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Economics of File-Sharing

Umair writes "The Red Herring's got an article by me about the economics of file-sharing, which argues that the music industry should provide insurance...against itself. This is because the contract listeners sign with labels is risky - it lets labels shirk on their end of the bargain. That's why file-sharing isn't just 'theft', it's risk-sharing. The original, longer, version of the paper is here, which argues that this a situation economists call double moral hazard."

265 comments

  1. 14.4! by Aliencow · · Score: 5, Funny

    They should just pass a law to force everyone to use 14.4K modems unless you own the totality of the music owned by the RIAA members, and still have the original bill, of course.

    Or sue "teh interweb"

    1. Re:14.4! by AntiOrganic · · Score: 4, Insightful

      Then we'd have the same situation we had in 1996, with record labels going batshit insane and trying to shut down MIDI sites.

    2. Re:14.4! by Aliencow · · Score: 5, Funny

      Well they already tried to shutdown lyrics sites didn't they?
      I mean...if I can read the lyrics why do I need to buy the CD? Sounds obvious to me!

    3. Re:14.4! by Anonymous Coward · · Score: 0

      With a simple assortment of musical notes, lyrics, instruments and a recording device you too can be a criminal!

    4. Re:14.4! by Jebediah21 · · Score: 1

      They did shut down lyrics sites. RIP lyrics.ch >;[

      --

      Everytime you look at porn a devil gets their horns.
  2. One weakness of both articles: free always wins by peeping_Thomist · · Score: 5, Insightful

    Both of the linked articles make a compelling case that consumers embraced file-sharing as a form of insurance in a situation of moral hazard. What the articles don't explain is why consumers would be willing to move away from file-sharing toward any of the various proposed contracts.

    --
    Anything worth doing is worth doing badly -- G.K. Chesterton
    1. Re:One weakness of both articles: free always wins by Sawbones · · Score: 3, Interesting
      It doesn't offer a solution but it does address the issue. About halfway through the article mentions that the file sharing systems in place have created a double moral hazard - since now some of the music "principals" (us) are shirking their responsibility to compensate the agent (the record labels) by paying for the music.

      The ideal situation is, of course, sample music, find what you like, buy it. It's just that in this case it's step 3 that gets the "???".

      --

      Ad in classifieds: Pandora's Box (no box) $5
    2. Re:One weakness of both articles: free always wins by cthugha · · Score: 4, Insightful
      What the articles don't explain is why consumers would be willing to move away from file-sharing toward any of the various proposed contracts.

      There are a number of explanations, the most obvious being enlightened self-interest (you need to pay for music if you want more music down the track) and the acqusition of intangible secondary beneifts (you pay for a warn, fuzzy feeling of goodness and righteousness). Both aren't strong factors in the current market because of the predominant consumer sentiment against the record labels, i.e. consumers think the labels can take the loss associated with infringement or are just ripping consumers off anyway.

      It's true that classical economics doesn't model this very well, but classical econimics doesn't model open source/free software process very well either, a fact that has in no way impeded the continued existence of that process.

    3. Re:One weakness of both articles: free always wins by teamhasnoi · · Score: 1

      Thee is one case where free doesn't win. When the quality of the free item is far inferior to the paid item. Fill in the blanks.

    4. Re:One weakness of both articles: free always wins by localman · · Score: 5, Insightful

      In a word, "service".

      People would be willing to pay for better service. In fact, they already do. Witness the amazing success of the iTunes Music Store thusfar. This is in spite of the fact that people can download the same songs for free. More reliable searching, faster downloads, and consistant quality are worth about $.99 per song to a heck of a lot of people.

      If the RIAA had kept it's focus on pleasing customers they would never have had the problems they're having now. A good lesson for _any_ corporation.

      Cheers.

    5. Re:One weakness of both articles: free always wins by Moochman · · Score: 5, Interesting

      While it's true that many gawk at buying music when they've got broadband and KaZaA, I think there's a decent population that would be willing to pay for music, on CD or otherwise, if it came with extras such as interesting CD booklets (or downloadable versions thereof).

      But as for this article, it misses the point that it itself initially makes: the companies aren't investing in the search for the artists.

      This is enabled by an aspect of the music industry that the author doesn't take into account: MTV and radio. The way it works is basically: Industry says to MTV: play this music video; MTV plays it repeatedly; the video is seen enough times that the song get stuck in viewers' heads; the viewers then request the song on radio; and finally the song gets played so much via radio that everyone knows it and are brainwashed into buying the album, because it's got that song they know and love. The song could be absolute crap in comparison to everything else, mind you, it's just a matter of what the industry decides to support. Generally the looks of the artists are the deciding factor.

      Only rarely does truly original, interesting new music get played on the mainstream radio stations, and then it's usually a battle for it to really become "mainstream" (because, after all, it's not a music video on MTV so no one's heard of it).

      So, basically, since the recording companies CAN control listeners' preferences, they do. Smarter listeners (the ones who seek out interesting music themselves), on the other hand, have no easy way to connect into the closed media-driven circuit. And they end up downloading music online, or copying it or ripping it, simply because there is no easier way of discovering interesting music short of shelling out tons of cash.

      Therefore, the problem that needs to be solved is that the industry needs to do its job and seek out the good music, not make up for its laziness by offering cash-back incentives, as the article suggests.

      Until this starts happening, I don't see any reason I should go into Sam Goody.

    6. Re:One weakness of both articles: free always wins by peeping_Thomist · · Score: 5, Interesting
      if it came with extras such as interesting CD booklets (or downloadable versions thereof).


      This is one of my pet peeves: back in the 1970's, album covers and inserts were an art form. You would buy an album, take it home, open it, put the record on the turntable, and then sit listening to it while you absorbed the cover art and (often) the fold-out section. It was a true multimedia experience, and many of my memories of favorite albums are inextricably linked to the tactile and visual sensations of the album cover. The covers were huge! They filled your entire field of vision! And they were designed by interesting artists who built in elaborate connections to the music itself.


      Those days are long gone, and it's a sad thing.

      --
      Anything worth doing is worth doing badly -- G.K. Chesterton
    7. Re:One weakness of both articles: free always wins by Michael+Spencer+Jr. · · Score: 4, Insightful

      I think the author left that out because, to an economist, it seems obvious. The cost/benefit decision consumers make isn't predictable, but it's well-understood. There's some value at which certain percentages of the population think it's better to buy music legally than to break copyright law. The simplistic view I had before reading this article was based on that concept -- I felt that record companies needed to bring their prices down until an acceptably large portion of the population returns to buying copies of music.

      If your particular "crossover point" is under a penny, that doesn't invalidate the author's interpretation of human behavior in economics terms. The law of supply and demand has already weeded you out.

      The author's paper has changed my opinion. It was extremely insightful, and therefore very persuasive. It doesn't require that we trust the author's expert opinion about anything in particular. Instead he draws from real-world examples that demonstrate common-sense economics concepts, applies formal economics terms to them, and then uses those terms to distance the reader from the emotional impact of "stealing music" and "starving artists" and allow the reader to think about the risks and expectations involved in buying music.

      Some users have been misinterpreting "moral hazard" to mean something about placing a "morality cost" on the act of copyright infringement. Some then use this as an opportunity to state that their particular "morality cost" is near zero. That's not what the author meant by "moral hazard". The term doesn't specifically refer to morality, but rather refers to the hazard inherent in trusting that a record label will only charge a fair price, especially when we can't see what they're doing or how they're doing it.

      Others might interpret the point of this paper to mean other things, but in my interpretation: people who use the term "moral hazard" as an opportunity to talk about how much people value the legal risk of copyright infringement are missing the point and should be considered offtopic; and people who misunderstand "moral hazard" and think it's talking specifically about the value of that legal risk are probably not reading or not understanding the article.

      The article makes good sense, and is worth the time it takes to read it carefully: when I buy music I can't help but wonder if the "agent" (the label) is pricing fairly or unfairly, because I can't see how their business process works. Also, now that the author brings it up, it would help if there was some kind of "insurance" such that I don't have to pay so much if the music I buy sucks, but also if I don't have a chance to abuse this "insurance".

    8. Re:One weakness of both articles: free always wins by mniskin · · Score: 3, Interesting

      I don't think the RIAA is too upset about people downloading small numbers of unknown artist's music. Most of the crap on kazaa is mainstream garbage like 50 Cent and the like. Not that I don't enjoy it, or anything, though. But the point is that the vast majority of kazaa users just want to download the very product that the "agents" are contracted to find for them. They obviously like what they're being fed. If everyone left Ludakris' new album alone and instead ripped and traded Joe Banner's Nostalgia Quartet and Ukelele Band then there would be no problem.

      So basically, what I'm saying is this: complaining about the quality of the choices that the music industry makes when they decide which artists to market is completely a moot point. All they are upset about is that they do their job only to have the consumer reneg on their side of the bargain and download their products for free, but only after benefiting from the music industry's work and investment. The proof that they have held up their end is that the consumer vastly prefers to steal music industry supported artists to unknown independents.

    9. Re:One weakness of both articles: free always wins by peeping_Thomist · · Score: 1
      Some users have been misinterpreting "moral hazard" to mean something about placing a "morality cost" on the act of copyright infringement.


      I agree that this is a misunderstanding. I also agree with most of the comments you make. They were very interesting articles. But even if it would be obvious to most economists, I still think the articles failed to address the specific question of why consumers would be motivated to stop using file-sharing. Suppose I have, on the one hand, the RIAA offering me one of the new schemes the article proposes, and, on the other hand, file-sharing. Why should I embrace the RIAA proposition?

      --
      Anything worth doing is worth doing badly -- G.K. Chesterton
    10. Re:One weakness of both articles: free always wins by Moochman · · Score: 2, Insightful

      I don't think the RIAA is too upset about people downloading small numbers of unknown artist's music.

      You're right there, and maybe I did go a bit far with the "smart listener" as victim.

      I should also note that after reading the "How the Top 40 Works" article, I realize that it's even more of a closed loop than I thought--listener requests have much less influence than "playlists" which are in turn influenced by the labels.

      All they are upset about is that they do their job only to have the consumer reneg on their side of the bargain and download their products for free, but only after benefiting from the music industry's work and investment. The proof that they have held up their end is that the consumer vastly prefers to steal music industry supported artists.

      There you're wrong. That the consumer "vastly prefers to steal music industry supported artists" proves nothing about whether they held up their end of the bargain, because 1) it's being downloaded based on its familiarity, not its quality, and 2) it's being downloaded because it's not seen as valuable enough to buy.

    11. Re:One weakness of both articles: free always wins by mniskin · · Score: 0

      Come on, you can't claim to know what goes on in other people's heads. You can say the same about anything (people prefer not to have their heads bashed in with hammers because that's what they're more familiar with, etc.)

      Just because it's free doesn't mean it has no value to the listener. For example, I would prefer to have the Hope Diamond delivered to my house free of charge than to buy it from Sotheby's. That doesn't mean that I see the Hope Diamond as worthless, by any means.

    12. Re:One weakness of both articles: free always wins by nyquility · · Score: 3, Insightful

      I think the solution has to be a system of checks and balances where on the one hand I, as the consumer/principal, feel I am getting my moneys worth or if not have some avenue of redress and on the other hand I know that if I abuse my end of the bargain I may end up paying a multiple of what I would have paid, had I played fair.

      This reminds me a lot of how public transport works here in Austria where I am living at the moment. There are no entry or exit "barriers" so its pretty easy to just walk onto a subway train or a tram and not pay for a ticket. Of course there are plain-clothes controllers who will check your ticket and getting caught without leads to a hefty fine. The price of a ticket itself is reasonable, so even though a percentage of people "run the gauntlet" of not paying, most just shell out the small amount of money necessary to have the comfort and security of not having to worry about being caught. And in general you never feel you've been ripped off, because the service is pretty reliable.

      Then again all that being said, hell will hit 0 Kelvin before record company execs start thinking of it in similar terms. I strongly believe that they think of themselves more as "legal drugdealers" who control supply and demand completely and can freely dictate what, where, how much and at what price we will consume their product. And to all extents and purposes it has been so for a long time. I think the only party who has any power to change that is government but they are being "bought off" as hard as possible.... Dire times for music fans.

    13. Re:One weakness of both articles: free always wins by Michael+Spencer+Jr. · · Score: 3, Interesting

      I think we're departing the article's topic a bit here, but you're right: it's interesting to discuss the cost/benefit decision users make when they decide whether to use an online music service, to buy CDs normally, or to break copyright law and download music without paying. I just think this wasn't the main point of the article. If people feel like discussing this, and today's moderators don't think it's too offtopic, we might see some interesting and important observations.

      I'm repeating myself a bit here, but I don't really think I'm qualified to talk about consumer behavior. I am not a psychologist. Economics says that there probably exists a curve to describe how much of the population will evaluate that cost/benefit decision one way or the other. Many would argue that this broad economic view of the decision isn't really adding anything to the discussion -- of course some people will switch and some won't. A more interesting discussion would cover why people switch and why they don't: how much people value the money it takes to buy music legally (an easy discussion) and how much people value the moral and legal risk involved in breaking copyright law and downloading copyrighted music (a much harder discussion).

      A discussion that tries to answer these questions must deal more with psychological issues than with economic issues, so it might be offtopic for this article. I won't stop others from discussing it here, but I don't have much to contribute. I'll leave this particular sub-topic to people with more interest in psychology and predictive consumer modeling than in economics.

    14. Re:One weakness of both articles: free always wins by jc42 · · Score: 4, Insightful

      On the contrary; there's a very good reason that I might be willing to pay. Umair did explain it: If a music service could consistently present me with music that I want to listen to more than once, it would save me a lot of search time. That's time that I could spend doing something else, such as listening to music that I really like. That's definitely worth some money to me, though I couldn't tell you how much until I see the service.

      I've bought from iTunes, but I'm not impressed by it. Why not? Well, I tested it by taking some of my favorite CDs and looking them up on iTunes. I couldn't find any of them. My conclusion is that iTunes, good as it may be for others, just doesn't cater to people with my tastes.

      I don't think that it matters what my tastes may be. When I look around me, I find a lot of really good musicians, who have never been recorded by any label, and never will be. When I mention this to other people, they always agree, though they give different examples. So I conclude that there is a lot of music in the world that I'd like if I could hear it, and I'd pay for recordings of it. But iTunes doesn't find it for me. Neither do any of the other commercial music suppliers.

      OTOH, there are people who do find me the music that I like. And when they recommend a CD, I'll buy it without listening to it. But those people don't work for Apple, or for any of the labels. Some of them are online, and have web sites that include their own reviews of recordings plus links to the musicians' web sites. This works well, and I've bought a number of CDs this way.

      What we need now is a good, systematic way for such reviewers to get a bit of pay for passing out such time-saving information.

      This is all doing an end run around the traditional recording industry's distribution channels. But why should I care? That industry hasn't done a good job of supplying me with music. Now I can find good music by spending some time listening more or less at random, and by listening to the advice of others with tastes like mine. If someone can save me some of this time, I'll be willing to pay them. But I don'tsee the recording industry doing it any time soon.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    15. Re:One weakness of both articles: free always wins by angle_slam · · Score: 1
      Smarter listeners (the ones who seek out interesting music themselves), on the other hand, have no easy way to connect into the closed media-driven circuit. And they end up downloading music online, or copying it or ripping it, simply because there is no easier way of discovering interesting music short of shelling out tons of cash.

      BS. The simple way to discover interesting music is the way people did it from the dawn of Rock n Roll to the end of the 90s . . . word of mouth. You get into a particular type of music, be it metal, electronica, power pop, rap, or whatever, you READ about it. You find out about similar artists. You buy CDs. You don't like it, you sell it. You join message boards and mailing lists of your favorite artists and ask, "any similar artists I should listen to?"

      That's the way it was done before and it can still be done that way now. I've discovered many new bands that way, yet I don't listen to radio, don't watch MTV, and don't have mainstream tastes.

      Besides, if users have no way to connect into the closed media driven circuit and are forced to download, who are they downloading? That's right they discover new artists the same way people always have . . . trial and error.

    16. Re:One weakness of both articles: free always wins by lonesome+phreak · · Score: 2, Funny

      "They filled your entire field of vision!"

      Yes...the record covers, helped along by a few hits of acid. :)

      --
      Maybe we DID take the blue pill. You wouldn't remember anyway.
    17. Re:One weakness of both articles: free always wins by lonesome+phreak · · Score: 2, Informative

      That's why SoulSeek is still up. Much of the music on it isn't "mainstream" like synthpop, ebm, and so on. So, the RIAA doesn't care. And most of those artists probably get more business due to the exposure from the trading than they would otherwise. I know that, at least in the Midwest (but we don't really count) that most of those bands would be nearly unknown if it wasn't for some dedicated people handing out burned CDs of club music. Often people then buy the music after that - and they wouldn't have even had heard of them otherwise, so they aren't really missing any "sales" anyway.

      --
      Maybe we DID take the blue pill. You wouldn't remember anyway.
    18. Re:One weakness of both articles: free always wins by mniskin · · Score: 0

      That sounds cool. I think I'll check it out.

    19. Re:One weakness of both articles: free always wins by �nertia · · Score: 1

      For the morally aware and just. I think there is truth in what they said tho. You purchace the music you wish to support, you download that which you don't care about. I agree tho this maybe only accounts for a small percentage of people who use these services.

      --

      AEnertia
      Witty, tag line goes here

    20. Re:One weakness of both articles: free always wins by God!+Awful+2 · · Score: 1

      You know, I met a guy the other day, straight out of university, who told me that he never really liked music until he tried Kazaa, but now he likes it. P2P advocates would probably tout this as an example of the positive effect of file sharing, but I just think "how fucking lazy."

      At least when I was a kid I was curious about music. I listened to my dad's records (and later CDs). I listened to the classic rock station on the radio, and later the indie station. Then I found out you could go to the local used CD store, grab 6 interesting-looking CDs off the rack and ask to listen to them. Plus I can't count how many recommendations I got off alt.music.*.

      People who complain that it's impossible to find good music without using P2P are just fucking lazy (and deluded enough to believe that no one actually likes pop music). In fact these days it's easier than ever, when you consider how many online stores have free preview clips online.

      -a

    21. Re:One weakness of both articles: free always wins by TheAntiCrust · · Score: 2, Insightful

      Not everyone wants to dedicate the time to go find that music. Not everyone is as into music as you are. I wasnt. I just didnt care. After Napster i started picking up a CD at borders every once and a while when i was there to buy a book. Call it lazy if you will. For some, it's merely a lack of interest.

