greater value to the consumer to win their business.

    I want to listen to my newly-purchased songs in WinAmp, right along side my existing rips that I legally own. And if I want to put them on my laptop and listen to them while traveling, so be it. And MP3 players, while cycling. And maybe burn some to a CD to listen to in my car. It's my music, I can do what I want with it. Anything less is unacceptible.

    Buying an entire album one song at a time and ending up paying _more_ than that album costs down the street at a bricks & mortar store? And getting a crippled, compressed, proprietary format that locks you to one CPU (what if it dies?) and only certain players? Who thought that was a clever idea?

    The end of insane music publishing margins and selling the same music multiple times to a consumer (vinyl, tape, CD, DVD-Audio, MP3, etc) is here. The industry needs to learn to trim the fat like everyone else, and actually deliver value. And, to treat their customers like customers, not criminals.

    I want to buy music. A lot of it. I'd probably drop $300 the first week such a reasonable system were available. And that's just the start. But lose this stupid business and operational model that they keep coming up with. Nobody wants less for more.

    --
    -- There is no truth. There is only Perception. To Percieve is to Exist.
    1. Re:I _will_ pay. by Anonymous Coward · · Score: 0

      You must not like music very much if your letting your CD deteriorate like that.

    2. Re:I _will_ pay. by Nucleon500 · · Score: 3, Interesting
      Thanks, you saved me having to write that. In order to sell something, it needs to be valuable to the customer. Depending on what the thing is and how you provide it, you can influence this value.

      Selling music online, if done properly (iTunes without DRM, or eMusic with mainstream music) has great potential, because it can offer great value. You (would) have the convenience of files in the format of your choice. You could listen to them on the computer, in the car, in your home, on your portable player, or however else you want. You get the warm fuzzy feeling of helping the artist, and of knowing that you won't be sued. You don't have to go through the hastle of ripping CDs. You would get album art, accurate track names, and high quality rips. You'd have a wide selection, it would be quick and easy to buy music. Parents could give their kids a music budget. Few would download illegally, because it wouldn't be worth dealing with the shortcomings of P2P networks. The economies of scale are more than enough to make the artists rich. This is the potential of online music sales.

      The music industry doesn't see this yet. DRM isn't helping them. As long as there are CDs, as long as iTunes lets you rip CDs, as long as there analog speakers, and as long as sound is transmitted through vibrating air instead of through an encrypted channel directly into a cochlear implant or nerve graft, DRM does not hinder piracy! DRM cannot have the convenience of unencumbered music: it won't be cross-platform, players will be expensive, there will be the chance of losing the music, the system will be centralized, and music won't have the tangibility and concreteness of a file. DRM, for me anyway, will always kill the sale. Others aren't so idealistic, but the inconvenience won't help. DRM actively drives people to illegally download music from P2P networks. The sooner the industry realizes this, the better off they'll be.

      Two paths to sanity: First, the industry might pull it's head out of the sand, give us a non-DRM cross-platform multi-format iTunes-alike, and reap the rewards. Second, the amplified marketing power of the internet might let eMusic or similar services become so popular that indie music could supplant the mainstream. These are interesting times.

    3. Re:I _will_ pay. by Peoii · · Score: 1

      I've got to say I agree. Especially with the "Nobody wants less for more". If you think of it along the lines of you're paying for a compressed audio format, that means that any audiophile isn't going to be lining up to snag these. However, for the general population who could care less about the losses that might occour, this type of system might indeed work. And people are foolish if they think that people won't pay for such a service. Heck, there are plenty of people who shell out large quantities of money every year for online gaming. The "pay by the month" type games have become exceedingly popular (as noted by the 300,000 mark for SWG), so if they're willing to pay for one form of media, whats to say they won't pay for this one? Simple as that really imho.

    4. Re:I _will_ pay. by Zebbers · · Score: 1

      how do you make intellectual property? ;)

    5. Re:I _will_ pay. by AaronStJ · · Score: 1
      I want to buy more MP3s, legally. But I'm not going to bother with these half-assed more-expensive, more-restricted offerings. Sooner or later, they'll realize they have to offer equivalent or greater value to the consumer to win their business.

      I want to listen to my newly-purchased songs in WinAmp, right along side my existing rips that I legally own. And if I want to put them on my laptop and listen to them while traveling, so be it. And MP3 players, while cycling. And maybe burn some to a CD to listen to in my car. It's my music, I can do what I want with it. Anything less is unacceptible.

      Try www.emusic.com. Unlimited downloads of plain old MP3s (high quality VBR, no less) for $15 a month.
      --
      Stupid like a fox!
  58. There will be legal P2P distribution... by imadork · · Score: 1
    But the End User may not be aware of it.

    I seem to remember a paper written by one of the founders of TiVo. One of their original ideas was a video-on-demand service for cable where if someone put in a request for a movie, the system would query other cable boxes in the neighborhood to determine if any of them had a copy, and download it from there if someone local had it. The user still needed to buy a "license" to view the movie. As far as the user was concerned, his on-demand movie worked like it always did, but the system was much more efficient because not every request would involve a server. In fact, the more popular a movie is, the less server bandwidth it would consume!

    Some content distribution will have to move to P2P, if for no other reason than to save on bandwith costs. The person who figures out how to do it (while keeping content providers happy) will make a lot of money.

