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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?"

18 of 260 comments (clear)

  1. 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.
  2. 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!
  3. 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.

  4. 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.

  5. 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

  6. 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).

  7. 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?

  8. 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
  9. 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.

  10. 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.

  11. 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).

  12. 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.
  13. 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.
  14. 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.

  15. 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.

  16. 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?

  17. 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