    22. Re:One weakness of both articles: free always wins by Jadecristal · · Score: 2, Interesting

      I wouldn't go so far to say that "free always wins." If there is an artist I like, I *want* to support them, to the point of driving 8+ hours to see them.

      And while I'm there, I buy stuff just to buy it, like an extra copy of the CD I already have, and a shirt. In this case, it's pop/rock, but hey, that's one of the kinds of music that I like. Some of the artists that I like are signed to majors, some aren't - the reality of it is that even if they are signed to a major, they likely aren't making enough money to make it really worth their while, unless they're overpromoted for their talent.

      I'm not naive enough to say that those unsigned artists that even have time to tour will be totally supported by thing like t-shirt sales - that's silly, and to the point of an overused cliche.

      At risk of being flamed badly, I'll even admit to subscribing the "new" Napster, though I do so with no misunderstanding about what I'm "buying," which is pretty much a crappy sampling experience. The iTunes store is somewhat better, but still leaves things to be desired. Perhaps in time, the music industry, as it sits today, will get a clue. If not, the solution HAS to be music without industry.

    23. Re:One weakness of both articles: free always wins by zangdesign · · Score: 1

      My solution is much simpler: simply stop consuming music produced by artists affiliated with RIAA companies or their subsidiaries. In some cases, it's impossible to avoid (music licensed for movies, etc.) but in most cases, I don't miss it.

      I have a large backlog of CD purchased before this whole debacle got started, and I'm content to go through that to sort the wheat from the chaff. RIAA and any company or artist associated with it will not get any money from me. If that means some really good artists go down the tubes, then so be it.

      Frankly, I hope they do.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
    24. Re:One weakness of both articles: free always wins by Crazy+Eight · · Score: 1
      I buy stuff just to buy it, like an extra copy of the CD I already have...

      Hey, cool. I just got some blank CDRs. Could I interest you in a third copy of that album?

    25. Re:One weakness of both articles: free always wins by Anonymous Coward · · Score: 0

      Of course, this situation is inevitable since non-classical music is 90% based on hype rather than talent.

    26. Re:One weakness of both articles: free always wins by Dashing+Leech · · Score: 1
      how fucking lazy

      That's a little presumptuous of you. I barely have enough time in the day to eat. In a couple of hours on P2P I can test out hundreds of songs and find many I like. By your method of finding music, that would take me days and require travel to all sorts of used or rare CD stores in the hopes of finding something I'm looking for. Much of the stuff I've found isn't available in any store around here or online, and sometimes isn't even available on an album. (For example, I love Dave Grohl's live acoustic version of "Everlong" on the Howard Stern show, which isn't on an album AFAIK.)

      Lazy? No. Do you walk everywhere you go? No. Does that make you lazy? No, because there's not enough time and there's a better way to do it. Same thing with P2P. You can't beat it for efficiency. Getting rid of it is not an option. Figuring out how to make money from it is the only, and proper response for the industry.

    27. Re:One weakness of both articles: free always wins by Dashing+Leech · · Score: 1
      Free doesn't always win. In fact, it can't win in the end because it is not self-sustaining. If consumers always took the "free" route, the music industry would collapse and there'd be no product to consume. Most of us realize that, so we do support the artists we think are worth it.

      Where the articles fail is in clarifying how the music industry actually works. Labels sign artists they think they can sell, not that they think people want to hear. This the article does hint at. Then, the labels act as high-risk loan agents, "lending" money to the artist for recoding and promotion. But unlike normal loans, the artist has little or no say in how the money is spent. Next, the label "sells" its services in recording and promoting. Finally, it partially controls how the product is played and rated (e.g., top 40 list).

      There's little incentive to be efficient, and the wishes of the consumer and artist are not really in the loop.

    28. Re:One weakness of both articles: free always wins by WuphonsReach · · Score: 1

      Not really lazy, no

      But if all of your friends listen to Genre X exclusively, it's very difficult to find out that you like Genre Y music instead. The file-sharing apps allow you to sample music that you would otherwise not hear through local play or word-of-mouth.

      The specific instance in my case is that none of my friends go clubbing and I'm too introverted to go clubbing on my own. Yet in the past few years, I've discovered that I really enjoy long-play dance tracks as good music to work to. Especially Pete Tong's weekly Essential Mix. Definitely music that I would not have found out otherwise.

      --
      Wolde you bothe eate your cake, and have your cake?
    29. Re:One weakness of both articles: free always wins by shift82 · · Score: 1

      The problem with that is that MTV doesn't play music videos at reasonable times any more... They expect you to pay extra to get digital cable so you can see MTV2. Fat chance, pay extra for their processed shit.. I much prefer giFT running with OpenFT, Gnutella and FastTrack and then using google to find new music.. not the most efficient but at least I actually get to hear some good music. Another good place is ZED on the CBC (A Public Canadian Channel) they have good bands and great short films. Anything that comes out of corprate America tends to be shit.

    30. Re:One weakness of both articles: free always wins by God!+Awful+2 · · Score: 1

      No, I don't have time to go to CD stores and listen music anymore, but I did when I was a kid. Anyway, back then, P2P didn't exist, but I didn't have Internet access either. It's not like you can't find clips of most stuff online. In fact the obscure bands have even more incentive to put clips on their website.

      I'm not opposed to P2P in general, but I am opposed to it in its current form. The Slashdot/GPL crowd always insist on the solution of maximum anarchy. I wouldn't be opposed to a P2P scheme where labels/indie artists can agree to let people share songs. It would have to be monitored for illegal use, it would need to support digital watermarking and it would have to be closed source so that users couldn't easily disable the anti-piracy features. Other P2P networks should be banned.

      -a

    31. Re:One weakness of both articles: free always wins by God!+Awful+2 · · Score: 1

      I somehow managed to find out that I like heavy metal, despite not having any friends that like it. Actually I found out because a friend of mine had a bunch of old CDs that he didn't like anymore that I borrowed. Then I did go check out some more CDs at music stores, but as for recommendations, I got them off the Internet.

      It's not like it's hard to find information about music on the net. You can find almost any genre on Internet radio. There's a hundred websites out there where people tell you about all the bands they like. Find someone who likes your favorite dance mix and see what else they listen to.

      I'm not opposed to P2P in principle, but I don't like the way the Slashdot/GPL community always insists on the 100% anarchistic solution. I would be okay with P2P if it was monitored, closed source (so users couldn't easily defeat the anti-piracy measures), and supported digital watermarking.

      -a

    32. Re:One weakness of both articles: free always wins by Anonymous Coward · · Score: 0

      i would buy it if it was not over priced. as soon as cds are 5 dollors or less, i will start to buy again . it is that simple. no you can not change the mind... sorry..

    33. Re:One weakness of both articles: free always wins by Dashing+Leech · · Score: 1
      Other P2P networks should be banned.

      That's a scary statement, considering P2P networks have legitimate legal uses. Ever hear the saying, "Don't throw out the baby with the bathwater."?

    34. Re:One weakness of both articles: free always wins by God!+Awful+2 · · Score: 1


      That's a scary statement, considering P2P networks have legitimate legal uses. Ever hear the saying, "Don't throw out the baby with the bathwater."?

      I only said that P2P networks that don't implement appropriate anti-piracy measures should be shut down.

      -a

    35. Re:One weakness of both articles: free always wins by Michael+Crutcher · · Score: 1
      When I saw the link to your favorite ban (justincasefans.com), I thought you were following a case moder across the states. Then I looked at the website and realized it's Justin Case's fans.

      I thought I might have found the biggest nerd in the galaxy, but I guess I'll have to continue my tireless quest. :-)

  3. And here I thought... by mikeophile · · Score: 4, Funny

    a double moral hazard would be an evening with the Hilton sisters.

    1. Re:And here I thought... by dasdrewid · · Score: 1

      Is it wrong to put something Naughty on Christmas List, which is so dependent on being nice?

      Ah, to hell with it. I'm putting that at numbers 1-7 and 13.

      --
      No trespassing. Violators will be shot. Survivors will be shot again.
    2. Re:And here I thought... by BurKaZoiD · · Score: 0

      eh, nothing extraordinary about Paris, but I'd knock a hole in Nikki's ass in a heartbeat...

    3. Re:And here I thought... by No+Such+Agency · · Score: 1

      Where's the moral hazard in spending hours listening to two grotesquely overpriveleged young women bitching about how you can't get good drugs this week and how they broke a $5000 pair of shoes while drunk and it was their FAVORITE PAIR and what an asshole Rick Solomon is and how you can't get good help these days and who the &^%% is this loser who's been hanging out with us all evening maybe he has some good drugs. /Sanity hazard/ maybe...

      --
      Freedom: "I won't!"
    4. Re:And here I thought... by Anonymous Coward · · Score: 0
    5. Re:And here I thought... by Mod+Me+God · · Score: 1

      There's a bit of adverse selection their part too!

      [economics joke, yeah yeah yeah]

      --
      --

      FreeNET user? Comfortable with the adverse selection?
    6. Re:And here I thought... by Excen · · Score: 1

      a double moral hazard would be an evening with the Hilton sisters.

      Or the Olson Twins. Wait, that's a double prison hazard. . .

      /just kidding.

      --
      "No beer until you finish your tequila!" -Leela's Dad
  4. They should provide insurance? by xanthines-R-yummy · · Score: 5, Insightful
    I don't think so. I think they should stop price-fixing. I mean, doesn't it seem odd that the Two-Towers extended version, which has 4 DVDs and cost millions to make, costs roughly the same as new release music CDs? What happened to the free-market system of America? Where is that cost coming from? There's no way they could spend the same amount of money on making a CD as a full-length feature film DVD. Is there?

    BTW, has anyone recieved their settlement check?

    1. Re:They should provide insurance? by pete-classic · · Score: 2, Interesting

      I'm not sure that I disagree with your point.

      I do think, however, that the fact that some (most? all?) of those production costs are recouped in the theatrical release represents a substantial failure in your comparison.

      -Peter

    2. Re:They should provide insurance? by peeping_Thomist · · Score: 4, Interesting

      Insurance can help move merchandise. Back when I was in high school in the late '70s, I bought an album by Gruppo Sportivo because it was advertised by the local record store with a money-back offer: if you don't like the record, return it. I bought it, liked it, and didn't return it. Since I'd never heard of Gruppo Sportivo before, I likely wouldn't have bought it without the insurance. As it is, I have one more fond memory of the cool music of my youth.

      --
      Anything worth doing is worth doing badly -- G.K. Chesterton
    3. Re:They should provide insurance? by blincoln · · Score: 3, Insightful

      I mean, doesn't it seem odd that the Two-Towers extended version, which has 4 DVDs and cost millions to make, costs roughly the same as new release music CDs?

      No.

      Because by the time a film has been released on DVD, it has already generally made back its production costs and turned a profit. DVD sales are just additional profit, which is why they can be sold cheaply.

      The record industry doesn't have an equivalent of movie theatres. They make all their money from album sales, although apparently some of the big labels are trying for a cut of concert profits now.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    4. Re:They should provide insurance? by xanthines-R-yummy · · Score: 2, Interesting
      Thanks!

      I'm not sure the fact that some movies make money (I would certainly hope they do!) represents a failure. Something to keep in mind, is that if a movie might suck, it doesn't get made (well, sometimes!). You can crank out a wide-release CD MUCH much cheaper than even a limited release film. That's why there seem to be so many unprofitable CDs as opposed to movies. I think this aspect is indicitive of the original author's point that the record industry doesn't seem to care as much about producing quality stuff (on the whole). In a limited sense, they don't have to. They play the lottery and hope Eminem or 50cent will crank out another 3X platinum album to make up for the 500 failures they tried to cram down our throats via nasty radio air-time contracts.

    5. Re:They should provide insurance? by Blue+Eagle+26 · · Score: 1, Interesting

      Never heard of this marvelous invetion called "radio"? Or do you think that Radio stations dont pay the record industry for the right to play their music?

    6. Re:They should provide insurance? by pete-classic · · Score: 2, Insightful

      We have failed to communicate. Allow me to rephrase more clearly.

      Movies (potentially) make back their production costs in theatrical release.

      Then they go on sale for $14.99 on DVD. None of that money goes to the production of the film itself.

      Music CDs don't have something comparable to a theatrical release. If they don't make up the production costs on the CD they aren't making it back at all.

      Therefore your analogy is busted.

      I hope this is clearer.

      -Peter

    7. Re:They should provide insurance? by pete-classic · · Score: 3, Interesting

      I don't work in that industry, but AFAIK as often as not the money flows the other direction.

      See for example How Top 40 Radio Works.

      Or oddles of links on Google.

      -Peter

    8. Re:They should provide insurance? by GeorgeH · · Score: 4, Informative
      The record industry doesn't have an equivalent of movie theatres.
      The record industry does have an equivalent, it's called a concert.
      --
      Why can't I moderate something "Wrong" or at least "Grossly Misinformed"?
    9. Re:They should provide insurance? by Trbmxfz · · Score: 1
      Movies (potentially) make back their production costs in theatrical release. Then they go on sale for $14.99 on DVD. None of that money goes to the production of the film itself.

      However, there are quite a few movies (smaller productions, in general) that did not make much money in theaters (at least in places where there are few theaters, only blockbusters are present), but become quite popular on DVD. Only then do these movies cover their production costs.

      To the point that some directors even claim that they couldn't be funded anymore, if it wasn't for the DVD!

    10. Re:They should provide insurance? by Anonymous Coward · · Score: 0


      Social.Event: Movie.Theater vs Concert
      Broadcast: Television vs Radio
      End.Products: DVDs & VHS vs CD's, LP's, Tapes.
      Associated products: Books, screenplays, posters vs Sheetmusic, Taxis, ring tones

      Payola is theoretially illegal, but hey, they chose the business model.

    11. Re:They should provide insurance? by Anonymous Coward · · Score: 0

      You mean the recording industry is making money off of concerts? Oh fuck! I better stop buying concert tickets then.

    12. Re:They should provide insurance? by MP3Chuck · · Score: 1

      Usually, labels get little (if any) cut of touring/merch profits.

    13. Re:They should provide insurance? by evilviper · · Score: 2, Informative
      The record industry doesn't have an equivalent of movie theatres. They make all their money from album sales

      That's just not true, even though the RIAA wants you to believe so...

      Radio, TV, Movies, Internet, Closed-circuit radio (like when you are on-hold, or on an elevator, etc.). Songs are recycled many times, on compilations and "Hits" CDs (significantly lowering costs), and also recycled when songs are "covered". CDs are less-than half as long as DVDs, and don't need advanced processes to create the media.

      I could continue to go on like this, but I think I've made my point. There are MANY, MANY, MANY ways that Record Companies make money back, other than CDs, and their costs to produce CDs are FAR, FAR less than the movie industry could ever dream. Worst of all, it's accepted fact that the actual artists (all but the very famous) are still being starved even with all that profit being made.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    14. Re:They should provide insurance? by Josuah · · Score: 2, Insightful

      I mean, doesn't it seem odd that the Two-Towers extended version, which has 4 DVDs and cost millions to make, costs roughly the same as new release music CDs? What happened to the free-market system of America? Where is that cost coming from? There's no way they could spend the same amount of money on making a CD as a full-length feature film DVD. Is there?

      The "value" of something is not dependent solely on the cost of raw materials and labor. This is more obvious with scarce goods, such as artwork.

      However, it also carries over into categories of goods, such as "DVD movies". In what way was the product in this category of good conceived of? How costly was the marketing? How difficult was it to find the raw materials required? How expensive was it to produce the final product? Who foot the bill for up-front costs? What level of risk was involved in this investment?

      For example, assume it costs exactly the same amount to produce a music album X of 60 minutes as it does to produce a movie Y of 2 hours. But what if it cost producer of X $5M to find the artist and musicians who worked well with him? And it only cost producer of Y $25k to find the script, director, cast, and crew? These costs are not directly related to the specific album or movie, since they are spread across the entire business operations.

      It all comes down to a return on investment, risk, and what the market will bear. You may find it odd for a CD to cost $20. Others may not. If sales drop, you hire people like economists to figure out how to fix that. If demand exceeds supply, perhaps you raise prices, regardless of the actual cost.

      Another example in the categories of goods model: right now I'm in the market for some speakers. They can get pretty expensive. Do I actually think that $10,000 speaker cost 50x as much to make as the $200 speaker?

    15. Re:They should provide insurance? by gl4ss · · Score: 1

      swings both ways, usually the labels take the lions share of the cd...

      most of the people making living out of music get their daily money from live performances and not from cd's which they use mainly just to promote themselfs.

      though strictly speaking, most people that make their living out of music are music teachers. the artists as they appear on media are but a tiny grain in comparision.. and of all artists that make new music the filesharing potentially 'hurts' only a tiny percentage.
      .

      --
      world was created 5 seconds before this post as it is.
    16. Re:They should provide insurance? by bigdavex · · Score: 1

      Usually, labels get little (if any) cut of touring/merch profits.

      Actors & directors get paid up front; musicians get money from concerts. Income from the concert is part of the equation.

      --
      -Dave
    17. Re:They should provide insurance? by damiam · · Score: 1
      Music CDs don't have something comparable to a theatrical release.

      It's called a live performance. It's quite possible for an artist to recoup their production costs in ticket sales.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    18. Re:They should provide insurance? by harry+lime · · Score: 1

      Fine, I'll bite. Yes DVD's are often just "icing" long after the initial investment is made back. But you're conviently leaving out the fact that even that intitial "making it back" cost tons less than the CD equivalent. Going to theater: 8 bucks, Getting Raped By Ticket Master: 20-120 bucks. Sure live concerts cost more to put on (though the thirty reels of film need to put The Two Toweres in three theaters at your local megaplex isn't something to shirk at either) but not that order of magnitude more.

      Further, your comparison forgets DTV releases which often have multi-million dollar SFX budgets as well. There is no theatrical release for these movies, and these are often available for 10-15 bucks.

    19. Re:They should provide insurance? by willpall · · Score: 2, Insightful

      The record industry doesn't have an equivalent of movie theatres
      umm... no. A concert is more akin to a play than a movie. It can be given only in one place at a time and the number of venues is small. Think about it. A movie opens on 3000+ screens and runs for weeks while a concert is one night only, one place, maybe a total of 50 performances on a tour. Bad analogy!

      --
      Libertarian: label used by embarrassed Republicans, longing to be open about their greed, drug use and porn collections.
    20. Re:They should provide insurance? by Anonymous Coward · · Score: 0

      This isn't a fair comparison. The soundrack is found in the theater presentation and on the DVD. The cost of making that sound track should also be included in the cost of the DVD, as well as the cost of the CD. So, by your theory, the CD should be cheaper than most CDs because the box office revenue should have already paid for the soundtrack's creation.