  59. No digital by contrasutra · · Score: 2, Interesting

    Im actually against music being distributed digitally, rather then through CDs (or DVDs). Call me a freak, but I find music to sound too crappy in MP3 (or ogg, or whatever). Yeah, its ok for POP songs, but if Im listening to classical, or The Beatles, I want to hear it was it was intended to be heard.

    I dont see ever getting this quality online, even with broadband. I buy only CDs, and then rip some, and listen to the CD in my stereo. When I buy a CD, I have a hard copy of the best (sort of) quality, that I can then compress to my liking.

    I like CDs, though there is a place for digital music of course (sampling).

  60. It WILL succeed ... as soon as ... by fygment · · Score: 4, Insightful

    ... art is truly valued by the majority of society. Which is to say maybe never.

    How about this as a theory. How often have you heard an artist explain that they can't help doing what they do? That it's a spiritual fulfillment? Well then, isn't that the reward in and of itself? And maybe subconciously sensing this, society feels that it doesn't need art per se but that if someone feels good about producing it, well then it can be appreciated. But should society pay for it? Historically, it seems the answer is no. It isn't as if, except in relatively rare occasions, that art is asked for on commision (think big picture here e.g. were musicians approached for hire to invent "punk" music as a useful contribution to society or we hire bands for concerts or entertainment but not to create specific songs for us).

    So maybe musicians produce music because it satisfies something inside of them. And maybe that's the payback i.e. feeling good about expressing yourself and connecting, perhaps, with others.

    Now the music industry is about making money and their M.O. is ostensibly peddling other people's art. But if most of society doesn't really feel the need to pay for it, then what hope is there for any selling scheme if a free source exists?

    It seems that the preceding reasoning would mean the music industry should focus on those circumstances where music is readily payed for i.e. the concerts, film scores, etc. The production of CD's would then be viewed as a form of advertising and hence an expense, not a profit making venture. In that light, you would conclude that the music industry should embrace P2P since advertising doesn't get much cheaper.

    Funny world ... but not ha-ha.

    --
    "Consensus" in science is _always_ a political construct.
  61. The economics of music by andy1307 · · Score: 1
    Something i read in smart money magazine, June 03 edition..rough numbers

    Of the 1$ iTunes charges per song

    12 cents goes to the artist

    40 cents go the the website(in this case iTunes)

    30 cents go to the record label

    10 cents go to affiliates like Amazon/AOL

    1. Re:The economics of music by MsGeek · · Score: 1

      That $0.12 is way better than what the artist gets usually for every CD sold which is usually Jack and shit. And Jack just left town. I'd rather see the balance flipped to where the artist gets $0.30 per song and the record label only gets $0.12, but this is progress nonetheless.

      --
      Knowledge is power. Knowledge shared is power multiplied.
    2. Re:The economics of music by glenstar · · Score: 1

      Don't forget the .08 to the Harry Fox Agency and BMI/ASCAP (depending on how the music is delivered). Ah... and don't forget the bandwidth and storage costs of hundreds of thousands of 3-5MB tracks. There really isn't a huge profit margin there... except perhaps for the labels.

  62. Re:A terrible idea for independent bands andmusici by JayBlalock · · Score: 1

    There's a very simple solution. Route *all* money coming in through ASCAP rather than the RIAA. ASCAP divvies the money up among the artists (probably based on a statistical model of file distribution), and sends a chunk to the RIAA so they'll sit down and shut up.

    --
    Bush: He's Liberal in all the wrong ways.
  63. P2P versus paid for TCO by benwaggoner · · Score: 2, Insightful

    Actually, there are a lot of things a paid service can offer that pirate P2P can't:

    Guaranteed quality
    Much better browsing
    No spoofing or hoax downloads

    legal P2P can offer those, but you're still left with:

    Download speed

    Most P2P systems don't offer very reliable download speeds. I suppose a BitTorrent system could work, but I question how well it could scale up to hundreds or thousands of different songs for each user. The number of users who are logged in at any given time who have the correct song might not be that high. Also, most users has asymmetric download.

    If you're doing a paid service for relatively small files like music, it seems to make more sense to just own your own servers and pay for your own bandwidth. Much more straightforward to users, and not that expensive in context.

    1. Re:P2P versus paid for TCO by Simonetta · · Score: 2, Insightful

      The essesential core of the MP3-RIAA debate is the economic assumption that each buyer-seller transaction of music is an exchange of 40 to 60 minutes of recorded music for the financial equivalent of two to three hours of minimum wage work, and that this exchange will be done by the swapping of compact disks for money. It has always been assumed that the seller would be a music corporation and buyer an individual.
      This model has worked for about 60-80 years. The sale of songs for $0.99 US each is the same model facilitated by smaller and more precise transactions.
      Technology has blown this model out of the water and revealed the extent that abhored by millions of buyers. The industry needs to completely rethink its economic model to fit the new technology.
      The music industry needs to realize that they aren't in the recorded sound business, they're in the business of linking isolated individuals together through the use of music. They have done this by mass-marketing sound-encoded disks and tapes. By retooling their ability to manipulate the 'marketability of cool', to paraphrase Lester Banks, they can return to their previous position of profitablily and respectablity without relying on the sales of units of recorded sounds.
      I could go on and on. But it's sunny out....