    21. Re:They should provide insurance? by Anonymous Coward · · Score: 0

      All of that might be true, but it doesn't change the fact that only about 10% of CDs are profitable, while about 90% of Hollywood movies are. (And sure, some of that 10% is very, very profitable.)

      Hollywood has the enormous advantage of supply and demand. There's only so much capital out there to make $100M blockbuster movies, but a million people can make a professional sounding record. And even if the RIAA restricted supply, it would be at the expense of the new and 'quality' artists.

      Furthermore, Hollywood's marketing is much more finely tuned. They can pretty gaurntee what the opening boxoffice will be based on the amount and type of promotion put into it. Meanwhile the RIAA has no idea if Eminem's next record will sell well or not, no matter how much payola they put into it.

    22. Re:They should provide insurance? by Anonymous Coward · · Score: 0

      Yeah, it used to be that home video was considered 'extra' profit, but nowdays it's all part of the business plan.

      Furthermore, the length of time that movies are in theaters is shortening, and lenght of time until the DVD releases is shortening. In a couple years, the DVD will be released almost simultaneously with the theater version.

    23. Re:They should provide insurance? by argStyopa · · Score: 1
      Because by the time a film has been released on DVD, it has already generally made back its production costs and turned a profit. DVD sales are just additional profit, which is why they can be sold cheaply.

      I call baloney. Production costs for a modern top-40 cd are nowhere NEAR the costs to produce a motion picture. Maybe 1/100th the costs. THAT'S why there's a little thing called free radio. Music creation costs are relatively so low, they can play the songs for FREE to try to induce you to buy the cd. What if the movies tried this stupid model? We'll show the movie for free everywhere, hoping you'll buy the dvd? They'd go broke in a month. Yet for the music industry this works, because their costs are so insanely low per-unit.

      Also, if it were that simple, then why is 10-year old music STILL sold for $12.99 per cd? They've made their profit, the continued sales are just additional profit, no?
      --
      -Styopa
    24. Re:They should provide insurance? by Josuah · · Score: 1

      Hm, I should have read the article before replying to this other person who did not read the article. Because what I just said is basically what the article says. Silly me.

    25. Re:They should provide insurance? by evilviper · · Score: 2, Informative
      but it doesn't change the fact that only about 10% of CDs are profitable, while about 90% of Hollywood movies are.

      You are making a HUGE assumption: Cause and effect.

      First of all, I would dispute those numbers greatly, in no small part due to "creative accounting", but let's not worry about that for the moment. The main issue is: what would improve CD's profitiablity? It is quite likely that lowering the prices on their CDs, would make them significantly more profitable, and in-turn fix those numbers to be more in-line with the MPAA's.

      The reason I am so suspicious of that, is that CDs don't show any signs of market effects... If a Movie isn't profitable, you will see that DVD selling for much much less. If a CD isn't profitable, the price still won't change, which is a very strong sign of a monopoly, not a free-market.

      They can pretty gaurntee what the opening boxoffice will be based on the amount and type of promotion put into it.

      First of all, that has been changing recently. The MPAA has expressed how concerned they are about technology, undermining their advertising efforts. When you can look-up numerous reviews instantly, and get instant messages from your friends, telling you the new movie is bad, advertising breaks down.

      Secondly, there is a major inequality. Saying that advertising for the RIAA isn't as successful as for the MPAA, is pure guess-work, because the RIAA does not, nor has it ever, advertised at the level the MPAA does. I've seen commercials for "The Matrix: Revolutions" maybe 12 dozen times over the past few weeks. In total, I don't believe I've seen that many commercials for any CDs, period. There is just no main-stream advertising by the RIAA at all. The advertising they get is either luck, or through the hard work of the artists, and none of it is commercial in nature, as with the MPAA's commercials on network TV. You say the RIAA's advertising has failed, but they haven't even tried.

      the RIAA has no idea if Eminem's next record will sell well or not

      You get a few people from the general public that listen to that genre of music, and I guarantee that their opinions will match the rest of the public perfectly. The same goes for the MPAA, but they put out plenty of junk anyhow.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    26. Re:They should provide insurance? by Anonymous Coward · · Score: 0

      We could quibble about the numbers, but I don't think that anyone disagrees that Hollywood is selling stuff that lots of people want, while the majority of what the RIAA sells is stuff people don't want. My theory is that their response to this is to fix prices. Maybe not the wisest, but it's got them this far.

      And while record companies rarely advertise on television, MTV and radio are primarily marketing avenues. It's true that music hasn't been "mass-marketed" in the way movies are since maybe the 50s.

    27. Re:They should provide insurance? by blincoln · · Score: 1

      The record industry does have an equivalent, it's called a concert.

      Uh, as I said...

      They make all their money from album sales, although apparently some of the big labels are trying for a cut of concert profits now.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    28. Re:They should provide insurance? by blincoln · · Score: 1

      Production costs for a modern top-40 cd are nowhere NEAR the costs to produce a motion picture. Maybe 1/100th the costs.

      Where in my post did I say the production costs were the same?

      If a top-40 CD costs $1 million, that's still a million dollars that the record label has to shell out and hope they make back on sales.

      Pretty much any major film is going to at least break even just on ticket sales at the theatre.

      This is not that hard to figure out. Look at the box office figures for the next few big name films, then figure out why they're the same price as a CD when they come out on DVD.

      Also, if it were that simple, then why is 10-year old music STILL sold for $12.99 per cd?

      $12.99. The same price as a DVD of a ten year old film. It sounds reasonable to me, especially given that newly-released CDs generally cost closer to $18.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    29. Re:They should provide insurance? by Phroggy · · Score: 1

      The record industry does have an equivalent, it's called a concert.

      I disagree with this analogy - a concert is equivalent to a Broadway play, not to a movie. A concert or play can only be performed in one place at a time, while a movie can be distributed worldwide and shown several times a day every day for as long as there is demand.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    30. Re:They should provide insurance? by Anonymous Coward · · Score: 0

      Intellectual "property" law happened to the free market. While intellectual "property" exists, a free market doesn't (possibly with the exception of trademarks.)

    31. Re:They should provide insurance? by MikeHunt69 · · Score: 1
      Because by the time a film has been released on DVD, it has already generally made back its production costs and turned a profit. DVD sales are just additional profit, which is why they can be sold cheaply.

      er, No.

      There are some exceptions of course.. but for most movies, the theatrical release is just to get advertising for the video rental market. Very few major studio flicks (Id say 1 in 10) make their full production costs back in theatres.

      The *real* money is in licensing to domestic TV, different (foreign) markets, video rentals and DVD sales.

      To use the british independent film market as an example, there have only been 2 independent movies in the last 20 years that have turned a profit from the theatrical release. (ie made back the costs of striking the prints and advertising)

    32. Re:They should provide insurance? by trewornan · · Score: 1

      Perhaps someday an insurance company will offer insurance against being sued by the RIAA. Since copyright infringement is a civil matter presumably there is no legal reason why they could not do this? IANAL

    33. Re:They should provide insurance? by PjotrP · · Score: 1

      1 million? yeah right... you're doing something wrong when it costs 1 million to record music to a digital format. there are thousands of music artists putting out stuff for free... and not all of them have invested 1 million to put out their album of free music... anyway it's a stupid argument. BOTH music cd's and movie DVD's are way too expensive and stay that way because capitalisms major (only?) positive point isn't working properly. it's called a monopoly...

      --
      PjotrP
    34. Re:They should provide insurance? by Anonymous Coward · · Score: 0

      Live performances represent the theatrical release. An artist who does not give live performances is like a direct-to-video movie.

      Also, there is a large difference between the production cost for a movie vs an album. (Although the marketing costs might be around the same amount.) So CDs have a lower production cost to recoup.

      The analogy is not busted... perhaps bent and battered. For instance, movies are typically watch once or twice then never again, but people will play a particular album dozens of times.

    35. Re:They should provide insurance? by Tokerat · · Score: 1
      A concert or play can only be performed in one place at a time, while a movie can be distributed worldwide and shown several times a day every day for as long as there is demand.
      The record industry does have an equivalent, it's called a television special.

      It could be shown on-demand and either pay-per-view or with commercials worldwide and several times per day for as long as there is demand.

      We used to have a channel that would do this for the "concert singles", or music videos as they have come to be known, but now you have to have Premium cable to watch anythign but "MTV's Real World" reruns. This is why so many people bitch about "sellouts". MTV isn't "music television" anymore, it's "crappy-shows-with-an-occational-look-at-a-celebri ty-who-happens-to-sing TV".

      The music industry is like a monkey with a toolbox: They could do so much with what they already have but I doubt they'll ever figure it out. Quick, someone pass out thumbs.
      --
      CAn'T CompreHend SARcaSm?
    36. Re:They should provide insurance? by Anonymous Coward · · Score: 0

      concerts? that whould qualify, but not in simultanious showings tho..

    37. Re:They should provide insurance? by sjames · · Score: 1

      Usually, labels get little (if any) cut of touring/merch profits.

      And in return, it is easily possible for a band to have an album go platinum and still owe money back to the lable. Unlike a movie, all production and promotion costs are deducted from the band's royalties. For many bands, the recorded album amounts to nothing but promotion of the concerts and merchandising where they actually make their money.

      Then there's the case of movie soundtracks which cost as much as buying the movie with the soundtrack. Surely there's something screwy there!

  5. Better still... by Anonymous Coward · · Score: 4, Funny

    Pass legislation establishing a breif hunting season on lawyers representing trade associations.

    1. Re:Better still... by ShieldW0lf · · Score: 4, Insightful

      Release all music under a Creative Commons license, sell stuff by public ransom if you become popular, and own all your own music rights. Instead of Marketing owning the musician, the popular musician could hire Marketing on commission when they've already got a hit, and sell rights to commercial interests. Sounds pretty good to me.

      --
      -1 Uncomfortable Truth
  6. That was about as clear as mud...... by herrvinny · · Score: 4, Insightful

    Such a system might, for example, reimburse listeners for a certain amount of music that they find unsatisfactory with cash, free music, or music vouchers.

    How does one define "unsatisfactory" with music? Kind of complicated to measure.

    File sharing is not simply theft.

    Correct. It is not theft, it is copyright infringement, a civil issue. You can't go to jail over it, but you can over theft.

    In an extreme case, the labels might begin to impose costs beyond the actual search and production costs for which listeners are actually interesting in paying just to feed the bottom line. That is exactly what the recording industry did well before file sharing existed. The result? Alienated and disgruntled customers.

    And the industry continues to do so. It hasn't reduced prices since CDs came into existence, which is at least curious, since the cost of pressing those CDs must have dropped through the floor since then.

    1. Re:That was about as clear as mud...... by Anonymous Coward · · Score: 2, Informative
      Correct. It is not theft, it is copyright infringement, a civil issue. You can't go to jail over it, but you can over theft.

      You most certainly can go to jail for copyright infringement, if you live in the U.S.:

      http://www.usdoj.gov/criminal/cybercrime/17-18red. htm

      ~~~

    2. Re:That was about as clear as mud...... by Anonymous Coward · · Score: 0
      How does one define "unsatisfactory" with music? Kind of complicated to measure.

      Well, that's covered in the article:

      If the industry offered consumers the ability to simply return any music they did not like, consumers might return all of their music - even the music they did like - after having copied or consumed it. It would be as though restaurants offered money back guarantees you could exercise after having eaten your entire meal and you claimed you were dissatisfied.

      The suggested solution is to provide a limited form of reimbursement (come on... vouchers!), and by making dissatisfaction public and "shared" ("multilateral contracts").

    3. Re:That was about as clear as mud...... by Anonymous Coward · · Score: 0

      Don't forget the promises made in the early 80's about how music was going to get a lot cheaper because CD's were cheaper to make. In reality, CD's have always been, and will always be, more expensive than records, despite the lower cost of production.

    4. Re:That was about as clear as mud...... by Anonymous Coward · · Score: 0

      At least in germany a lot of grocery-stores do just
      that. You can buy stuff, eat it, then return the
      empty box (+bill) and say that it tasted like
      crap. They will give you your money back. And,
      in contrast to the music-industry, they don't get
      the stuff back because it has been consumed, not
      copied.
      The number of people who do this is very small.
      It's to much hassle. And perhaps they have a better
      relationship to the friendly-money-back-store than
      with BMG & Sony.

  7. Double - moral hazard? by jea6 · · Score: 4, Funny

    Also known as damned if you do, damned if you don't.

    --

    sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.
    1. Re:Double - moral hazard? by Anonymous Coward · · Score: 0, Troll


      uhhh ... you spelled sarcasm wrong.

  8. Filesharing by SisyphusShrugged · · Score: 4, Funny

    The truth of the matter is, I feel no qualms whatsoever for downloading musical files (actually I probably dont listen to any label that is part of the RIAA anyway)

    This is the crux of the problem, although they have scared the P2P Kazaa kiddies off with the RIAA's actions that has done nothing but make the P2P more well run and it is now the dominion of ./ers with super high speed connections sharing high quality files.

    An analagous situation can be seen with the "War on Drugs", all it has done is improve the quality of the drugs being used!

  9. Morals? by tinrobot · · Score: 4, Funny

    Moral Hazard implies that the record companies have morals.

    They don't.

  10. Errr... ummm... by pr0ntab · · Score: 3, Insightful

    risk sharing isn't supposed to scare you into doing anything. It's supposed to explain why you feel compelled to spend time searching for and downloading music on the Internet.

    You don't trust the record companies or agree with their price structure. So you go around them... betting that your time is worth less than the extra money you're spending for the "service" of the record companies packaging and delivering it to you.

    He's basically saying if the record companies stopped being such tight-asses and gave you the benefit of the doubt, or cut listeners some slack with well-thought-out services, then it wouldn't be an issue (duh).

    --
    Fuck Beta. Fuck Dice
  11. not a brand identity by Kilka · · Score: 5, Insightful

    What if, for business reasons, the labels are more interested in their own economies of scale and brand identity than providing listeners with music they value?
    I don't think the music labels are big on making themselves a brand identity. Aside from text in music videos, and small icons on cds, they are not recognizable to most. A brand identity implies that everyone knows the brand, even if they have never used the product. Coke can be classified in this way, since it is one of the most recognizable logos around. -Kilka

    --
    If we don't believe in freedom of expression for people we despise, we don't believe in it at all. -Chomsky
    1. Re:not a brand identity by Anonymous Coward · · Score: 2, Insightful

      Brittney Spears is a brand. Justin Timberlake is a brand. 50 Cent, P-Diddy (Sean John), Christina skankulara, they're all brands. You watch their videos, you listen to their music, and you know what you're getting, everytime. No suprises on Brittney's new album, right? It's the same recognizable bland crap over and over agan. That's what a brand is. Just like Micky D's or Coke.

    2. Re:not a brand identity by kookbox · · Score: 2, Interesting

      I don't think the music labels are big on making themselves a brand identity.

      That might be the case for bigger labels (Motown ain't what it used to be), but most small labels (many of which have deals with bigger companies) are big on creating that identity.

      Def Jux. Kill Rock Stars. Blue Note. Ninja Tune. Invisible. Fat Possum. Tooth & Nail. Trojan. Moon. Death Row. Every one of these labels has a very distinct brand identity, and, as a result, devotees generally have a very good idea what they're getting.

    3. Re:not a brand identity by panaceaa · · Score: 1

      I have an Essentials of Marketing book that defines "branding" as "the use of a name, term, symbol, or design -- or a combination of these -- to identify a product." The record labels do use brands to identify their products, which include Britney Spears, Madonna, Dave Matthews Band and the Beetles. The labels actually sell their artists' CDs, but the labels market the CDs as a part of the artist; you get to own a piece of their work.

      The promotional design of an artist's website, CD cover, and stage lighting on the Tonight Show also go towards creating an image, both visual and aural, that accentuates the artist's brand. Dave Matthews Band's site portrays earthy tones, a simpleness, with a hint of urban trendy design. These visual cues are key to speaking to customers and establishing a brand that people associate with earthy, simple, yet slightly trendy and modern music.

      Branding is not just a icon on a CD or a name. It's an encapsulating image around a product and its promotion that speaks to customers to which it's targeted. The brand both speaks to people who have a need for the product and vears others away. For example, if you were looking for pop dance music, Dave Matthews Band's site would instantly not appeal to you. However, the purple disco rays, changing images, and diva-esque imagery of Britney's site probably would.

  12. Morality? Please... by jmalm · · Score: 4, Insightful

    The author seems to be implying that people will change their habits, either by choice or by legislation, based upon an obligation to the artist or recording label. With something so abstract, the cited economic principles don't necessarily apply here -- the good can be replicated at almost zero cost, unlike stealing something else such as a lemon from your local grocer for example.

    In the case of stealing from the grocer, morality is somewhat different because the lemon pool you are drawing from is finite and depletes the supply. But copying a bunch of data to your 120G hard drive that is only utilised to 20% has no perceived cost and does not deplete any one else's resource.

    The issue is more complicated than what is stated, and the equalisation schemes suggested do not take away from the fact that downloading a piece of data has almost no variable cost. Do economics work when 0 is in the denominator?

    1. Re:Morality? Please... by Anonymous Coward · · Score: 3, Interesting

      Chimps have an idea of fair play and become upset when it is unbalanced. As do we. In fact it's not unheard of for members of our species to kill others in response to that imbalance.

      The vast majority of people pay the bakers for their bread, not because they'll be caught if they don't but because it is right to do so.

      There's an intuitive idea of ownership deeply ingrained in us. Some ideas, like we all own the jungle together, and we'll let you use this part of the jungle for a while, to the benefit of us all are part of that. We delegate our authority. And when entities like the RIAA, MPAA et al shirk or resist their obligations, or try to change them after the fact via copyright extentions etc, we keep that tally. Music sharing, movie downloading, it's an expression of the broken pact they made with us. We are many, they are few. In the final tally, that combined with the fact people will kill to address inequity, really should be something for them to think about.

    2. Re:Morality? Please... by TMLink · · Score: 2, Interesting

      It's not $0. It's the cost of the recording itself. While on a different scale than the lemon (each lemon costs something to make, where as the recording's cost doesn't increase with each copy passed along), it's still a cost. And we're gonna have to have a balance somewhere.

      Maybe they'll have to find a cost that both consumers and bands can agree on to prove that the recording is worth it. Maybe recordings will go by the wayside completely. Maybe recordings will only be done during live shows. Maybe recordings will be done at lower costs (and probably lower production standards as a result) to be used as promos, instead of something to sell.

      No matter what, if the bands can't find a way to recoup the costs of recording the music, they won't record.

      --
      Every time a guy gets a threesome, somewhere in heaven an angel gets his wings. --Cary Tennis
    3. Re:Morality? Please... by Yartrebo · · Score: 2, Interesting

      Yes, economics do work when zero is in the denominator, and they don't paint a pretty picture for the music industry.

      Let's go through core numbers for the capitalist model (the one they teach you in school), which is that maximum efficiency is when marginal price (MP) equals marginal cost (MC).

      MP=MC occurs when price = $0, since marginal cost is $0.

      What this means is that the music industry is most efficient for our country at price = $0. Unlike most other goods, having a gluttonous appetite for music doesn't cost our society any resources, be they labor or raw materials.

      This does leave the issue of paying for the capital costs (recording the original songs), which must be paid somehow. Forturnately, they're small, and fame, non-CD revenues (concerts), and the fact that many musicians aren't in it for the money will keep capital production (ie., song writing and recording) humming along. The record companies should be restructed into recording-only companies that charge a flat fee for the use of their equipment, a little like a car rental, since that is the only useful service that they provide.

      So basic economic theory does hold when the cost and price are zero, and the remedy that it suggests is some free trade in the form of repealing copyright law, since copyright law is what perturbs the market and keeps it from coming to its equilibrium and optimal price of $0.

    4. Re:Morality? Please... by Anonymous Coward · · Score: 0

      In the case of stealing from the grocer, morality is somewhat different because the lemon pool you are drawing from is finite and depletes the supply. But copying a bunch of data to your 120G hard drive that is only utilised to 20% has no perceived cost and does not deplete any one else's resource.

      Not true. By drawing from the lemon pool, the quality of the lemons degrades, even though the quantity remains the same.

      Where would the farmer get money to enrich his soil so that he could grow better lemons in the first place? Why would the farmer even grow lemons if he couldn't trade them for anything?

    5. Re:Morality? Please... by sjames · · Score: 1

      Music does have production costs, and it has to be covered by the cost of the recording. 50 years of technology have granted MANY wasted oportunities to control those production costs.

      I'm not going to claim that you'll get exactly the same results with $5000 worth of gear and a sound card (even a really good sound card), but I will claim that the file sharing market has shown that 128 Kbit/sec is good enough for many people and that any difference between the million dollar studio with it's thousands a day rent and a $5000-$10000 setup in a basement is certainly lost in the compression. So, the expensive studio quality is NOT what the consumer wants and consumers are NOT willing to pay for it.

      Many very successful albums were recorded by Motown on hardware that was of lower quality than today's high end consumer gear. Instead of taking advantage of that, the big lables have sought out ever more exotic and expensive recording gear that only a few golden ears can appreciate. All to produce music that will be played on cheap consumer gear and be compressed to death.

      It's not that there is no place for the expensive high end gear (and it's cost), but pop music and garage metal is NOT that place.

      In a truly free market, the current lables (with the exception of audiophile specialty lables) would have been long ago competed out of the market by operations taking full advantage of the potential savings in production and distribution costs.

      It is the failure of that market process that has created the vast black market of p2p music sharing.

  13. Re:Double Moral Weight by Anonymous Coward · · Score: 5, Insightful

    I'm not trying to slam on you, but you didn't read either of the articles so set yourself up. You don't understand the principal agent problem or what he means by moral hazard. When economists talk about moral hazard, they're speaking of incentives, not about going to hell. And risk sharing in this manifestation is something you're supposed to like--it upsets the labels not consumers.

    The problem is with the way we buy music, but have no ability to return it if it sucks. So the music industry has no incentive to make the product satisfactory, so long as they can find a way to get us to buy it (albeit making the song good is a good way to make us buy it). So music pirates' response to this is a form of risk sharing--We diversify the risk of a song sucking over everyone who downloads it. Because we have pooled our resources and invested less in any one product, we have less unique risk (from bad mp3s). It's not a very good analogy, but it makes some sense.

  14. Contract. by BrookHarty · · Score: 4, Insightful

    From the Article.
    Is there a way out of this mess? Can the record industry offer it's own insurance, so listeners do not have to file share? Can it do so without creating a double moral hazard? Yes - by shifting to a more sophisticated contract.

    I'd rather just get the RIAA out of the distribution side of music, they don't belong on this side of the fence. With the RIAA trying to control the distribution channels, they just strangle new technologies and screw the artists who they supposedly support.

    With Senator Orrin Hatch the riaa whore and Corporate Elected Criminal is just trying his damnest to go after these p2p users, using piracy as an escape goat to mask the problem that only concerns the RIAA. Control of distribution.

    iTunes and Napster2 already show people will buy music online. Just need to get more Indie/Alternative music available, which even cuts more into RIAA funds.

    1. Re:Contract. by Anonymous Coward · · Score: 0

      What's great is that Hatch's staff hacked into some computers to steal democrat memos. The man is a rank hypocrite.

    2. Re:Contract. by Anonymous Coward · · Score: 0

      Who else read 'escape goat' really fast and thought 'goatse' instead?

    3. Re:Contract. by peeping_Thomist · · Score: 1

      Mod parent up!

      --
      Anything worth doing is worth doing badly -- G.K. Chesterton
    4. Re:Contract. by Anonymous Coward · · Score: 0
      I'd rather just get the RIAA out of the distribution side of music, they don't belong on this side of the fence.
      This is an idiotic comment on so many levels:
      • The RIAA is not in the distribution side of music. It doesn't even publish music. The RIAA is an industry association representing the recording industry. Hence the name "Recording Industry Association of America.
      • If, by side of the fense, you mean the RIAA has no right to represent music publishers, no, actually it does. Music publishers are entitled to chose any organization to represent them, and the RIAA is entitled to represent any organization that chooses it to represent them. If Wal*Mart, The Burlington Coat Factory, and Philip Morris wanted to be represented by the RIAA, the RIAA would have every right to represent them. They wouldn't, but they certainly have the right to do so.
    5. Re:Contract. by Anonymous Coward · · Score: 0

      It is 'scape goat' not 'escape...'

      Nitpicking I know but...

    6. Re:Contract. by stubear · · Score: 3, Insightful

      How is this fucking insightful? Jesus, the mods are morons.

      The RIAA is NOT in the distribution business, they are in the association business, hence Recording Industry Association of America. They represent the rights and needs of their members. Whether or not record labels go to digital distribution of music or not is not up to the RIAA, it is up to each individual member company.

      Simply put, copyright protects five basic rights of the holder. One of those basic rights is distribution. Whether you call file sharing stealing or not, it still violates creators rights by denying them the ability to control distribution. In the case of the RIAA member companies, many creators have signed the distribution rights to their mechanicals over to the record labels. This means the record labels (the RIAA member companies) can distribute and sell the actual physical recordings. In many cases the creator still maintains the publishing rights which means they can sell the right to transcribe sheet music and allow alternate arrangements to be made.

      The point is, file sharing might be sharing and not stealing but it is still distribution of intellectual property and it is illegal without a prior consent of the copyright holder, period. Whether people will or will not purchase music online is irrelevant because it is up to the copyright holder to determine how they will distrute music. If a few small musicians make a killing at this method of distribution, great, but not every artist has to follow their lead.

      Personally I'd rather purchase the CD and rip the music however I choose. I hate MP3s and tend to not like listening to music on my computer anyway. I've taken some CDs to work and ripped them to my computer there but this is within my rights, in the US, under fair use. I'm not happy with compressed audio files and if I must listen to them I want to be able to control how they are made.

    7. Re:Contract. by Minna+Kirai · · Score: 1

      The RIAA is NOT in the distribution business, they are in the association business, hence Recording Industry Association of America. They represent the rights and needs of their members. Whether or not record labels go to digital distribution of music or not is not up to the RIAA, it is up to each individual member company.

      An invalid objection. The RIAA is an association of companies, yes. And the most critical business those companies are in is distribution. ("Distribution" not in the narrow sense of shipping boxes around the continent, but in doing everything involved in getting a song from muscian to listener)

      Whether or not record labels go to digital distribution of music or not is not up to the RIAA, it is up to each individual member company.

      And since those individuals use the same brain cells as the RIAA, the choice is up to the RIAA. There is nothing wrong with using the name of an aggregate to refer to all of it's members- especially when the association was formed for the precise purpose of putting a single face on an industry's needs.

    8. Re:Contract. by Anonymous Coward · · Score: 0

      The RIAA is not in the distribution side of music. It doesn't even publish music.

      RIAA is made of up record companies, they sue and legislate the hows and means for consumers to acquire music. Thats controlling distribution.

      The post is Insightful, you are are an AC idiot.

    9. Re:Contract. by BrookHarty · · Score: 1

      Subear, your post is marked insightful, Amazing for an overrated post that reads like an uninformed person.

      The RIAA is NOT in the distribution business, they are in the association business, hence Recording Industry Association of America. They represent the rights and needs of their members. Whether or not record labels go to digital distribution of music or not is not up to the RIAA, it is up to each individual member company.

      Maybe you haven't been reading the news, but the RIAA is against p2p, all legal forms of p2p. Using the courts to shut down legal services like mp3.com was about control of distribution. Even when Napster1 tried to follow the rules, the RIAA wouldn't stand for it. The RIAA also guides distribution in Jukeboxes, radio stations, etc. Saying that the RIAA has no control over distribution is lie.

      The RIAA is controlling distribution services with lawsuits. Whats worse, is the RIAA is making decisions for all artists, even artists that dont belong to the RIAA. The RIAA is the modern day Mafia. Do it our way, or we will send Vinnie over to make you think otherwise. BTW, Vinnie is really Sen. Orrin Hatch, the corporate paid whore he is.

      BTW, my car player plays mp3s, sony discman mp3 players cost 50 bux. Mp3 is here to stay. Now with all these DRM'ed shit, I have to convert to mp3 to listen to music I bought legally. So STFU about something you obviously know nothing about.

    10. Re:Contract. by stubear · · Score: 1

      "So STFU about something you obviously know nothing about."

      Pardon me? You know absolutely nothing about me, for example the fact that I have a Bachelor's degree in Recording Industry Management: Production and Technology emphasis. I'd say I know far more about the recording industry then you could possibly imagine. Before you respond, take your foot out of your mouth.

  15. Re:Double Moral Weight by Red+Pointy+Tail · · Score: 0

    I agree that it is an interesting article to a certain extent, but is quite fallacious bullcrap.

    His thesis is akin to claiming that capitalists are the cause of poverty in the huddled masses and therefore communism will serve us best if we all give our best for the communal good and reap returns collectively. People just don't think like that. A free lunch is a free lunch, and nobody much is going to worry that if s/he as an individual stops paying, who is going to be our collective agents we entrusted to create and hone artists to supply the general public with music.

  16. Re:Double Moral Weight by Kipper+the+Llama · · Score: 1

    How about reading the article so you understand the terminology before you go on a rant that makes you look like a fool?

  17. Overthinking the problem by blueberry(4*atan(1)) · · Score: 1
    The music industry fails to understand that a primary reason that consumers illegally share music files is that they want insurance against the music industry itself.

    I think the author is overthinking the problem. It's not about insurance, it's about new technology vs. old marketing and distribution .

    The RIAA is fighting a losing battle trying to defend an obsolete marketing and distribution system against change. The problem is that history has shown this to be a battle that can't be won. The best they can do is stall for time.

    If they were smart, they would evolve to make money with new technology, marketing, and distribution.

    1. If they:

    2. 1. Lowered thier prices...
      2. Provided music in whatever form customers wanted...
      3. Showed support and appreciation for thier customers instead of hostility...

    Thier volume would dramatically increase and they would make a fortune. People have money to spend, all they want is some customer service and a good product.

  18. this has gone far enough by maximilln · · Score: 2, Insightful

    Even though it's becoming intolerable, it's not the whining of the music industry that bothers me most.

    What bothers me most is that premiums on automobile, homeowners, life, and health insurance are going to be steadily raised to cover the losing business investment in recording insurance.

    No matter which way this goes the consumer will end up paying from both ends and the pyramid will continually funnel the money upwards.

    --
    +++ATHZ 99:5:80
    1. Re:this has gone far enough by peeping_Thomist · · Score: 1
      What bothers me most is that premiums on automobile, homeowners, life, and health insurance are going to be steadily raised to cover the losing business investment in recording insurance.


      Could you elaborate on this point? What is recording insurance? And, whatever it is, wouldn't the rates for it have gone through the roof in recent years (since file-sharing), so as to cover the losses you're talking about?

      --
      Anything worth doing is worth doing badly -- G.K. Chesterton
    2. Re:this has gone far enough by Anonymous Coward · · Score: 0

      YOu didn't read the article...shame on you.

  19. Re:Double Moral Weight by mandalayx · · Score: 5, Insightful

    This is bullcrap. If I don't care and feel no moral object to downloading music, why would 'risk-sharing' upset me. I don't even know what risk sharing is!

    The moral impact of downloading music for me is ZERO, in spite of what some MBA monkey tells me. 'Risk sharing' isn't going to scare me into sharing less.


    I understand the author cites Risk Sharing as a primary reason why people aren't buying music. Read the article, and you can see some definite implications of record companies' misjudgements.

    The author claims that the reason why people aren't buying music is that because they don't know whether it is any good. This risk, the risk that the music you just bought for $18 totally sucks, is the risk he talks about.

    When he says that people are mitigating risk via file-sharing (i.e. risk-sharing) he implies that by one person buying the cd (or taking some other cost to self, including risk of legal action) and distributing it to others, then others get to "try" the music without risk.

    Of course, this brings up the fundamental problem which I believe lies within--Are people willing to pay for music? Currently Steve Jobs and others are trying to prove their particular answer.

  20. Moral Hazard (was Re:Morals?) by peeping_Thomist · · Score: 4, Informative

    "moral" here is being used in the sense it is used in "moral certainty". The contrast in both cases isn't moral as opposed to immoral, but moral/practical as opposed to theoretical. A moral certainty is a practical certainty, a certainty great enough for to determine one's action, but not enough for a mathematical demonstration. A moral hazard is a practical danger, that is, one's action puts one in danger.

    It's just how academics talk.

    --
    Anything worth doing is worth doing badly -- G.K. Chesterton
    1. Re:Moral Hazard (was Re:Morals?) by Anonymous Coward · · Score: 0

      "humor" here is being used in the sense that the grand parent's post was "funny". The contrast in that you completely missed the point, yet felt the need to correct his usage of the term "moral", makes it even "funnier".

      It's just how us witty folk talk.

  21. Fair beats free. by Anonymous Coward · · Score: 5, Interesting

    I like having the CD. I like having the case, the nice ink on the disc, the booklet, the extras like Daft Punks download offers.

    When I do download off the net, it is not infrequently followed by purchases at a store somewhere. Maybe the same songs, maybe the same artist, mabey different mixes. Stuff like VS tracks I haven't been able to find retail, certainly not in compilations.

    But again, it's not a suprise to me. I first heard both TMBG and BNL off of boarrowed cassette copies. Eventually I was able to barrow a copy of Apollo 18, now I own something in the neighborhood of 20 TMBG cds have gone to concerts and lament the fact I didn't get to grow up listening to them. BNL, the story isn't too different, aside from the lower album count. I bought the Saturday Morning Cartoon CD, because it has a song called Speed Racer on it, and I thought MAYBE it'd be Go Speed Go by Alpha Team. It wasn't but the CD didn't suck either.

    Which ties nicely into the article sparking this thread. I pay the distributers to find the music I want to listen to. There job is to search for me. And they failed miserably with Go Speed Go. It was a hard song to find. I spent a lot of time looking. So what exactly AM I paying them for in that case? It certainly could have been harder, but it could have been much easier too. The stuff I want is getting lost in the stuff they're telling me to want. As I suspect happens with almost everyone who's not 13 to 15.

    So how to I redress that imbalance? I share, I download. If it's something I really want, I buy. Not only do I take on the responsability of searching for myself, since they've abandond me despite my willingness to spend money, and I punish them for not keeping their part of the deal. I download stuff I think friends might like. I share copies I decided I don't like to improve network availability for those who do like them. And the random good song from the people who produce one decent song, and nothing else but crap, I just keep. It's my tax on them.

    When they decide to live up to their part of the bargain, I'll consider revisiting mine. They better hope I don't get too set in my ways. Habbits are hard to break.

    1. Re:Fair beats free. by O · · Score: 1

      Daft Punk's extra downloads are nicely DRM'd. I remember installing that shitty software back when I had a Windows box in 2001. Of course, Windows installs don't last that long, and once you've used the code that came with your CD, you can never install it again. So, it's essentially useless to me now. Oh well.

      --

      1, 1, 2, 3, 5, 8, 13, 21 -- Mathematics is the Language of Nature.
    2. Re:Fair beats free. by Anonymous Coward · · Score: 0

      Funny, the ones I got were plain old MP3s.

    3. Re:Fair beats free. by GregWebb · · Score: 1

      How the record companies haven't recognised this yet is utterly beyond me...

      Let's face it, much of the target market for much of the music is kids (well, 16s) - a group with a fairly low disposable income. So, what they need is to treat kids as a loss-leader to get them hooked, then reap the rewards in later years as they go back and buy the collection.

      All through teenage years I listened to a _lot_ of music - much of which was either borrowed or copied. I can probably name 15-20 bands who I'd have probably forgotten about had I not been able to copy the music and probably in the region of 40-50 albums I wouldn't now have as a result.

      Guess what? I'm now 24 and music is my biggest recreational outlay. I make them an absolute fortune, and one they wouldn't have got if I hadn't been able to copy it as a kid. And guess what then happens? I pass CDs on to friends! I'm almost the local library for my friends, lending them stuff either on request or because I think they'll like it. I'll get really evangelistic about a good album, telling everyone they should buy it and trying to press it into their hands to listen to it. Some will have bought music as a result of this. I'll also rummage through their music collections and there's more than a few CDs I own that I wouldn't have considered without having been introduced through friends.

      The music industry needs people like me to make money - we're their biggest consumers and a pretty effective sales force. Annoy me, stop me copying my music to my computer and they'll lose out, badly. OK, we're after the _good_ stuff not just what we've been told to like, but that's a small price to pay.

      --

      Greg

      (Inside a nuclear plant)
      Aaaarrrggh! Run! The canary has mutated!

    4. Re:Fair beats free. by Anonymous Coward · · Score: 0

      barrow=>borrow

  22. A big fucking factory by t_allardyce · · Score: 5, Insightful

    The business model works like this:

    1. Create catchy sounding music by whatever means necessary, doesn't need to be original or high quality, just needs a hook.