    2. Re:P2P versus paid for TCO by benwaggoner · · Score: 1

      Good points.

      A big part of getting the TCO for paid music better than free is lowering the price.

  64. I can't wait... by Anonymous Coward · · Score: 0

    Until the inevitable tin-ear posts "But 128kb AAC is indistinguishable from the CD".

    Its predictable.

  65. BT by SpiffyMarc · · Score: 1

    I guess this guy stands to make a lot of money then.

  66. Will they succeed? by Coleco · · Score: 1

    Short Answer:

    No

    Why?

    Greed.

    If they decided to charge a reasonable amount per song, say 2 cents, it might fly. 99 cents for a encoded track is absurd. They're not cd quality and I would still have to burn them to get a hard copy.

    Secondly, selection is poor. Provide me with your *entire library*. Then we'll talk.

    In other words: Put down the crack pipe. Get with the program.

  67. It's been said before, but.... by Pink_Robot · · Score: 2, Informative

    As other posters have said, check out EMusic, which is exactly what you are describing. You pay a monthly access fee, and get virtually unlimited downloading (you're limited to 2000 songs over a 30 day period, but how many people would actually exceed that?). It has a good community, great music, gives you recommendations and they add new music on a regular basis. What's more, the music is completely unrestricted and it's owned by Vivendi Universal, so by using it you're encouraging the RIAA to move towards freer models.

  68. Re:pointless x1488 by Anonymous Coward · · Score: 0

    eMusic. Unlimited downloads, unlimited burning. LAME VBR rips. Costs less than a CD per month.

    Questions?

  69. P2P? yay for semantics... by Diamondback · · Score: 4, Insightful

    How is downloading your music from iTunes/Musicmatch/Napster 2.0/whatever P2P? there's no 'peer to peer'... you're downloading it all from a central server like you would any other data. It's not coming from someone else's personal computer that's sharing the data.

  70. [rolling eyes] by Anonymous Coward · · Score: 1, Insightful

    " ... art is truly valued by the majority of society. Which is to say maybe never"

    Art is valued; it generates billions of dollars a year.

    However, I'd point out that the bulk of what's downloaded is probably not art in the sense of being original, beautiful, touching people's lives, etc etc. Its pop-pablum designed to be like toilet paper; you use it once throw it in cold water, and flush it away.

    But people are paying for it, so its hard to say people don't *value* it, you're asking for a kind of freudian respect where people *feel* the value of art.

    They probably do, but not in the context of a Brittany album. No offense to Brittany, who has a billion dollars and a nice ass.

  71. Not to troll, but... by JeffTL · · Score: 1

    iTunes is still better. The songs are always there, they're always of excellent quality, the speeds are pretty good, previews are fast and free, AND you get exclusive content from artists up to and including such greats as Jimmy Buffett, David Bowie, Elvis Presley, and others. Can something that amounts to Napster with a fee come close to the impending Windows version of that?

  72. Physical music sharing by Anonymous Coward · · Score: 1, Informative

    Instead of sending the music over the network, office-exchange.com lets users exchange their music offline. Basically it lets you maintain a list of your own music, movies, etc. and then request things out of the libraries of the people you work with. They get an email asking to deliver the movie or music to you. Although it's kinda dumb for music (mp3s work better), it works great for DVDs or for technical books. Since only the original media is shared, it's legal.

  73. P2P a revolutionary act by consumers by r.future · · Score: 1

    Disclaimer: I believe that the internet should is a resource that should be free to people, the same way that air is. I also believe do not believe that people should be charged money for intellectual property such as music or programs (however charging for the material that programs, and music are stored on [ie: CD's] is ok, as is charging for the service of performing the music or offering tech support for the program.

    Having said that...

    As the computers and the internet have become more prevalent in lives of the everyday person/consumer it has, IMO, had a revolutionary effect of the lives of everyday people. It has given them more power as consumers to communicate with one and other about products that are on the supposedly "open" market. Now the consumers can, and many of them do use to internet as a tool to provide, up to date, if not instantaneous, honest information to one and other about anything and everything that is out there to buy. Prior to the internet consumers had to rely on their own experience with products, or the experiences of other people they knew (a number far less than the people who are available communicate with on the net today.) Of course they could rely on dead-tree-media such as magazines, and books, which are not nearly as convenient as the net is for information. Lastly, they could of course rely on the people selling/making the product that they were buying to provide them with non-bias judgment of the products that they sell/make.

    As the complex adaptive system that we call the internet, and its user base have evolved it has become, IMO, the most power tool for information transfer that the human spices have ever experienced; and now it has evolved into a truly revolutionary tool that people can use to actually give each other stuff that they would have to otherwise have to pay for. Now people can trade, music, picture, PDFs, and programs just to name a few. Note: that when I say "revolutionary" I mean not only that it is new and cutting edge, but that it is causing people to actually rebel against profiteering corporations that have been ripping off consumers for years.

    In the case pf P2P people are actively rebelling against the recording industry. A industry that charges upwards of $20.00 for a few pieces of plastic, paper, and ink that cost the company that produces them for sale no more than a few dollars to produce.

    Basically what I'm saying is that P2P was inevitable when the recording industry charges so much for something that costs so little. It is a direct result of their greed, and now there is just nothing they can do to completely stop it.