    2. Play it on the radio and tv, push the musicians into the public eye with advertising

    3. Clubs, shops, other tv/radio stations etc will start playing the song because everyone else is, at this point you have successfully made a 'hit'

    4. Sell, rake in profit

    After a set number of years a song will have left most peoples memories so it can be 're-released' using its original familiarity to create an instant hit, you must make sure that the re-release or re-mix has an extra underlaying beat or melody or is faster or louder so that the original pales in comparison and people will buy the new song, alternatively parts of the melody can be broken down and re-used as scrap - you will probably notice scrap melody in anything by Blue or Justin Timberlake and many others - it sounds like something you've heard before but you just cant put your finger on it.

    And remember the all time rule of the entertainment industry: If it worked the first time, do it another 10

    (Big Brother, PopStars, Making the Band, Generic boy/girl bands that all sound the same, teenage girls that all sound the same, Changing [rooms|places|clothes|wives], Im a celebrity [insert something here], The worlds worst x, something island x, Airport/Cruiseliner/Hospital/Cops)

    PS as a brit im really sorry for Popstars, but here we now have Fame Academy 2! its much worse and they dont even have that cool guy that tells everyone they're shit. I think we just finished Big Brother 3

    --
    This comment does not represent the views or opinions of the user.
    1. Re:A big fucking factory by Anonymous Coward · · Score: 0
      PS as a brit im really sorry for Popstars

      Don't be. Popstars was created in New Zealand. They though they were making a documentary, but they were making a MONSTER!

      Now, what you should be sorry for is the Spice Girls.
  23. double nonsense by danharan · · Score: 4, Interesting

    So some guy that used to work for the World Bank wants to make a market more efficient. Surprised?

    Of course, as whirled bank types are wont to do, they might actually distort reality to make their models fit onto it.

    He recognizes early on that the labels are expected to "take on the risk of talent search, artist development, and distribution costs, in exchange for profits", but then only focuses on talent search.

    Downloading files from Kazaa is not doing the work of a talent scout: it is about getting stuff for free. Pretending it's about being a talent scout is laughable.

    Also, who's doing the work of artist development and music production (those mp3 are usually recorded in studios...)? The problem is, the labels are often shirking those responsibilities too.

    I recognize that downloading copyrighted music is illegal. I also think it served a good purpose: CD prices have gone down - at least in Canada - and we are getting better legal ways of buying music.

    While his description of the problem stinks, this is a case of "moral hazard" if that's what you want to call it.

    His solution has some merit in that it might encourage labels to try developping unconventional artists (assuming most of the people that hear the songs decide to not ask their money back, and that this type of contract makes them more likely to try new things).

    OR - You could of course just provide free music- radio is after all one way to do that, and all the label types know that radio play sells albums.

    We don't need new contracts so much as new business models. Keep providing free music, since that works. Also take advantage of new distribution (bye bye music stores with underpaid staff, hello iTunes).

    And use all this to promote live music. Since it's easy to keep track of what people buy, you can tell them when their favorite bands are playing near them. Is this so complicated?

    Of course, this type of arrangement might be the death knell for large labels... in a market like this, you could arrange to have smaller regional players.

    Umair Haque's proposal seems custom-designed to evade most of the issues, and keep the big labels alive. I'm not so interested: they've proven to be companies that don't care about art or artists, and are willing to gouge consumers. Enough!

    --
    Information: "I want to be anthropomorphized"
    1. Re:double nonsense by Anonymous Coward · · Score: 4, Informative

      Hi,

      I'm the author. Thanks for discussing my piece. Here are some points to consider.

      1) Moral hazard does not mean the record industry has 'morals'. It's a technical term - like grep, or chmod. It means that one party in a contract can take hidden action - like your babysitter - because you can't effectively monitor or influence them.

      2) I'm arguing that the record industry should provide free music - not the other way around. Insurance is just another form of free music - whether you get reimbursed in money that you can spend on free music, or free MP3's, or free music vouchers.

      3) An efficient market is not a monopoly. An efficient market for music is what all of us really want: a place where we can pay as much for music as the value we derive from it. The problem we're all facing is that the market for music is inefficient - that the music industry can price-fix, gouge, shirk on it's contract, and earn more profits by exploiting such tactics.

      4) I'm not 'trying to give control to the RIAA'. In fact, it's the other way around. Read what DVD Jon has to say about buying into DRM - iTunes is nice, but by buying into it, you're also buying into DRM. I'm trying to argue that DRM sucks - and that entirely new business models are the only thing that will work - and iTunes is just the same old model wrapped in a nice interface. I'm trying to prove why the RIAA wants the game to stay the same - so it can keep selling the same old risky contract to all of us, in exchange for greater profits.

      4.1) Not all MBA's are beancounters. Get over it.

      Umair

    2. Re:double nonsense by MadChicken · · Score: 1

      I recognize that downloading copyrighted music is illegal. I also think it served a good purpose: CD prices have gone down - at least in Canada - and we are getting better legal ways of buying music.

      But downloading copyright music in Canada isn't illegal. It's making a copy for personal use. Allowing that copy to be used by someone other than yourself (uploading/makeing available on a share of some sort) makes the copy illegal -- since it's not for private use.

      Still, CD prices going down is a good thing. I continue to buy CDs, but they're good ones.

      --
      SYS 64738 NO CARRIER
    3. Re:double nonsense by danharan · · Score: 1

      [Hey, if you're the author, why are you posting as an anonymous coward?]

      I dislike the World Bank for good reasons, and am highly suspicious of anyone having worked for them trying to argue for how markets can work better. (I know, they are getting better of late)

      1- I understood what the Moral Hazard meant. In this case, the music industry is shirking its responsibility as scout, but also in artist development and distribution. It's not all about scouting, and downloading files is not being a talent scout.

      2- Reimbursing people is not the same thing as making songs free. And free works for marketing, so we should keep free in marketing models

      3- Sometimes an efficient market IS a monopoly. That's why we pay less for energy in Canada than you do in the US where there is competition ;)

      And no, I do not want a market where I get to pay as much for music as I value it. In fact, I couldn't pay for some of it (and some of the composers are long dead, too). Call me a deviant pinko, but I want a market where I pay artists while they mature and grow; I also want to be able to afford a ticket to see some of the more popular artists. I'm only interested in free markets if they're good for people... with art, so far the track record is dismal- the art is bad, and most artists and consumers get shafted.

      4- You make a good point about DRM.

      4.1- I don't see where I suggested MBA types are beancounters; if I did I apologize to beancounters ;)

      The weird thing in all this is while I disagree with almost all of your points, we probably have similar goals and conclusions (and some values, judging from your DRM comment). What bothers me is the technocratic way of looking at the problem detached from more practical, grassroots solutions. If you think entirely new business models are the only thing that will work, you could have said so in plain language.

      With lower production costs and more money for artists having to come from performances, I think the time is ripe for regional labels. And the surest way for labels to get people to buy songs/albums online and get people to performances is still to give away songs- and that easily takes care of the moral hazard risk without having to introduce a complicated new scheme.

      --
      Information: "I want to be anthropomorphized"
    4. Re:double nonsense by Minna+Kirai · · Score: 2, Insightful

      [Hey, if you're the author, why are you posting as an anonymous coward?]

      Yeah, weird. I mean, all the other World Bank emeritus economists have Slashdot accounts...

      (But seriously, Slashcode would be improved if people directly mentioned in an accepted story were auto-emailed special passwords they can use to post comments about their story with a a +2 "Primary Source" bonus)

    5. Re:double nonsense by mvdwege · · Score: 1

      Excellent idea!

      Why don't you go and implement it? Or at least suggest it to the maintainers?

      Nothing personal against you here. Your post was just the final straw. I've had it with people saying Slashdot should do such-and-such, when the code is out there for all to see.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    6. Re:double nonsense by Anonymous Coward · · Score: 0

      The price of CDs in Canada has gone down because the US dollar has tanked. Nothing more.

  24. Zero dollar economics by SolemnDragon · · Score: 4, Interesting
    I won't speak to the moral issue. What i do have to offer is the thought that the dollar value goes to zero, but the perceived value doesn't. THat's because there's a shift from tangible assets to intangible assets happening.

    When the dollar amount goes to zero, you evaluate a choice by how it affects your perception of yourself, and how it affects the possibility of future tangible assets. In this case, yes, the dollar cost to the consumer is near zero. However... there is a perceived dollar benefit (not having to buy the music) plus a perceived moral benefit, because the RIAA has been acting like the bad guy. The RIAA has been trying to counter this by upping the dollar cost (suing) rather than upping the intangible benefits. If they dropped the dollar cost, this would up the perceived moral value of keeping the RIAA afloat. But because they've become accustomed to dollars-only economic measures, they aren't likely to get this soon.

    The other major factor here is that customers aren't just ditching the dollar cost- they are choosing to offer it more directly to the producers (in the goods sense, the producers mean the musicians and the small labels bringing them to market.) People aren't just ditching music. They're trading and sharing- and many are contnuing to spend, just in ways that don't benefit the RIAA. So the perceived-intangible-value really is getting a field demonstration.

  25. Free does not always win by santos_douglas · · Score: 4, Insightful
    There are countless cases where individuals choose to pay for an item/service that they could otherwise get for free. Some other posters have hinted at it but not come out and said so quite so explicitly - the determinant is the time/difficulty involved with the free vs the paid, even when there is no question of legality.

    Music, video, and software are all obvious examples. Why buy music one can record from the radio virtually free? Largely because its a hassle and takes time. Why go to the movies or rent a DVD when you can just wait for it to come out on TV? Again, time spent watching commercials and the inconvenience of scheduling are worth more than the few bucks. Why pay the M$ tax when you can just download linux for free? Because it takes time to both do it and acquire some technical knowledge.

    1. Re:Free does not always win by sploxx · · Score: 1

      Yes, and hasn't one economist pointed out (I think he got the nobel prize) that today's markets only work because there is inequality of information?
      And, for someone who sells music, it is in their best interest to make the situation stable and make it as inconvenient/hidden as possible to use the radio or download mp3s.

      What if there would be an OSS program of good quality that would listen to the radio (by soundcard), automatically determine the song's name, artist etc. and would save the radio stream as a nicely formatted mp3?

      RIAA & Co. would probably try hard to suppress this program.

      The problem is not that they essentially own the market for music now and set monpoly prices.
      The problem is that they even decide how their market works by changing the law as it fits their needs!

  26. weak argument by alexander+perls · · Score: 1

    from what I can tell, the central premise of this article is
    Many people were more happy to spend time searching for new music on the Net and compiling their own collections - a service previously performed by recording companies - than they were simply buying the goods the industry selected and promoted by the record labels.
    This I would argue is fundamentally incorrect. People use file sharing to download music that they are already aware of, and specifically, the more aware they are of it, the more they download it. So they are still very much 'buying the goods the industry selected'. But, in this case, they are stealing, not buying.

    1. Re:weak argument by Cecil · · Score: 1

      Speak for yourself, guy. Most people also run Windows, too. So what? It doesn't mean we all owe Bill Gates a tax for our computers.

      All the file sharing and downloading I do is legal, thanks.

    2. Re:weak argument by Raffaello · · Score: 1

      ok, so you and the three other people on the net who only do completely legal file sharing are not the subject of these articles.

      However, the overwhelming majority of file sharing taking place is of the illegal copyright infringement variety.

  27. I'd Like to see that .... by Grizzlysmit · · Score: 4, Funny
    If the industry offered consumers the ability to simply return any music they did not like, consumers might return all of their music - even the music they did like - after having copied or consumed it. It would be as though restaurants offered money back guarantees you could exercise after having eaten your entire meal and you claimed you were dissatisfied.

    hmmm ... restaurants that had a return policy on food after eaten ... hmmmm fully proccessed or partial ... on second thoughts I don't want to know or see that!!

    --
    in my life God comes first.... but Linux is pretty high after that :-D
    Francis Smit
    1. Re:I'd Like to see that .... by Matarick · · Score: 1

      Well when the local Gamestop used to have the policy of that you could return a game before 7 days if you are unsatisfied with the game. They wouldn't mind if you return the game already opened.

      Even though I had the capability of copying and running backups of Playstation 2 games, I only bought games that I knew far into advanced that I would be satisfied with owning them. If I was unsatisfied with a certain game, I would wait until there is a promotion to earn more store credit when you trade in a used game.

      It seems that some independent music stores invented the whole concept of used media but there are light-years behind of the Gamestops and EBs in the world.

      Unfortunately, the local Gamestop wouldn't accept already opened games any more. There goes my trust in the local shop when I buy new games

  28. Re:Double Moral Weight by evilviper · · Score: 2, Informative

    No, no, no. "Moral Hazard" has nothing at all to do with morality. In fact, it has to do with exactly what it discussed all the time here: Giving the record companies incentive to do what the public wants, while not giving the public too many rights, and allowing the public to bankrupt them when they are doing their job.

    Read the damn article.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  29. There's an easier way to solve all this by Grizzlysmit · · Score: 2, Insightful

    Drop prices, sell say 3 or 4 cds for $10.00, thats how I buy a lot of books, if I want to test drive new authors etc, go to the supermart, or shop that sell the end of run/failed stuff, at 3 or 4 for $10.00 I can be confident I buy at least one that I would have paid >= $10.00 for. The recording industry have priced themselves out of the game, and there too dumb to see it.

    --
    in my life God comes first.... but Linux is pretty high after that :-D
    Francis Smit
    1. Re:There's an easier way to solve all this by Coryoth · · Score: 1

      Invisible Records does a nice deal of 5 CDs for $20, with prices per CD dropping away as you buy more. It goes up to 40 CDs for $100 - which is a pretty good per CD price.

      They do have quite a number of good (though alternative) bands signed, so why not at least check them out. I'm sure the RIAA would hate you for it - but isn't that part of the point?

      Jedidiah

  30. They left something out by HangingChad · · Score: 4, Interesting
    On the label contract side they've reduced their risk to near zero by charging back development and promotional costs to the artist. Even a successful artist ends up getting jack from CD sales. The big media companies have been dicking the principles on both sides of the contract going on 50 years now. Is it really any surprise they fight like hell for survival? None of the big labels want to see that gravy train reach the end of the line. It's easy money. Fat City.

    But their efforts in Congress and the courts are useless. They're just breeding smarter file sharers. Especially those in the technology business, people who have maybe worked on projects together over the years. A group of friends who exchange playlists the old fashioned way: ASCII text. They can swap songs and entire CD's in compressed, encrypted formats because we- I mean they -don't make their collections available to the public and know enough about transfer protocols to make detection damn difficult. Or maybe they snail mail CD's, thumb drives or USB hard drives for the really big jobs.

    As usual the bullies pick on those least able to defend themselves.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  31. Re:Double Moral Weight by Anonymous Coward · · Score: 0

    I don't care and feel no moral object to downloading music... I don't even know what risk sharing is!

    do you live in America?

  32. Record Labels are Obsolete by TheSpoom · · Score: 3, Insightful

    The article talke about how customers can now simply go out and find their own music on the net, rather than rely on a brand to determine what is good music so they can sign them. Does anyone else think that that basically says it all? Labels are obsolete in their current form. What services do they provide, exactly?

    CD stamping? Cost has become so cheap that it's hardly part of the equation.

    Promotion? I suppose, but at the cost of an artist's livelihood. In effect, the artist is paying for it anyway, so they could just hire an advertising firm and be done with it.

    Talent selection? OK, if this were the case, would we not all be listening to at least a portion of the top 50 most of the time? Why is it then that many artists that aren't signed to a major label become cult phenomenons on the internet?

    Places like Magnatune try to advance the definition of the record label to something more useful, and I sincerely hope they succeed. But to the rest of the labels, my message would be simply evolve or die. Because if you don't evolve, you're simply not going to get my money one way or the other.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:Record Labels are Obsolete by Minna+Kirai · · Score: 1

      I agree that nearly all services labels once provided to customers are becoming obselete. Talent selection can be accomplished for nominal cost by internet users (friends and fanatics spreading the word to others)

      However, promotion, regardless of whether labels are in a good position to do continue it, doesn't count as a service they provided. Promotion (and most all advertising) is actually damaging to consumers. The goal of advertising is to influence opinions... to trick people, however marginally, into buying something they wouldn't otherwise. Promotion hurts the customer, and it hurts the creation of "art".

  33. Re:Double Moral Weight by Strioa · · Score: 1

    "His thesis is akin to claiming that capitalists are the cause of poverty in the huddled masses and therefore communism will serve us best if we all give our best for the communal good and reap returns collectively."

    How do you get that?

    He says that the prices are controlled by the music distributors and therefore aren't giving any information to the consummer. So the consummer dosen't have any indicator as to the product is worth it or not.

    So people decide to mitigate the risks of having crap sold to them by going getting their music themselves.

    It's true that some people will continue to download music freely off the internet. But if people have a reasonable choice they will pay a reasonable price.

    "A free lunch is a free lunch" is crap

    I know that if record companies charged me to find artists, "hone" them and knew that THAT was there jobs, instead of trying to force created artists and force them down my throat, I would pay.(As I do when it is the case.)

    Strioa

  34. Re:THESE ARE TEH FACTS. by Anonymous Coward · · Score: 0

    I feal sorry for whoever bkeffer@thecommandline.org. Hopfully must the people on here are smart enough to realize it's a setup. And not flame some poor fool.

  35. IMHO a coinfusing and unconvincing argument by rcastro0 · · Score: 2, Insightful

    To pick a few points:

    (...) There is no monitoring mechanism, so listeners cannot tell what the labels are doing; conversely, labels cannot really tell what listeners' preferences are.

    To start, of course labels can tell what listeners' preferences are:
    1) Focus Groups/Market research
    2) Sales Charts
    3) Payolla effectiveness

    On the other hand, listeners do not know less about what labels are doing than, say, drivers do about what automakers are doing. In both cases the final output offered to consumers is the monitoring mechanism.

    In an extreme case, the labels might begin to impose costs beyond the actual search and production costs for which listeners are actually interested in paying (...)

    And, in any case, how might they not ? For any price above zero there are always listeners for whom the price is "beyond what listener is interested in paying".

    The problem is compounded because music is an experience good - its value is not directly knowable to buyers until they have begun to consume it.

    I can hardly think of a good more experienced before purchase than music. Even before napster. Its not like looking at a brochure for a caribbean cruise.

    (...) it is important to note that the mechanism used should make strategic sense, (...) for example, reimburse listeners for a certain amount of music that they find unsatisfactory with cash, free music, or music vouchers.

    Strategic sense ? Does this article sound like a consumer advocate making believe that what is good for the consumer is automatically good for profit oriented corporations ?

    --
    Quem a paca cara compra, paca cara pagará.
    1. Re:IMHO a coinfusing and unconvincing argument by Anonymous Coward · · Score: 0
      The problem is compounded because music is an experience good - its value is not directly knowable to buyers until they have begun to consume it.

      I can hardly think of a good more experienced before purchase than music. Even before napster. Its not like looking at a brochure for a caribbean cruise.


      I'm not sure that music is one of the most-experienced-before-purchased goods (most things you purchase in a store are returnable, which is as good as 'previewing' to me), but I basically agree with this point, and it certainly weakens the argument in the article.

      Not only can you often hear the music on radios, at bars/clubs, or at a friend's place, but most large music stores (at least in Canada) have offered the ability to preview CDs etc before buying. (Not only the few selected CDs at the "listening booths", but usually they have some means for you to preview *anything*.) A few stores would not do this and I simply would not shop there. I have done this for at least 15 years. More recently I have been taking advantage of cdnow.com (which is now part of amazon.com) to preview most songs on semi-popular albums before buying.

      Of course I feel p2p networks are a much better way to preview anything, but they have not really enabled anything new. Alternatives to p2p for previewing have been around for many many years (and still are).

      I don't see p2p networks as a way to do risk-sharing, but simply that most people will happily take things that are free, even if it may 'hurt' others, provided doing so is not too risky. Also I'm sure the growing (and deserved) animosity towards the riaa is not helping either.
  36. Loss-leader. by Anonymous Coward · · Score: 0

    "People would be willing to pay for better service. In fact, they already do. Witness the amazing success of the iTunes Music Store thusfar. This is in spite of the fact that people can download the same songs for free. More reliable searching, faster downloads, and consistant quality are worth about $.99 per song to a heck of a lot of people."

    And yet iTunes is a loss-leader for Apple.
    Guess there isn't enough "paying for better service" customers.

    1. Re:Loss-leader. by Anonymous Coward · · Score: 1, Insightful

      Guess there isn't enough "paying for better service" customers.

      Or maybe Apple had to allow the labels to take too large of a cut in order to get them to go along with the whole iTunes idea in the first place.

      Now if you can show me that the music labels are losing money from iTunes, as opposed to Apple, then maybe you'll have an argument.

  37. *You* are the talent scout by Anonymous Coward · · Score: 0

    You are doing the work, doing a search, finding, listening, discarding or keeping and listening.

  38. IBM wisdom by NTmatter · · Score: 1

    Executivus Obsoletus. Went extinct because he couldn't keep up with changes in technology and the marketplace.

    Given IBM's support for Linux and stance against SCO, I am currently in favour of their opinions. RIAA, hurry up and die. Your customers need a fresh sound. Badly.

  39. Huh? by Anonymous Coward · · Score: 0, Troll

    File-sharing is as much about risk-sharing as it is about the 'theft' of value.

    So it's still about theft of value then. Which makes it wrong. Thanks - next article please.

  40. Re:Double Moral Weight by GoofyBoy · · Score: 1

    >I understand the author cites Risk Sharing as a primary reason why people aren't buying music.

    I got that too and I don't believe it.

    I feel no contract/bond with a record company. I download things because its free. Period. "Risk of me liking it or not" has nothing to do with it.

    Lets take a look at singles or a entire cd I heard in a store or from a friend. I know exactly what I am going to get. No risk in buying music I may not like. I heard it all. Either I like it or I don't. There are lots of different ways before mp3 ever existed that you could have elminated the risk.

    So now that I know I want it for my personnal use, do I pay $18 and get a nice cd with pictures or pay $0 and burn my own cd?

    Thats what it comes down to.

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
  41. Oh! by Epistax · · Score: 1

    So it's ok now? Great!

  42. They forgot to mention radio by rollingcalf · · Score: 3, Insightful

    The increasing consolidation of control of radio stations is another factor that has contributed to the economic "moral hazard". With behemoths like ClearChannel controlling a large chunk of the radio market, the local DJs who know about what their listeners want have less freedom to decide what to play. As a result, what they play more reflects who the RIAA execs have decided will be their next thing (or yet another album from the last big thing), instead of reflecting what listeners want. So we have the same songs by the same artists being played over and over and over again.

    The current arrangement with the media conglomerates and the airwaves hurts both the public's ability to find out what is good music and the propensity of the producers to find out what the people want. They are more concerned with pushing a predetermined set of artists who they deem shall be successful, than they are with finding out what people like. So people will turn to file-sharing where they can find lots of good music that they would never hear on the radio.

    --
    ---------
    There is inferior bacteria on the interior of your posterior.
  43. flawed analysis by penguin7of9 · · Score: 1, Interesting

    Buyers don't lack information with respect to music: if word of mouth and reviews weren't enough, you can now preview CDs on sites like Amazon. With that, most of the rest of the argument seems to collapse, and there are other holes in it as well.

  44. Not a loss leader, just had not paid dev costs by Mastagunna · · Score: 1

    At the time of the article they had not covered the development costs of iTunes. This is not the same as a loss leader. As they will eventually reach a point where the development is paid for, and they will make money. A loss leader is used to atract business an move other products.

    1. Re:Not a loss leader, just had not paid dev costs by Anonymous Coward · · Score: 0

      It is a loss leader when all money from that $0.99/tune goes to the publisher and none to Apple. They are providing the service as a loss leader to sell iPods

  45. More than consumer/artist involved by randall_burns · · Score: 4, Insightful
    The big issue I had with this article:

    The author assumed that media companies mediate between consumers and artists. Another major factor is that media corporations mediate between both consumers and artists and government. The very existance of copyright laws is a mechanism created by government. Other societies have sometimes used other mechanisms to fund the arts-for example in the old Soviet Union, artists received a stipend from the state. In the 1700's, artists such as Mozart would sometimes find patronage from members of the nobility.


    The copyright laws in the United States today go substantially beyond the mechanisms first mandated by the constitution--the concept of "limited time" for Copyrights is getting streched. I personally don't think the Founding Fathers really meant for Copyright to be such a big part of people's lives. Had they understood how information technology would evolve, I think they'd have wanted a substantial mechanism for funding freely available educational and cultural material--just as much as they wanted infrastructure like roads and bridges.


    Instead, what we have now are major media monopolies that actively work to get greater concessions from government and media companies that are major recipients of corporate welfare.

  46. One problem: The artist still gets screwed. by StormShadw · · Score: 2, Insightful

    While I agree with most of what the author has to say, I think there is one component of the problem that is being overlooked. The artist (aka the manufacturer of the goods found by the agent) is still getting screwed. While insurance or contractual obligations related to the quality of the product may make the principal more satisfied, the manufacturer is still getting very little profit.

    As a result, I don't think fixing the distribution side of the problem is enough. The agents in this equation can serve a useful purpose - finding quality music and providing it to the masses - but they need to do it fairly. This is only recently the case; as the author points out, file-sharing has enabled the current situation. Now that iTunes and the likes are beginning to show that direct distribution can work, I think the record labels need to get back into going about their business legitately. That means finding music that really is of decent quality, knowing what consumers actually want to listen to, paying a decent price to the musicians and charging a fair price to the consumer.

    Sure, I can go out and browse music online in hopes that I'll find something I like. And, when I have time, I probably will. But when I don't have time, I'd like to know that the people who are being paid to take care of that for me are actually doing their jobs.

  47. Bovine manure by melted · · Score: 3, Insightful

    People buy music for 99 cents a track for three primary reasons:
    1. Because it's cool
    2. Because they're afraid of RIAA subpoenas
    3. Because they're too dumb to run a filesharing program

    That's it. Myself, I don't think compressed music is worth 90% of the price of uncompressed music, especially considering the fact I don't get the original artwork. I've bought a couple of tracks on iTunes, though - the ones I couldn't find on CDs. For everything else I use Half.com.

    1. Re:Bovine manure by Anonymous Coward · · Score: 0

      1. What in the world is cool about it?
      2. I've never met a person who stopped P2P for this reason -- have you?
      3. I've met some awfully dumb people who had no problem with any of the P2P apps.

      Expecially since you've used it, and I've used it, and we don't seem to fall under your three reasons. Are you sure you're not just being cynical?

    2. Re:Bovine manure by Raffaello · · Score: 4, Insightful

      4. Because they're honest.

      Hard to believe, but there are a whole bunch of honest people still out there. If there weren't, who would all the dirtbags rip off?

    3. Re:Bovine manure by darkov · · Score: 1

      I assume by "dirtbags" you mean the record companies.

    4. Re:Bovine manure by Anonymous Coward · · Score: 0

      "1. What in the world is cool about it?"

      Don't discount the TV ads and media coverage persuading people that this is cool.

      "2. I've never met a person who stopped P2P for this reason -- have you?"

      Yup, you must not meet many people using computers or you aren't aware of their habbits.

    5. Re:Bovine manure by MrHanky · · Score: 2, Insightful
      Hard to believe, but there are a whole bunch of honest people still out there. If there weren't, who would all the dirtbags rip off?

      The idiots, the morons, the feeble of mind? (I don't think, for example, Nigerian scammers primarily rip off the honest people, but they're still definately dirtbags.)
    6. Re:Bovine manure by Anonymous Coward · · Score: 1, Insightful

      4. Because they're honest.

      This could just as well have been put "Because they're stupid".

      Look at the new article on how piracy in China has led to reduced prices.

      Only those who *break* the law have any hope of changing it.

      But you law-abiding sheep just keep taking it up the ass.

      Oh yeah, it "honest" to abide by an arbitrary law that says you're not allowed to share information with others.

      Baaaaaaa, baaaaaa....

    7. Re:Bovine manure by Wardish · · Score: 1

      I have a nice library of 3+ gigs of mp3's I regularly listen to. All of which I have ripped from my own media.

      I have had occasion to receive mp3's via the net from friends and such, which I used to "demo" them. If the content was pleasing then I went out and bought the cd and ripped my personal copies from that.

      If you considering the outrageous price for cd's combined with the annoying fact that it's rare that more than 20% of the cd contents is worth listening to then you may find that itune's price of .99 ea is a good deal.

      The only thing that is holding me back from using the service is I'm not happy with the DRM of itunes, but with the advent of a fair use crack for that I may subscribe. Of course I would be taking a risk that apple will battle against that crack and the associated aggravation that will be unavoidable.

      The point is that I respect other people's intellectual achievements and have no objection to paying a fair price for the benefits. I pay for shareware I use. I pay for music I use. Legality is a negligible inclusion in those decisions. I do so because it's the proper thing to do.

      I really need to get the thorazine dosage upped...

      --
      Ward

      . Silence! Be thankful thy species is unpalatable! .
    8. Re:Bovine manure by PoopJuggler · · Score: 1

      Even the audio on a CD is "compressed" from the original analog (or digital) tapes. You NEVER get the "original" artwork.

  48. Amortized cost by Anonymous Coward · · Score: 0

    > Let's go through core numbers for the capitalist model

    Sure. Let's also include the concept of "amortized cost", which simply means "if it costs me $1 million to buy an apple orchard that produces 10 million apples, I'm going to charge an extra $0.10 per apple to make that up, not $1 million for the first apple and $0 for the rest."

    Amortized cost is at the core of intellectual property, and is something that a great many people appear to want to gloss over. If discovering a new anti-cancer drug costs $1 billion, either companies have guarantees that they can make that money back, or there are no new anti-cancer drugs without massive government subsidies. Because the key to the drug is _knowledge_ - any pharm company can manufacture it once they know how it's made, and we all know how well security-by-obscurity works - these guarantees need to be legal in nature.

    Of course, you could say that music production doesn't need to follow this model, and to a large extent you'd be correct. That still doesn't give you any right to break the law and take something that doesn't belong to you. If you want free-as-in-beer music, put your ears where your mouth is - download indy music and go to their concerts.

    Otherwise, you're nothing but a leech, and just as greedy as the RIAA.

    1. Re:Amortized cost by Anonymous Coward · · Score: 0

      > Sure. Let's also include the concept of "amortized cost", which simply means "if it costs me $1 million to buy an apple orchard that produces 10 million apples, I'm going to charge an extra $0.10 per apple to make that up, not $1 million for the first apple and $0 for the rest."

      I'm not sure what you mean by "an extra $0.10". The direct cost to you as a seller of apples is the fixed $1 million for the orchard, the cost of labor, the economic "worth" you place on the apples, and the steps needed to sell the apples. All of this together makes up the cost. Admittedly, this isn't going to be $0 or even $0.10, but if you started selling $20 apples, I wouldn't be surprised if people went elsewhere for apples.

      > If discovering a new anti-cancer drug costs $1 billion, either companies have guarantees that they can make that money back, or there are no new anti-cancer drugs without massive government subsidies.

      Governments provide subsidies all the time for research, especially when it comes to research for miracle drugs like anti-cancer drugs. The fact is, most pharm companies end up spending half or less of the total bill when it comes to production of the drug. And even though the government realizes that by giving a single company exclusive rights over the drug which will almost certaintly hurt the people who are unable to afford it, they give the subsidies quite willingly as an attempt to provide money for the externalities that the drug provides (though, I seriously don't know what that is).

      The resulting drug ends up being patented, not copyrighted, which beyond being outside the scope of this discussion, ignores the point that drug companies tend to jack up their prices, patent or not, because there is low elasticity to the demand (ie, people are willing to pay just about anything to not die). This low elasticity, actually, makes drug companies a horrible comparison against music companies.

      > That still doesn't give you any right to break the law and take something that doesn't belong to you. If you want free-as-in-beer music, put your ears where your mouth is - download indy music and go to their concerts.

      Indy music isn't necessarily "free-as-in-beer" either. The fact is, because of the highly coordinated efforts of the members of a cartel, it's nearly impossible to get people to even begin to listen to indy music at first, just because they've never heard the name on the radio/mtv. Giving awake music is really a last ditch effort to attract people just like the cheese samples at stores. Taking it to mean that all the cheese in the store is free is going well beyond any reasonable intention.

      But back to the first point, the current copyright law limits now extend for a minimal of 70+ years. Given that this is near a lifetime, I cannot see how this falls under the scope of "limited" in the section of the Constitution used as justification for copyright laws. Given that it's not in the scope of the Constitution, copyright law now is currently unconstitution. So, "breaking" it is a form of civil disobedience.

      The truth is, that as your original comment about apples points out, there is an actual cost to production + distribution. Of course, even if people don't "realize" the cost of production, there is still simple economics to solve the problem.

      If everyone has an equal cost to sell a song, then that will be the market price. This means that the original maker will either recieve less profit for each CD/digital music sold or they can charge more and provide something tangle or intangible that will motive people to spend the extra amount. Currently, that "more" is $15+ and the tangable is a CD cover plus the intangible knowledge that the artist is being paid. If this model is failing, then the obvious solution is either to decrease the price or increase the tangible/intangible assets provided. In the end, I believe that the intangible knowledge that you're paying the artist is enough to pay for production costs. I don't think that's anywhere near $15+ more than the competition.

  49. Bzzt. by PetWolverine · · Score: 2, Interesting

    I'm not exactly qualified to pick bones with this guy on matters of economics, but I have to, because he's completely wrong.

    He says that music pricing needs to vary in order to convey information to customers about what they're getting. But the value of music isn't intrinsic to the music. What I may be willing to pay $1.25 for, you may only be willing to pay $.02 for. The fact that the RIAA has valued this particular song at a given price tells me nothing about its value to me. The complete inaccuracy of this detail of the article is borne out by the success of the iTMS in the face of various other services, such as buymusic.com, that have failed miserably despite variation in their pricing schemes.

    The idea of variation in pricing won't work because songs are not interchangeable. When I'm shopping for a piece of hardware, I might pass on, say, an iPod, because a cheaper device will do basically the same thing, and I'm willing to get a lower-quality device if I can pay less for it (actually I'm not, but that's another discussion). When I'm shopping for music, though, I'm not going to say, "Oh, that Dylan track is too expensive--I'll buy this Radiohead song instead." One song is not a replacement for another, or I wouldn't have 12,000 of them.

    The way to give customers information about what they're buying before they do so is not through pricing, in this case, but through recommendations. If I buy a zillion Dylan albums, several Simon & Garfunkel albums, a few Pink Floyd albums, and some Tom Petty albums, the iTMS should say, hey--maybe you'd like to try some Weezer. It should keep track of what I buy, how much I like it, and what I might like based on comparisons of my history to those of other users. Then, maybe I would use it a bit more. Instead, it's simply the first place I look when I have something specific in mind that I want to buy. If it made recommendations, Apple would be convincing me to buy music when I otherwise would not; instead, they're convincing me to buy music from them when I would buy music anyway, which is a lot less effective.

    --
    I found the meaning of life the other day, but I had write-only access.
    1. Re:Bzzt. by rollingcalf · · Score: 1

      "He says that music pricing needs to vary in order to convey information to customers about what they're getting. But the value of music isn't intrinsic to the music. What I may be willing to pay $1.25 for, you may only be willing to pay $.02 for. The fact that the RIAA has valued this particular song at a given price tells me nothing about its value to me."

      But that's how it is with any other goods. Different people are willing to pay differing amounts. You can only sell to the people who are willing to pay as much or more than your price, so in a market with varying prices, the sellers do better market research and analyze buying trends in their attempt to determine the price that would bring optimal profits.

      Prices carry information about the supply, demand, and cost of making a good. With music, the supply is practically unlimited, since they can easily manufacture as much as they want at little cost, and the marginal costs are near zero. So if music had varying prices, the price would almost entirely reflect the demand. A high price would indicate high popularity, which in turn indicates high quality for people who tend to like music that lots of other people like. So the price would be indicative of its value to you iff you tended to like music which is popular. If your taste in music is very different from the public at large, prices wouldn't tell you much, but you would benefit from having access to lots of low-cost music.

      "When I'm shopping for music, though, I'm not going to say, "Oh, that Dylan track is too expensive--I'll buy this Radiohead song instead." One song is not a replacement for another, or I wouldn't have 12,000 of them."

      For someone who can afford a collection of 12000 they may not be interchangeable, but for most people they are interchangeable to the extent that they will have an interest in multiple songs but are willing and able to buy only a subset of them. Many a time people will go to the record store and see two or three CDs that they want to buy, but will choose just one for budgetary reasons. If someone liked both Dylan and Radiohead almost equally and had to choose just one, a significant price difference would indeed tilt them towards buying the cheaper one. The more expensive one would have to be perceived as being that much better than the rest in order to be chosen.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
  50. Some Tools for Thought... by dyoo78 · · Score: 5, Interesting

    "Fundamentally, I'm going to argue that consumers download music, as much to derive extra value from getting something for free, as they do because they want insurance against buying something they didn't want in the first place. File-sharing is as much about risk-sharing as it is about the 'theft' of value."