    UnuMondo's post put it the best "The era of paying for music is over." And to quote Chuck D "P2P means power to the people."


    -r.future

    --
    Note: this has been posted by r.future (a person who spends way to much time on the internet!)
  74. Legal P2P... by Stigmata669 · · Score: 1
    is like bundling the worst aspects of both worlds. Legal music downloading is great... iTunes Music is easy and not even that expensive for a (mostly) uncrippled download that sounds very good. P2P means unpredictable download speeds, crap shoot for quality, and in general painful searching for songs, the only thing that makes P2P worth it is cause it costs you only your time, and even then I often check iTMS before I go to download a song. I value my time and the work of artists.

    The way execs have responeded to P2P is retarded, but music should NOT be free. Cut out the middle man that is the RIAA, but it's simply selfish to consider that just because open source programs can be free for all that there can be a similar business model for music too. The open source coders are the weekend warriors of the tech world, but they don't pay the bills by working on an open source project. "Blah blah Metallica is rich blah lets steal from them" you say? I don't care how rich someone is, it doesn't give you the right to copy the work that made them rich. They got rich cause someone shelled out money for their product. If you don't think it's worth it, or you don't think that they should be rich then go without their music, don't tell yourself it's ok to copy it.

    --
    Yawn.
  75. I require lossless formats by blueworm · · Score: 1

    I won't buy music via online distribution systems until they can distribute them in lossless formats like Shorten, FLAC, WavZip/Pack, or Monkey's Audio.

    1. Re:I require lossless formats by Anonymous Coward · · Score: 0

      I agree
      I don't understand what all the hubub about mp3 is.
      It is a shitty listening format.
      Maybe the proles ears don't give a rats ass
      if the cymbals are too tinny or if the woodwind
      has a metal sound to it.
      Give me lossless or give me silence.
      I am no bat or a dog.
      I consider my hearing to be average.
      Noone has evidently ever bothered to point out the bullshit you hear in a mp3 to the ones who love that shitty format.

    2. Re:I require lossless formats by blueworm · · Score: 1

      MP3 really is a terrible format. Ogg Vorbis at the 5.5 quality setting sets even MPEG-2 AAC on fire and dances on the remains. That's as far as lossy formats go though; I still want lossless.

  76. I would actually pay... by Larmal · · Score: 1

    if they made the price cheaper. Honestly, at 99 cents USD a song, and me living in Canada, that is not cheap. In fact, I'd still be paying the same price and I'd have less freedom to do what I want with it. Also, a couple of the bands I really like (such as Olivia Tremor Control and Circulatory System) have 20+ tracks on an album... some of them being less than a minute long. Why would I pay 26$ CAD for 20 songs when I don't have the original cd, cover art, etc. and DRM restricts what I can do with it? Now, that in mind, I do buy a lot of albums... it's pretty much my hobby... however, I mostly buy vinyl. I would love to have the ability to download the vinyl in electronic format... but at a dollar a song (buck-thirty canadian), it's simply not worth it. Perhaps if it was something like 25 - 50 cents a song, for 2.50$ an album... well, I'd be all over it.

  77. How to trade MP3s legally. by Anonymous Coward · · Score: 0

    Here is an example:

    You purchase the rights to a large storage device (100GB+) and very fast Internet connection (100mbit+). People pay you with thier rights of thier music that they encoded themselves in exchange for storage of thier music just in case thier copy gets ruined.

    This is how the underground elitists operate. It is very profitable for them to put $100+/mo into storage and Internet connection at a colocation service in return for the rights to $10,000+/mo worth of music rights in return.

    This is not illegal. Thanks.

  78. furthurnet by Anonymous Coward · · Score: 0

    It is called furthurnet.
    It a legal P2P system.
    How is it legal.
    All the artists that can be downloaded/traded
    etc allow live taping of their music.
    No you can't download their store released stuff
    but you can get all the concerts you want that is available on the network at the time.
    Really it boils down to this.
    Write your favorite artist and ask them
    why they don't allow live taping of their music.
    Was anyone aware metallica allows live taping?
    You can freely trade their live concerts.
    Just don't go after the ride the lightning album.
    So either pick better artist's to like :p
    or write to them and demand they change their greedy little ways.

  79. Of course there will be p2p by rsilvergun · · Score: 1

    it's a great way to get your customers to pay your bandwidth costs. Of course it'll be heavily encumbered with digital restrictions. So yes, they'll be p2p, but it'll suck for the consumer.

    Oh, and what the hell's with $1 a song? At that price it's on par with buying a CD used, but without either a) nice packaging and b) a reliable backup of the data (remember those articles on how cheap cd-rs can only last a few years?). Then again that price is probably half buying it new, and the used market won't matter if the RIAA members 'retire' the CD format in favor of p2p.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  80. Expensive host by Nazmun · · Score: 1

    Hi... A bit off topic but 4 mb costing pennies is a bit too expensive don't you think? Most places give you more bandwidth then that. You should be able to get 3 gigs for a dollar at the least.

    --
    Hmmm... Pie...
  81. NOT P2P by Anonymous Coward · · Score: 0

    I dont get how people can call all of these alternatives P2P. Itunes is not P2P. And unless you download music from other people, and not from their servers, there will never be legal P2P.