    The article addresses market failure through the lense of information asymmetries, moral hazard and agency costs. These explainations are classic economic (Ronald Coase) explainations of why there is a failure in the music market. Yet, the fundamental argument of this paper - that double moral hazard and information assymetries cause market failure in the music industry - misses the fundamental point of market failures in ALL information markets(software, music, art, books, etc).

    Information goods resemble public goods. Consider the three tenet assumptions in properly functioning markets. The assumptions are 1) that the good is rivalrous, 2) that the good is excludable, 3) that there is full information when purchasing the good. Combinations of these three assumptions results in various types of goods, which require different economic models to solve. For instance, if the good is non-rival or non-excludable, the good is considered a public good. Some examples of public goods are public parks, the sun, air, etc. These types of goods are non-rival because your consumption doesn't deplete the good such from other users/consumers. Likewise, these goods are non-excludable because it is very hard to put a fence around it, and hence, rationing such good by a price mechanism.

    Now, consider information goods in this sense. Information goods resemble public goods because they are non-rival and non-excludable. My consuming the information doesn't deplete the good and prevent others from using it and excluding others from consuming information (putting a fence around information) is very difficult. The fundamental problem within the music market is that we have a market failure from the start precisely because music is 1) non-rival 2) non-excludable.

    The author tells us a story about the music market needing risk insurance, yet fails to consider the very notion of economic exchange in information goods. The problem with music is this. Consumers want music and indicate their preference for music by voting with their dollars. Yet, when the marginal cost of distributing the good is nil, and those that shouldn't be excluded from the market are being excluded, we have a problem. When you want to reward creators of music, and not exclude anyone from the market without specific reason, what is the right price you should sell your music?

    I agree that there are problems with value indicators, (i.e. price of all music is the same ($12) and consumers can't reward music creators based on societal value), but I still see some fundamental flaws in his argument.

    So who's working on the economic problem of information goods? Enter Suzzan Scotchmer, Brad Delong, John Zysman, Steve Weber, and Hal Varian.

    These people are all Berkeley professors who discuss micro/macro level frameworks that give us tools for thought in information markets. There is an academic revolution going on at Berkeley and I'm very thankful, I am here to witness it. ;)

    For your reference, I am an undergraduate at UC Berkeley and have studied information economics for some time now. More information about me can be found here: www.dyoo.tk

    1. Re:Some Tools for Thought... by Anonymous Coward · · Score: 1, Insightful

      Hi Dyoo,

      I've read the authors you cite extensively obviously, so here's a quick response.

      I don't see market failures in all digital markets. People download porn (and pay), people play video games (and pay), people subscribe to the WSJ (and pay), etc, etc.

      This is the problem the the Varian school - they're missing the obvious. Digital markets can work - they don't always fail. I wanted to approach the problem from a very different angle, because the network econ/public goods approach always breaks down in the face of the real world.

      But the biggest problem I have with the Varian school is that it fundamentally thinks that value is about exclusion - this leads inevitably to DRM strategies, which try and exclude people. I don't think value is always about exclusion.

      Information goods aren't purely public goods. They're not really non-rival in consumption. They're non-rival in replication. But these can be two very different things.

      Here's a question for you: using the Varian approach to analyse file-sharing where do you end up? That's the problem. (The answer is nowhere - the model breaks down). That;s why I used old school econ instead.

      FYI, check out Stan Liebowitz for some very nice critiques of the Berkeley school of network econ.

      Thanks for the comments.

      Umair.

    2. Re:Some Tools for Thought... by dyoo78 · · Score: 1

      Hello Umair,

      A couple things I'd like to note: when I describe market failure, it's purely from an economic perspective; meaning, that for information markets, markets do not equilibrate. Hal Varian, Suzzanne Scotchmer, Brad Delong discuss this issue from an economic perspective, and hence, describe information markets as a market failure (i.e. markets don't equilibrate properly).

      Setting aside theory, we are still left with the problem we began with. Information goods (in our case music) is expensive to make, but cheap to copy. We want to reward "good" music creations, yet have the least amount of dead weight loss.

      If we have market failures because of rivalry, excludability and information assymetrics, then the trick is to tackle this issue by solving some of the basic problems with the market.

      The first would be exclusion. There are many other methods of exclusion and DRM strategies is just one instance of an exclusionary mechanism. Consider Google's page rank system. A user enter's the site and searches for information. At no point does Google give away Page Rank so that the user can use it him/herself. These systems (many people call "Call-Home Systems") allow creators of the information good to hold on to the actual good without compromising mass unauthorized distribution. Ofcourse, implementing such a system for music distribution whereby music is held in a location and is streamed, rather than given to consumers, would be a difficult sell to consumers.

      Enter Suzzanne Scotchmer. Scotchmer uses micro-economic framework which can be applied in the music market. Her forthcoming book (MIT Press) gives us a framework of analysis to work from. A small portion of her research can be found here: http://ist-socrates.berkeley.edu/~scotch/

      In particular, her working paper "Consumption Externalities, Rental Markets and Purchase Clubs" would be of particular interest. Just to note, she has taken down some of her work due to copyright issues, which have come about as her book is soon to be published. I'll send you some of her work via email. I'm assuming this would fall under the fair-use doctrine.

      Thanks for your reply. I'll take a look at Liebowitz.

    3. Re:Some Tools for Thought... by Anonymous Coward · · Score: 0

      Hi David,

      I like the point about 'call-home systems'. Please do email me papers you think are relevant - I would like to read them.

      Thanks for the discussion - hope you enjoy Liebowitz. You may also want to check out Nick Economides' work, which gives a more quant take on network economics. Oz Shy's new text is also quite cool in some places.

      Umair.

  51. Re:THESE ARE TEH FACTS. by PetWolverine · · Score: 0, Redundant

    Haven't you seen Die Hard?

    --
    I found the meaning of life the other day, but I had write-only access.
  52. I dunno... by BrainInAJar · · Score: 1

    I don't know about you guys, but I don't download music because I want insurance or whatever... I do it because I don't want to give my money to huge corporations if I can in any way avoid it

  53. Alternative to MTV by Anonymous Coward · · Score: 0

    There was a solution to this, it was called The Box. http://web.archive.org/web/19990508072724/http://w ww.thebox.com/index.html
    Unfortunately MTV bought us out, had us develop Control Freak, and then closed the company.
    Many bands who would have gotten no TV-play got airtime by their fans calling a 900 number to see the video.
    Hell, I met more stars than I remember back when they were nobody, and they were happy for an alternative to MTV, one which couldn't control the amount of air-play they got.

    Rick DeBay

  54. The solutions for the music industries problems by jonwil · · Score: 1

    1.give the artists more money. If this is done, the public might be more likely to buy instead of pirate. (since they know that by buying their favorite artist gets more money and is encouraged to make more songs)

    2.better music. If those artists with REAL talent (as opposed to those with no tallent that only get support because of their good looks or whatever) got support, people would buy because its good. For example, I recently bought a CD full of Australian songs because the songs are good and the artists are GOOD.

    3.cut out the middlemen and lower prices. Particularly, end the monopoly cartells and aggreements that keep CD prices artificially high. If CD prices fell across the board, I would buy more CDs.

    The fact is, I wont buy even one CD if that one CD is going to cost $30 (australian that is) or whatever. But if the cost of the CDs I want came down from $30 to $20 or $15 or something, I would probobly buy more than one of the CDs on my want list. I might actually be tempted to buy stuff I have currently got in my "downloaded songs" collection (especially if that stuff was on the same CD as something I havent been able to find :)

    4.Forget Copy Protected CDs (which actually have the opposite effect in that people will be more likely to download the songs, so they can have them on their computer and play them in their playlists or so that they can rip them to a portable device or whatever).

    Also, forget DRM protected music files. Firstly, any song that is offered for sale on online shops will almost certainly be available on P2P anyhow. Another "anti-copying" measure that could be taken for "legally downloadable" songs is that the files could be watermarked with something like the username or ID of the person buying it. Then, if it shows up on P2P, you know who copied it from the shop to P2P in the first place and you can sue them.

    5.better offerings on the physical medium. Surely, making a system where you can buy by the track and then have the tracks you like burned to CD in regular CD audio format (which could then be played on regular CD players) is fesable.

    I suspect this would probobly work better having this done by the record company as a mail-order thing than having kiosks in the stores though.

    and 6.finally, do what the Computer Games industry (and to some extent the Movie industry does) where music that is less popular or older or whatever is cheaper.

  55. It depends on the label's services. by Simple+Simian · · Score: 2, Insightful

    One of the things I miss about the glory days of Napster was being able to look at the entire list that someone had shared. Currently you can really only look for what you're already looking for and can't easily find new music. Let alone find something you really like. It's free, but not ideal by any means.

    One summary of the article is simply "selling individual tracks alone won't cut it." Selling individual tracks at a reasonable price with guaranteed quality and availability is not enough.

    If they can introduce listeners to music they may like but do not yet own, then they will succeed. If not... ...well... ...could it really get any worse?

    --
    Rule #1, people are stupid. There are no exceptions.
  56. Legality by t0ny · · Score: 4, Interesting
    Ive always been curious about something, but since I was never interested in the whole MP3 thing, I never looked into it.

    If you already own the music, is it legal to get MP3's of that music off the internet?

    In my case, it would be a collection of around 100 tapes (not CDs, but tapes). The tapes still work, but obviously it isnt the most convient media format. Would it be legal to just get higher quality files of that music? Or is their contention that you dont own a license to the music, but are tied to whatever media you purchased it on? Im sure this runs into what boundaries there are for 'fair use', but IANAL.

    --

    Manipulate the moderator system! Mod someone as "overrated" today.

    1. Re:Legality by Zork+the+Almighty · · Score: 3, Insightful

      The industry's position is that you bought the media along with a license to view the content which is tied to that media. A strict interpretation of "fair-use" is that you have a right to make personal copies things on your own media, and you are allowed to publish portions or derivatives of works as part of a criticism, satire, etc.

      --

      In Soviet America the banks rob you!
    2. Re:Legality by Anonymous Coward · · Score: 0

      if you download mp3s of the music which you already bought on tape, you are not *technically* breaking the law, you are making a fair-use copy of the tape (albeit one with higher sound quality)

      but.. the person youre downloading it from is certainly breaking the law, they are distributing copywritten files without consent, unless of course youre downloading it from the copywright holder. (not gonna happen)

    3. Re:Legality by FooAtWFU · · Score: 1

      On the other hand, all the people-who-tell-you-these-things in the local university's IT department are quick to point out that it seems it's not really legal to download music you already own. MAKE UP YOUR MINDS, WOULDYA?

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    4. Re:Legality by Cheval · · Score: 1

      Matt Oppenheim from the Recording Industry Association of America(RIAA):

      Question: [If I own a music CD, is it legal for me to download the digitally compressed music for that CD (exact same version) via a peer-to-peer music service?]

      Answer: As a technical matter, it is illegal to download a recording from another that is not yours. As a practical matter, there is no reason to do it. It is easier these days to rip a recording from a CD than to download it. And, when you rip the CD, you do not open up your computer to all of the spyware and other viruses that are part and parcel of most illegal P2P services.

      http://www.pbs.org/newshour/forum/june03/copyrig ht 9a.html#ob

    5. Re:Legality by Anonymous Coward · · Score: 0

      Those silly illegal mp3s keep rolling though.

    6. Re:Legality by t0ny · · Score: 1
      unfortunatly, he doesnt really answer the question. He says that they dont want you to take a recording which was made by somebody else's media (even if you own a copy of the same music), and besides that, if you are getting it electronically you are going to get viruses and spyware.

      Sounds like they are trying to discourage what may legally be considered 'fair use' by FUD... at least to me it does. Of course, reselling the same music on new formats (or even due to wear and tear) is one of the cornerstones of the recording industry. Its why CDs are made on low-quality plastic rather than higher quality, scratch resistant plastics. I also believe this is the main reason why they are resisting digital music: it will never wear out.

      --

      Manipulate the moderator system! Mod someone as "overrated" today.

  57. The reson this is all a load of crap by SiliconJesus101 · · Score: 3, Interesting
    The bottom line is that people like to get shit for free. No matter what the recording labels do people are still going to download the music free because....well....it's available!

    It gets pretty tiresome to see all of the "analysts" posting why they think P2P apps are popular when the real truth of the matter is that humans as a species will choose the free route to obtaining goods and/or services whenever possible. Hell, even those that know that what they are doing is wrong will still download the music for free. It's not "really" illegal if you don't get caught and you are only hurting a big mega monopoly and not some poor individual.

    Sure, services like iTunes are selling tons of music, but I would wager my services as a fluffer for the gay porn industry that the iTunes buyers are the same people that have bought music legitimately all along and the "Napster" thieves will never buy music no matter how cheap it is as long as it's available for free elsewhere!

    --

    "The strong will do what they want, the weak will do what they must."
    -Thucydides

  58. Cover art by Prof.+Pi · · Score: 1
    ... and then sit listening to it while you absorbed the cover art

    And even if the art was lame, you could still use the cover for sifting the seeds out of your pot.

  59. The only double hazard with the Hilton sisters is by Anonymous Coward · · Score: 0

    when you go in for the kill, you might find someone else's dick already there.

  60. Not to mention, you could clean your pot on one! by Newer+Guy · · Score: 1

    Try cleaning marijuana on a CD jewel box. Impossible!

  61. It models it very well by Anonymous Coward · · Score: 0

    To catch everybody up to date on the economic terms being used this week:

    The record companies are rent seeking.
    The record companies and listeners are both operating under moral hazards.
    And what you are describing is the listeners fulfilling the tragedy of the commons.

    The musical publication landscape is itself a commons. An individually himself doesn't bear all the negative effect of violating copyright laws, but instead that cost is spread out to the entire music industry, all artists and listeners.

    I think the saying goes, "Those who do not know economics are doomed to reinvent it," but I think that had something to with history and not econ.

  62. WATER!!! by Newer+Guy · · Score: 2, Interesting

    Water is the best example I can think of. It's available out of the tap for virtually free, and the free stuff quenches your thirst just fine! Yet, the bottled water industry is worth BILLIONS! Why? Several factors. One is convenience. Bottled water can be taken along, easily refrigerated, etc. Second is taste. Whether it be true or not, the PERCEPTION is that if you pay for water it must taste BETTER!! Third is purity. Though city water must meet strict purity standards, people believe that bottled water is better, even when it's tap water that's simply been filtered again. Fourth is flavor. Though people can put their own lemon juice into tap water for a nickel, they still happily pay over a buck for a quart of water with: 'essence of lemon'. Fifth is style. People perceive certain bottled waters with 'cool'. Look at Perrier. Or Pellegrino. It sells for three bucks a quart bottle. Tap water is for mixing with scotch. Perrier and lime are for drinking INSTEAD of scotch! The reason water makes so much money is because the bottled water industry created the need and then fufilled it. They didn't do it by calling their customers idiots for drinking tap water, They did it by telling their potential customers that drinking bottled water is the SMART, COOL thing to do! They created PERCEIVED VALUE for their product. The RIAA does just the opposite. They call their customers crooks and swindlers. They foist crap music upon them. The container they put their product into hasn't changed in a quarter century even though there's a HUGE demand for a smaller, more convenient one. Then they wonder why people are drinking 'tap water' from kazaa. There's no reason why the bottled water example can't be used for selling music. The record companies just need to buy a clue...and a big bottle of Perrier to drink it down with!

  63. A real solution, ASCAP and the RIAA by oakbox · · Score: 2, Interesting

    When I worked at a radio station many moons ago, we would occasionally go through an ASCAP audit. Basically, the radio station carefully logs every song played on the air for a specific time period and then uses this playlist (along with other radio stations' playlists from around the USA) to allocate payments between its member composers. The radio station (and any venue that plays music, including restaurants, bars, etc) pay a yearly ASCAP fee.

    Why doesn't the RIAA offer something like this as well? We, as consumers, have the option of coughing up 10 bucks a year for a blanket licensing agreement. With this license, a consumer can swap and trade files to their heart's content and the RIAA could keep track of which files are being traded the most online to allocate how that pool of license fees should be divided among its constituents.

    Maybe it isn't the RIAA, but some new organization that handles the royalty pool. I'm just pointing to the most visible blanket representative of the music recording industry.

    The New Licensing Agency would provide feedback to artists and recording companies about what songs are hot on the internet among file sharing services. The recording companies have an incentive to bring good music to market and to PROMOTE that music because that brings them a greater share of the license fees. Consumers purchase protection from the spot raids and outrageous legal actions we have seen in the past. The NLA would be open to even the smallest music distributor. If you are good at online marketing and can steer downloaders toward copies of your music, you get paid.

    This gets rid of all the DRM craziness. I'd fork over 30 bucks (which is about double what I spend on CD's in a year) a year to have unlimited file sharing ability.

    Imagine a return to the halcyon days of original Napster but without the legal risks. Servers that were fast, reliable, and (relatively) trustworthy. Nirvana for all.

    I'm really interested in seeing if you can see any holes in this argument, I would love to read them.
    -oakbox

    --
    Not just answers, the correct questions.
    1. Re:A real solution, ASCAP and the RIAA by BanjoBob · · Score: 1
      Part of the problem is the way BMI/ASCAP/SESAC pay out their royalties. Small genre artists don't get anything and the top artists share the entire pile of cash (after these agencies take their administrative cut). I used to pay out thousands of dollars in royalties only to find that NONE of the artists I aired ever received a solitary dime.

      The system has to guarantee pay for play. If a song gets played -- regardless of how small the artist, then that artist still gets their percentage. This doesn't work today and the licensing agencies like it that way.

      --
      Banjo - The more I know about Windoze, the more I love *nix
    2. Re:A real solution, ASCAP and the RIAA by Anonymous Coward · · Score: 0
      That's by far the best idea I have heard yet on how this should all be dealt with. Actually, I read an article by some guy yesterday who was saying the same thing except he didn't mention how the money should be collected. An opt-in music license that means you can do what you want with all music in the scheme for a small annual fee would definately get my money.

      Potential problems are in the details. These things would need to happen at a minimum:

      1. Annual licenses should be made available to any person for a small annual charge, removing all legal liability for using that music, including giving it to other people who may not be licensed (go after them, not me!).
      2. Any artist should be able to place their content under the scheme at no cost, and without discrimination.
      3. A non-profit low-cost organisation should figure out the split using publicly verifiable logs, and open source software to crunch those logs and produce the final result.
      4. anything else I forgot :-)
    3. Re:A real solution, ASCAP and the RIAA by Anonymous Coward · · Score: 0
      That's by far the best idea I have heard yet on how this should all be dealt with. Actually, I read an article by some guy yesterday who was saying the same thing except he didn't mention how the money should be collected. An opt-in music license that means you can do what you want with all music in the scheme for a small annual fee would definately get my money.