  82. iRATE Radio by josath · · Score: 1

    You have to check out this awesome app...technically it's not P2P, but what it does is find free MP3's online for you, and then reccomends new ones based on how you rate them.

    It's also open-source, multi-platform:

    http://irate.sf.net/

    --
    sig? uhh, umm, ok
  83. Why digital music formats should be unrestrictive by commie_pig · · Score: 1

    My essential problem with formats such as WMA, is that I don't get the freedom to do with my property (albeit digital property) as I please.

    Regardless of what kind of encryption trickery anyone can come up with, someone will either a) break it (DVD), or b) copy it to another format.

    So, I think people should sell music online, using formats like MP3 and OGG.

    Sure, there will always be pirates, but I think that a fair amount of people would want to legally pay for music, especially if they know that the artists, and not some fat and overpaid record company executive, would reap the benefits, and so be encouraged to produce more music.

    I really hate people who think up half baked quotes, and then attach them to their postings as "anon" - Anon

    --

    "I hate people who fabricate unintelligent quotes to add to their work seemingly by some 'anon' sage" -- anon

  84. MusicMatch's biggest problem. by PsychoSpunk · · Score: 1

    I looked at the MusicMatch site to get an idea how similar it is to iTMS from Apple. It's pretty close, except for a real problem: Deactivating a computer is permanent. That, and I couldn't find out what format the songs from MusicMatch are (or a list of players for the "legal" music).

    I don't think that you can really call, MusicMatch's service or Napster 2.0 a P2P service. They're all really just a new way of the corps selling stuff to consumers. There's nothing peer here. Move along.

    --
    ALL HAIL BRAK!!!
  85. free spirit of linux by l1nux_guru · · Score: 1

    why pay money for emiminem faggot when u can get tons of great music for free. best bands arent signed cos they wont compromize and know that music is like food and air and water and speech -- free -- and i dont mean that electronic shit i mean proper bands with proper instruments who play live i dont use kazaa cos its evil $pyware so i use xnap on my gentoo boxen but i dont use sun java cos they wont open source -- and they wonder why sun is dying

  86. The future of music distribution by mabu · · Score: 1

    P2P will definitely survive. But P2P isn't the true future. The "industry" will be broken into two pieces: commercial and non-commercial, and the non-commercial aspect of the industry will be a hundred times larger, and serve as a breeding ground for artists. Touring will not be as important. More effort will be focused on marketing and distribution and online merchandising. P2P will be one of the major marketing mediums but will eventually be overshadowed by aggressive efforts on the part of the independents to establish larger, better quality sources of content.

    Aside from the standard arguments, P2P is flourishing because of two things that are outside the control of the current copyright wars:

    Convience - Being able to grab content very quickly and conveniently.

    Performance & Availability - P2P works because the bandwidth needs are divested among the online populace.

    These two issues will eventually be addressed as broadband becomes more common and economical, and web sites make more of an effort to expand the content they offer and aggregate other content into single points of presence.

    P2P has never been about stealing. It's always been about convience. The media have just exacerbated the existing frustrations felt by their market by refusing to acknolwedge how they got into this mess in the first place: by not giving their consumers enough choice and convenience.

    Every day, things get worse for the traditional business. In addition to the industry's refusal to aggressively pursue innovation, they've stagnated the state-of-the-art by cranking out bland, formulaic product that is devoid of depth. Meanwhile 99.9% of artists who won't sell-out their soul have less of a chance to exploit the traditional marketing and distribution mediums, and most are asking themselves why they'd want to in the first place.

    The massive considation of the media has made things worse, but it's helped the underground industry. P2P is just one sign that people are fed up with the crap being passed off as art. There are many more things to come.

    I see a future where there are alternate networks in cyberspace that feature tons of new artists that have never had a voice before (as evidenced by many noble efforts such as IUMA, Songramp, MP3.com, etc. but this is going to grow dramatically), and this spawns influence over the mainstream media, all the while the RIAA keeps trying to figure out who they can sue instead of paying attention to what consumers really want.

  87. I would want to OWN my purchases! by jmors · · Score: 1
    At slightly less than a buck a song, downloading online music is actually MORE expensive than buying the album in a store. Even given that fact, the conveinience of being able to shop and purchase my music at home on the spur of the moment after having listened to it on internet radio perhaps would still entice me. Also the thought that I would be able to purchase only those tracks I really wanted to listen to may be worth a bit more.

    Given the current manifestations of the "legal" music download services however, there is no way I would touch most of them. Pay a monthly fee and then lose the right to listen if I stop my subscription? Give me a break. Pay for a song but I can only listen to it on my computer or on my computer and one or two alternate systems... no... I payed for it, I should be able to burn it to a cd,or take it with me while walking through the park on my portable mp3 player. I should be able to copy it to my desktop machine, linux OR windows in some truly portable standard media format. I should, in fact, be able to copy it to my work compouter, my home desktop, my laptop or any number of other places if it is conveinient for me to do so. It is MY music if I purchase it! I can do that today if I were to buy a cd in a store (well most cd's), though I have stopped all cd purchases until the RIAA gets there priorities straight as I am NOT going to help support their campaign to extort money out of 12 year old girls who live with their single mom in a housing project or a woman who doesn't even own a computer with an operating system that could run kazaa!

    I believe in paying for what I want, a reasonable price for a reasonable value. I may be willing to pay a bit more for conveinience but not for added restrictions.

    Ask the RIAA executives how much MORE they would be willing to pay for a car they could only drive on certain roads and even then only for as long as they paid the monthly fee, yes even after the car was completely and totally paid for!

    --
    The Matrix is real... but I'm only visiting!
  88. What do you mean "Legal P2P Music Distribution?" by Anonymous Coward · · Score: 0

    Are you asking if pay services that allow music download will ever succeed? There are plenty of other areas of music downloads that are perfectly legal that don't involve buying music over the internet. (I'm thinking first of Grateful Dead shows, Phish shows.... but there are other examples).

  89. Apple already a success.... by irabinovitch · · Score: 1

    Apple's store already seems to be a success. Hopefully they'll get a windows client out soon.

  90. you apparently don't know capitalism by Anonymous Coward · · Score: 0

    "Someone produces something of value, you *should* pay for it. If a band produces good music, traditional social programming tells us, they should be rewarded for it."

    No, actually, people buy what's cheapest (or free). While people will pay for thing they perceive of value, between free radio and the whole P2P phenomenon, people don't see any value.

    It doesn't help that Hollywood has shifted gears to producing fewer CD's hoping for the next nsync or brittany. There is no "loyalty" any more; laugh at the dead, or chicago, or the stones. They got an audience and kept them through 4 decades. That takes work and talent, something record companies no longer have.

  91. private sharing bit torrent sharing networks by rjnagle · · Score: 1

    I wrote an essay about the subject at sharethemusicday .

    The big problem I see with the online sites is not the legal issues but the usability. mp3.com and other free mp3 downloads use a web browser to serve music. Bad! We need a more sophisticated client, like p2p or bit torrent (or like the audiogalaxy satellite). I can't remember if winamp is good at managing mp3 downloads.

    I advocate a voluntary compensation method as the only credible way to compensate artists (and I fault commercial music webhosts for not allowing musicians to include tipjars). I would rather donate money to artists after having the opportunity to listen to all them. (When the Courts ruled against Verizon last March, I vowed to stop listening to commercial music altogether). Instead music webhosts feed the musicians' illusions that labels are still searching for talent to sign. Do you know musicians pay $100 a year to put their music on mp3.com?

    But I would happily pay $10 a month to a music hosting site that provides an easier interface for managing downloads and files. Looks like none of the music hosts have really tried that yet. (Musicmatch--which is more of a pc application-- is probably the best of the bunch for that, and even they aren't that good).

    I'm surprised that mp3.com isn't using bit torrent to distribute the bandwidth load. Mp3.com should create a private p2p2 network using authentication to share all files in the mp3.com universe.

    --
    Robert Nagle, Idiotprogrammer, Houston
  92. Re:A terrible idea for independent bands andmusici by Saeger · · Score: 1
    Agree. (ugh).

    You're looking for something like iRate radio:

    iRATE radio is a collaborative filtering client/server mp3 player/downloader. The iRATE server has a large database of music. You rate the tracks and it uses your ratings and other people's to guess what you'll like. The tracks are downloaded from websites which allow free and legal downloads of their music.

    Once it "learned" what I liked, I found it much more convenient than dl'ing random tracks off P2P. There's a couple other projects, like Audioscrobbler, that are attempting this kind of thing as well. It's the Fuuuuture, Marty!

    --

    --
    Power to the Peaceful
  93. RIAA gets verbally spanked... by depsypher · · Score: 1

    Being a recent c-span junkie I came across an hearing on filesharing that I think brought up some interesting points...

    The main thrust of the issue as I see it is that organizations like the RIAA are legitimately losing money from p2p, but it's only because they refuse to give up any control in the way their content is distributed. They've had a strangle-hold on the market for decades and now they're crying because they didn't think of p2p first. Networks like kazaa have been trying to work with the RIAA to get licensed content from RIAA, but have been turned down at every opportunity.

    Chuck D summed it up well when he said "As far as I'm concerned P2P means 'Power to the People'" I don't think that the proponents of P2P filesharing are anti-business necessarily, but the one's in control have for such a long time been the execs in the music industry that many see the losses they're taking right now as a leveling of the playing field. P2P isn't going away, and the sooner the RIAA recognizes that and plays ball with networks like Kazaa, the sooner everyone benifits and makes money.

    Anyone interested should check out c-span's site at c-span.org and look for this video (requires realplayer):

    Sen. Subcmte. Hearing on File Sharing & the Entertainment Industry (10/02/2003)

    go about 2 hours and 1 minutes in to hear Chuck D's testimony... I must say it really made my day to hear the RIAA and MPAA get verbally spanked so eloquently!

  94. Limits? by freeweed · · Score: 1

    Just curious, I've been thinking about giving emusic a whirl, but your post raises a question:

    On the site, they advertise "Unlimited CD burning, unlimited transfers". Nowhere in their TOS could I find anything related to transfer limits. Not that I plan on downloading 2000 tracks a month, but I'm assuming you're using hyperbole. Any idea what the real limit is? (God, I hate companies that lie in their advertising)

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  95. only if there's a drastic value-add over FM by alizard · · Score: 1
    Convenience, perhaps. The ability to offer CD-quality sound. (if you think that's offered by iTunes or WMA, get your hearing checked)

    But few consumers now are going to buy the horseshit that we should actually pay for broadcast-quality content without some sort of value-add to the material.

    Their options are to come up with something better or fail miserably.

    If they think a failure and using the law amd the courts and attacking their best customers to protect their content and distribution monopoly will help them, their dropping profits and declining stock prices are telling quite another story.

  96. P2P is already a legal, free success... by schnitzi · · Score: 1

    ...for those bands that choose not to get in bed with the RIAA, and allow their music to be distributed freely.

    --



    I object to that article, and to the next reply.
  97. It could, if... by StarKruzr · · Score: 1

    ... they cut the price exactly in half.

    A dollar a song is absurd. I really *COULD* record the song off the radio for free, and with a really good radio it would sound approximately as good as a 128kbps MP3. Would I somehow be outside my rights to do that?

    For 50 cents, though, I could get a 16-track album for 8 bucks. That's reasonable, and convenient.

    --

    +++ATH0
  98. Bottled water *is* better in some places... by TexVex · · Score: 1

    In much of the deep southeast, tapwater has a high mineral content that gives it a faint sulfurous odor. Throughout the midwest and southwest, the water is very hard and has a definite earthy flavor. The tapwater in these places is certainly very high quality due to public health standards. But it is water that stinks and tastes like dirt even when run through a cheap faucet filter. For these people, bottled water is definitely higher quality in a definitely perceptible manner.

    Regarding pay-to-download, there could very well be a quality difference as well. If you're P2P-ing it, you don't know the source of the MP3. It could have been ripped at a low bitrate or with a crappy ripper. Hopefully these pay-to-download services will offer consistent high-quality encoding. I hate that wavering sound you get in the high frequencies in low-quality MP3s. I subscribed to EMusic for a couple months, downloaded a few tracks, and then quit because their MP3s were low bitrate and sounded like it.

    And also, I recently purchased several old arcade game roms from StarRoms after reading a Slashdot article that mentioned it. I did this even though I knew where I could get them for free, despite the fact that sites distributing these ROM images are routinely shut down by C&Ds from IP owners. I did this because it is comforting to legally own something, and I also did it to make a statement:

    Today's digital technology allows for archival and on-demand transmittal of copies every single piece of intellectual property ever created. There is no excuse for anybody to not sell or give away their IP over the internet. Don't shut down video arcade game ROM sites and then NOT sell the ROM images you are "protecting". Record labels, don't go sueing people for file swapping until your entire catalogs are available for purchase online. If you sell it, people WILL buy.

    --
    Fun with Anagarams! LADS HOST, SHALT DOS. HAS DOLTS. AD SLOTHS, HATS SOLD. ASS HO, LTD.
  99. It is interesting to play with first sale. by ahfoo · · Score: 1

    Despite the way some have tried to dismiss it, the doctrine of first sale is a very unresolved issue in law that has everything to do with the definition of "copy" and the technical details of the functions of digital devices.
    So, if this system is working that angle, as it seems to be, then it could be quite interesting. It's one thing to charge for music like I-tunes, but it's quite another to set up an E-Bay like exchange network for digital music where the participants can also make cash dollars.
    On the one hand, since it's commercial, you create a record of each transaction and hence there is a degree of individual liability.
    On the other hand, since it's commercial you create the opportunity for REAL piracy: illicit trade in copyrighted works for cash.
    It is possible to imagine that this could turn out to be the system that makes the RIAA say --damn, we should have worked with Kazaa. At least up to this point nobody in the digital world is challenging the RIAA as the body to collect profits from the works in its collections. This could change soon and ironically, though not surprisingly, due to the RIAA's own efforts.
    A secondary E-Bay like market could be huge and it's not clear at all that it would not be legal as well. In concept it would be completely acceptable under the law, but in practice it is quite easy to imagine people bending the rules about deleting thier existing copy. They speak of Windows2997 Super Duper Double Cross Your Fingers Stick a Needle in Your Eye encryption, but imagine some outgoing young innovator finding a way to convert his existing MP3 collection to this format and forging his ID in the market. Whoo, tempting proposition.

  100. Re:A terrible idea for independent bands andmusici by Anonymous Coward · · Score: 0

    Why do I as a listener need to spend hours on end in order to find the music I like? I'm generally NOT interested in surfing/downloading/burning/ripping music, I just want to listen to it!

    Give me a service that makes me personalized playlists based on my current mood, make it automatically suck the mp3's down to my player (via server or p2p - hopefully a combo) and let me treat my mp3's as I do my webcache. By allowing p2p, getting music might be quicker if it can be fetched locally. As well, you might be able to work offline (in ad-hoc modes. Say at a jazzclub...).

    So, I want a personalized, precachable radio that allows me to skip and rate. I will of course be willing to pay for such a service, although it has to be a fixed price solution - otherwize I have to keep a copy of my songs.

    I will also buy some CD's, for whenever I sit down in front of my stereo to listen to high quality music, but they also need to be more reasonably prized (say 5-8 bucks).

  101. Legal P2P will succeed... by Lasuuco+Tulkas · · Score: 1

    Legal P2P will succeed when the laws which ban the sharing of music are put to death. IP law is a joke and only serves to keep people in an artificial state of wealth - while simutaneously eroding a cultural backbone in the name of greed.

    Face the facts - music is something to be shared by a culture, not kept locked away for the privilaged few.

  102. Lossy compression? by Anonymous Coward · · Score: 0

    If lossy compression is unnoticeably different from the original, why are they selling us "CD-quality audio"? What about "DVD-A"? If the watermarks on DVD-A cannot be heard by the human ear, why are they selling a new audio system that goes up to 192kHz?

    I say "piffle".

  103. out of publication by Quixadhal · · Score: 1

    One of the strengths of the various P2P networks, and one which the industry seems to ignore entirely, is the ability to find and preserve rare and out of publication media.

    If you log into Kazaa, and search for some rather obscure television or radio shows, you'll probably find them. If you were to then go to the original publisher, you may be told that those items are not available, and that it would cost too much to make them available because of low demand.

    Guess what? Making them available via the internet costs someone's time to do the initial rip from analogue to digital, and then the pennies of bandwidth to stick it up for the offering. I know I'd pay a few dollars per episode for some TV shows that I never got to see, and that aren't popular enough to make it to the DVD farm. I'd pay more if someone took the time to clean them up.

    What I won't pay for:

    DVD box sets which artifically inflate the price after the release. The X-Files originally sold for $80/box, then around the release of season 4, they all jumped to $120! No.

    CD's which are antique media, are no longer a standard because of copy-protection, are low quality considering that DVD's are usually 5.1 surround, and have some drug-hazed maniacs sitting on the RIAA board of directors deciding to treat everyone as criminals unless they can prove their innocance... maybe if they include some of what they're smoking in the jewel case???

    Replacements for damaged media. CD's were billed as "lasting forever". If they wear out through normal use, I should be able to order a replacement for a minimal fee. I currently can order a replacement for $15. :(

  104. Re:A terrible idea for independent bands andmusici by ticklemeozmo · · Score: 1

    Give two cuts away on your website under an open license as a demo...Sell 'em the rest of the album at five bucks a pop.

    This still doesn't answer the question of what happens when KFG (for example, I'm not accusing) pirates this $5 album on the P2P network and no one buys it anymore...

    --
    When modding "Informative", please make sure it both has a source and IS actually informative.
  105. True... however... by phorm · · Score: 1

    Do those thieves think of themselves in the same way you do, or do they view themselves are better than those who are dumb enough to leave valuables in a car (digital camera), not lock up, use decent alarms, etc etc?

    Maybe most of them view themselves as we view ourselves... there are just more people using P2P than jacking cars.

    And no, I don't believe that it is the same between P2P and robbery. Car jacking, household robbery don't involve physical damage or loss.
    However, if you count "professional pirates" they're not much better than common thieves. That guy in the street selling ripped copies of movie X 2 days after (or even before) it was out in theatre? It's organized crime, and while it lacks the smash-and-grab bad image of common thievery, you'd better believe that it still includes some of the less savory parts.

    The real problem is that some can't equate the difference between these and common P2P'ers, and throw them in the same basket under the name of "piracy"

  106. Piracy, Decency, and Common Sense... by g4m3rguy5676 · · Score: 1

    Alright, personally i think that yes money should be paid for cds. However, the price of the cd should be proportional to its value. The reason so many people simply download music is because of cd prices now a days. Modern day example, the Linkin Park cd Reanimation costs $20. Is it worth $20? No way in hell. That cd blows, and i say that as an honest to god Linkin Park fan. So why, if something is so craptastic, should we be forced to pay such a high price? There is no good reason, so free downloading seems like the more logical option. However, that doesnt mean we are all "piracy whores" like many people try to say. I am currently sitting in school with 30 cds, and only 5 or 6 of them are burned. Thats right, we "piracy whores" buy cd's too. The difference is, we only pay for cd's worth buying. I'm sorry but i wont pay $20 to listen to 3 songs, its just stupid. And as for the $1 a song offers, that is a load of crap. If i'm going to pay for music, it needs to come free of control. I paid money, i dont need the internet telling me what i can and cant do with the music i purchased. So its simple...if you like the majority of a cd, then go buy it. Yes the RIAA takes more than it deserves, but at least some money does go to the band. But i still stick to my belief that if there is a case where the cd only has 3 or 4 good songs, downloading is fine. If artists are going to release crap, then thats what they deserve it return. Ok i'm done ranting now.

    --
    The people who THINK they know everything are rather annoying to those of us who DO know everything.
  107. Nice! by Anonymous Coward · · Score: 0

    Thanks!

  108. Bring on the Digital Download alternatives by jason_bourne · · Score: 1

    Mac's iTunes service sold 10 million songs in a four month period. The demand is definetely out there, but the service hasn't been available. I've been anxiously waiting for a company to provide a digital download site for the rest of us (non mac users). The current file sharing programs are great, but I'm tired of not always finding the music when I want; receiving incomplete or corrupted music files, and poor download speeds. And I'm sure there's a lot of other people out there who feel the same way. 10 million+ can't be wrong. I checked out the Mercora site. It's not oprational yet, but they allow you to register in order to receive an early preview of their service. The other sites do that as well. Anyone know of any other future sites?