      Potential problems are in the details. These things would need to happen at a minimum:
      1. Annual licenses should be made available to any person for a small annual charge, removing all legal liability for using that music, including giving it to other people who may not be licensed (go after them, not me!).
      2. Any artist should be able to place their content under the scheme at no cost, and without discrimination.
      3. A non-profit low-cost organisation should figure out the split (and deal out the cash) using publicly verifiable logs, and open source software to crunch those logs and produce the final result.
      4. anything else I forgot :-)
  64. Bad Economic Analysis (long) by tabdelgawad · · Score: 2, Insightful

    Casting the relationship between consumers and record labels as a principal-agent problem with moral hazard is both incorrect and completely misses the point. The author seems to be aware that asymmetric information between principal and agent is necessary for moral hazard to exist, but the asymmetries the author points out are either not unique to the music industry or just plain wrong. let me explain.

    The author asks "So what if, under such a contract, the interests of the record labels (the agent) diverge from the interests of the listeners (the principal)?" Well duh! *Any* industry can be thought of in an asymmetric information principal-agent context with respect to consumers (do you know exactly how every good and service you buy is produced?!), and their interests will trivially conflict (businesses maximize profit, consumers maximize their satisfaction). What's so special about the music industry here? How is the industry's attempt "to impose costs beyond the actual search and production costs for which listeners are actually interesting in paying just to feed the bottom line" different from *any* other for-profit business? Since when do consumers need to know the exact production costs of everything they buy for markets to function well?

    Furthermore, the reasons the author gives for the information asymmetries in the music industry are bogus. He claims that under uniform pricing schemes "prices do not serve their usual function of providing an informational feedback loop between labels and listeners". I suppose he never heard of 'sales figures' as an information feedback loop! The author claims that information problems are compounded because "music is an experience good - its value is not directly knowable to buyers until they have begun to consume it." True, but irrelevant! Most people have the opportunity to know more about the CD they buy before they buy it than they can know about most other goods they buy; they can listen to singles on the radio and TV, listen to 30-second samples of every song on sites like Amazon, listen to the whole album in the music store or even borrow the CD from a friend. If there's a problem, it's not that we don't know whether an album has crappy songs, it's that we're forced to buy the crappy ones with the one or two good ones that we like. It's *not* an information problem. Further, consumers need *not* "coordinate amongst themselves" to influence labels any more than they need to "coordinate amongst themselves" to influence any other manufacturer: sales and commercial success speak for themselves.

    What *is* unique about the music industry, the movie industry, the software industry and information goods in general is that the internet has transformed them into *pure public goods*, like, for example, national defense. There are two characteristics that define pure public goods: (1) their consumption is non-rival (my consumption of one unit does not affect the ability of anyone else to consume the good. Think of the effect on your neighbor's consumption of his music if you digitally copy one of his CDs, or his consumption of national defense if you increase your household consumption of it by having a baby, compared to the effect on his consumption if you drive away in his car) (2) their consumption is non-exclusive (you cannot prevent a newborn from 'consuming' national defense, and it's difficult or impossible to prevent people from copying information in the internet age, whereas it's possible for your neighbor to prevent you from using his car). Another way to think about pure public goods is that they have high fixed costs of production for the first unit and zero marginal costs of producing additional units.

    Pure public goods are a well-understood type of market failure (you'll see them discussed with 'externalities' in most Economics textbooks). The producers of information goods have attempted to solve this problem by making information goods 'exclusive' (a.k.a. DRM) which is sufficient to solve the market failure and eliminate the 'free-ri

    --
    Imposing Libertarian views on everyone online since 1992.
    1. Re:Bad Economic Analysis (long) by Anonymous Coward · · Score: 0

      Hi,

      You're talking econ 101. I'm talking past econ 101. Read some more. But first, here's why you're wrong:

      0) The principal-agent problem applies with special vengeance to the record industry for exactly the reason I argued: because the contract sucks. Where contracts are better - think of derivatives traders who get 10% of their profits - the principal-agent problem vanishes. You seem be saying 'there's a principal-agent problem in every transaction, so let's just forget about all of them'. Umm...no.

      1) ask your professors is they think digital goods are '*pure public goods*'. None of them will say yes. The air is a pure public good - an MP3 is not. It's pretty obvious why this is true - economists used to think digital goods were pure public goods a few years ago. Not anymore.

      2) If you think sales figures in the record industry provide a feedback loop, you've missed the whole point of why people dislike the RIAA so much. I can't believe that you honestly think sales figures count for anything in the record industry. You are basically saying that the industry should keep pumping out more Britney Spears'.

      3) You've claimed that consumers can coordinate amongst themselves to influence the record industry. I wish you'd let us know how. If you really knew how they could, you could make a lot of money - so my guess is that this claim was bogus.

      Look, here's the real problem: you're using econ 101 to argue that there are 'market failures' for 'public goods' which require 'exclusion'.

      No doubt this model has some merit. But don't get trapped in the model - it leads to a strategic dead end. You end up at the 'private provision of publc goods', which is just a fancy name for DRM or other kinds of copy protection. I don't think these are the only mechanisms to create or extract value - most geeks intuitively know this, and that's why they hate DRM, and copy protection, etc.

      I think you should read some more, especially about contingent contracts, the various kinds of network externalities, Coase's and Demsetz' work on property rights, exclusion and value, and the distinctions between public, private, and quasi-public goods, and where and how they break down.

      You could start with Samuelson's argument that there are no pure public goods. He won the Nobel.

      Umair.

      PS You read the Herring version of the article. Read the version on my site - it's got more of what you want.

    2. Re:Bad Economic Analysis (long) by tabdelgawad · · Score: 1

      Umair:

      0) There *is* no contract! Buying a CD is like buying a shirt or a box of chocolate. I suppose you can think about your purchase of a box of chocolate as a principal-agent problem, where you delegate the responsibility to search for good ingredients, find a good recipe, etc. (and you can make all the moral hazard arguments) but I fail to see how this is insightful in any way.

      1) Well, I taught college economics for several years, so I guess I should ask myself :). An mp3 is clearly non-rival in consumption. The internet has made it non-exclusive in consumption as well. It is therefore, *by definition*, a pure public good. I don't see where the rivalry or exclusivity are "pretty obvious" as you say. And rather than tell me to 'look it up', why don't you just straight out explain why an mp3 is not a pure public good (if it's so obvious)?!

      2) Uh, sales figures count for *everything* in the record industry. To use your example, the only reason the industry cranks out Britney Spears records is because they sell. If they didn't, they'd drop her like a hot potato. Now it might be lamentable that the public's taste in music is so terrible, or that teeny-boppers have become a significant portion of the buyer market, but you can't seriously argue that the record industry doesn't know *exactly* what will sell in this day and age because there are no CD price variations.

      3) I've never claimed that consumers can coordinate among themselves to influence the record industry. I've claimed that no such coordination is necessary! It's no more necessary than consumers having to coordinate to influence chocolate manufacturers to stop making shit-flavored chocolate: if it doesn't sell, they'll stop making it.

      As for the pure public good model leading to a strategic dead end, that may be true, but I wasn't trying to be normative. An mp3 is either a pure public good or it's not. Until you provide me with a reason why it's not, I'm *forced* to work out the implications of it being one.

      And I'm not familiar with Samuelson's argument that there are no pure public goods. Seems ironic given that he wrote "The Pure Theory of Public Expenditure" (review of economics and statistics, 1954) which formally defined pure public goods for the first time. If it's one of those 'all models are false' type arguments, then it applies universally to every economic theory we have (there's no such thing as perfect competition or pure monopoly either. Doesn't make those models any less useful in analyazing the world)

      BTW, James Buchanan and Ronald Coase, both of whom wrote about the private provision of public goods, have also won the Nobel prize :)

      Tamer

      --
      Imposing Libertarian views on everyone online since 1992.
  65. The Death of the Record Company? by gotpaint32 · · Score: 1

    Here are my thoughts on the problem at hand. I do not think we need to introduce these ideas of risk sharing, or economic morality into the argument to get to the core of the dilemma. The only real question worth answering is the question of "Why buy when I can get something for free?" must be answered. Some consumers, such as myself, are willing to buy CD's from places like Amazon (used or new for a modest amount) after listening to the albums on a subscription service (Rhapsody). Many would ask why do that when you can go on Kazaa, IRC, or one of the various other sources to get the same music for no expense at all. The main reason why I personally stopped downloading music was because the sources were unreliable, inconsistent (tags, lengths, bitrates), or just downright slow.

    Some of you may balk at my reasoning and its understandable, just as I may like Aerosmith while you prefer U2, different people will value different things. But what does the average American consumer value? I personally did not believe saving a few bucks was worth the time and effort in trying to find artists that I liked and attempt to keep up with all the new material that is released by any of the newer artists. I disclaim though that I generally like music which is considered mainstream, nothing too obscure, so my adoption of the on demand Rhapsody service are somewhat biased, but I believe they are biased much in the same way that the general target audience for record companies are so my arguments should hold merit.

    Undoubtedly, there will always be an eclectic niche to fill for those indie/underground music that will not be touched by mainstream outlets, but that is not the point of discussion. These niche players make up a minimal porportion of the RIAA's income, hense disposable. Looking at places like Kazaa, and Morpheus where the majority of oridinary people (not slashdotters) acquire their music, most of these libraries are not so widely out of the realm of mainstream distribution as many previous posts may have you believe. A lot of these libraries are filled with easy recognizable chart topping artists.

    But why buy CD's, honestly, I don't buy CD's to help the starving artists. Nor do I feel particularly upset that I am filling the coffers of the RIAA. I buy the CD's for myself, I buy it for the material good, not really the songs on them. This is what some, myself included find displeasing with services like itunes which makes the user pay to download songs. What exactly am I getting with my 99 cents a song they are charging? The satisfaction that I am a law abiding citizen??? For me that incentive doesn't quite cut it to not go to kazaa. For this reason I believe unlimited services like Rhapsody which lets you listen on demand (the entire song) from a vast library of music is superior. I consider such a system a way for paying for a service rather than just music. These services similar to that of XM radio, or cable TV. Yes I could probably search for it and find it elsewhere, but why bother with the effort when the work is already done and the prices so reasonable. I can hear pretty much anything i want, find it easily, see related artists, all in CD quality. (The system would work even better if more labels signed in on the service)

    Quite frankly, I barely ever play the CD's I buy anymore, I just rip them and transfer them to my ipaq, then the CD is returned to its slot on the CD rack and retired until who knows when. I can see some of you out there reading this rolling your eyes, asking how does this relate to the people who have already made up their minds to pay nothing? Well it doesn't but it does show that the situation is not a lost cause. The companies have various ways to increase customer satisfaction in order to win these unconvinced people over.

    The problem all deals with incentives to the consumer. There are two major ways record companies can react to these demand for incentives.

    The first is a postive approach to increase the value of the goods they produce. After al

    --
    Nuclear war would really set back cable. - Ted Turner
  66. Record companies get what they've been giving. by jamej · · Score: 1

    Wow, lots postings and analysis going on about this subject. Bottom line: Record companies have been gouging artist and consumers alike for years; consumers are now fighting back. All the while, record companies are pursuing a losing strategy with ever greater vigour, i.e., gouging prices and suing online traders. This dynamic will destroy the recording industry as we know it today. A new and profitable way to make and distribute music will be found. But, I don't have a clue as to what it will look like.

  67. Re:The RIAA by Anonymous Coward · · Score: 0

    It insults everyone who believes that they have the right to free music - that is to say, it insults everybody on slashdot.

  68. Re:Double Moral Weight by Anonymous Coward · · Score: 0

    People are not willing to pay for music, but they are willing to pay for access to music. The problem music has always had is diversity. It's hard to find what you want in the millions of artists worldwide. The recording industry made it easier to find what you want by making bestseller lists which mimicked public tastes. Where it broke down is that they subverted these lists to represent what they want you to buy, not what you're actually buying (bestseller lists no longer represent actual sales), and also that the internet has lowered the barrier to access so drastically it becomes perfectly feasible to completely cut out the middle man.

    The only way for the recording industry to preserve themselves that I see is to return to satisfying the customer's tastes. This means cutting up the market into hundreds or thousands of niches, and satisfying every niche with the music they want. This obviously won't be as profitable as the current system, but the current system is going to die, and there's nothing the RIAA can do about it. It seems this would be easy to do with an itunes-like system that blends in user dialogue and feedback (allowing people to enter their music collection together with rating into the itunes general database would allow it to intelligently provide links between music that satisfies the same type of listener).

    In short, the new system should provide the benefits of napster (easy to find likeminded individuals and peruse their music collection, easy to try music before actually buying it), with the legality of itunes.

    I'd sign up for it.

  69. Capitalists & Their Lies (tm) :) by Sivaram_Velauthapill · · Score: 1

    This is the first time I have seen CAPITALISTS (90% of all economists are capitalists) try to JUSTIFY piracy. Interesting!

    Like all things capitalists do (which can be summed up as trying to squeeze the 'free market' into everything), this one is full of holes and assumptions that aren't valid (as a side note, if the assumptions used by capitalists were correct, capitalism might actually work).

    Let's go over the basics that flew over the head of these capitalists. What if people don't want to pay ANYTHING? I don't see the downloaders sending cheques to the artists. Do you? Art is so subjective that could it just be that price mechanisms cannot be used to indicate value? The author speculates that variable pricing (or in theory, free floating price I guess) can be used by consumers to gauge the value of music. Does anyone think that is true?

    Sivaram Velauthapillai

    --
    Sivaram Velauthapillai
    Seeking the meaning of life... @slashdot of all places ;)
  70. Yeah by Anonymous Coward · · Score: 0

    If you don't like the RIAA, go and open your own RIAA! It's the American way!

  71. Restraunts that Return by DragonJedi103 · · Score: 1

    Last time i checked there are restraunts who have money back guarantees on food, if you eat it and you are not %100 satisified you get your money back, typically poeple don't cuz they feel bad asking for money back and nothing to return. However, if you are able to return it i'm sure it was bad.
    Now, i can't think of any restraunts offhand cuz i have not eaten out in awhile, but if you raise enough hell at a restraunt they will give you money back and proably a free dinner? wouldn't that be nice for buying a crappy CD? Getting your money back and another cd ..
    what is still pretty crappy is the iTunes and varius pay servers. it's still damn expensive, granted u can buy only the songs u like, but 10 songs for $10 ? same price as a cd, when on a large scale model, they could sell the song for $.05 and i bet that many more people would get on iTunes or something like that if it were that cheap, they'll make their money cuz there is no overhead of creating cd's, sending them out, marketing and the such, the only overhead is your IT who keeps the servers running and the servers themselves, which i would assume is somewhere way below the cost of producing billions of cd's and the cost of tons of plastic and equipment.

    Just a thought.

    --
    The One Dragon the Only DemonMachine
  72. record companies are obsolete by jilles · · Score: 1

    This article misses a very important point. Record companies were invented to record, mass copy and distribute media. Since about five years their services are no longer required to distribute music. I'd say that is a pretty relevant factor economically speaking.

    Distributing music through p2p networks is very cheap. You can do it from your home. This reduces the cost of an album to a fraction of the cost (there still is some) of a regular album. Basically you need some time to write music and do the recordings, some equipment (a few thousand dollars buys you pretty good stuff), some sound technician to digitally polish your recordings (though it is getting easier to this yourself as well) and thats it. There's quite a few artists already who work like this. Making actual cds of the music is not that expensive either (production cost typically much less than 1$). Record companies have the advantage that mass production is typically more cost effective.

    The record companies are waging a battle at becoming obsolete. Right now the public still doesn't get it. Music comes on small discs. Making those discs costs money and of course the record company is entitled to a rediculous share of an outrages price for that disc. Once people figure out that doesn't make sense anymore, the record companies are history.

    --

    Jilles
  73. Funny? More like "Stupid" by Anonymous Coward · · Score: 0

    Tell me, what added value does a CD, bought from
    the shop, have over the downloaded mp3? Exactly,
    one of that is a booklet with printed lyrics. See,
    that wasn't so hard.

  74. The didnt get them all... by D-Cypell · · Score: 1

    It seems like some scoundrel still has a lyrics site specializing in both classical and modern dance music here.

    Blatent theivery!!

  75. Honesty by Frisky070802 · · Score: 1

    I'm glad you said this, because it proves I'm not the only one out there who has never used a P2P music sharing network. If someone thinks the record companies rip off consumers, they don't have to pay "inflated prices," but this doesn't justify theft. I'm really surprised to see that this article seems to do just that.

    --
    Mencken had it right. So glad that's old news.
  76. One at a time might work by Frisky070802 · · Score: 3, Interesting
    The Ninja project at UC Berkeley a few years ago had an interesting wrinkle on this. They had a music sharing system in which the music stored on disk could only be served to one person at a time, and then only if it was in the server's CD jukebox or a CDROM drive on a workstation. (This is how I recall it, but the link to the USITS paper talks about downloading a song only if the user has uploaded it, a different policy.) So it was a way to share actual CDs, but using compressed audio to make it feasible (many CDs playing at once even though the jukebox could only play one).

    I don't know if the music industry would accept this as fair use, but it would certainly seem reasonable, much like a library lending out a copy but only for the duration of a given play. Perhaps it's a model for a new "legal P2P music sharing network": register CDs, ensure they can be played but not copied (perhaps with trusted client software), and prevent simultaneous play.

    I'd sign up for that, and throw in my collection of maybe 1000 CDs.

    --
    Mencken had it right. So glad that's old news.
  77. CorpGovMedia has yet to control the Internet by Cryofan · · Score: 1

    Inevitably, it just comes down to established power/money using the govt to keep its power and wealth. The p2p computer networks are just something that CorpGovMedia has not yet brought under its control.

    --
    eat shiat and bark at the moon
  78. A Marketing Joke by santos_douglas · · Score: 1
    This reminds me of a marketing saying my economics professors have often recounted to us, it goes something like this:

    "The job of marketing is to sell people things they don't really need to pay for. When we can convince people to pay for water and air, our job will be done."

    Well they've sold us water, so air is next! But you hit the nail on the head, when you sell something that is essentially commodity, there are only two ways to achieve any kind of excess profit: create fake/perceived value, and information asymetry.

    1. Re:A Marketing Joke by penguinoid · · Score: 1

      Well they've sold us water, so air is next!

      Are you familiar with SCUBA diving?

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  79. Screw em by Hard_Code · · Score: 1

    Or, the public can say "Fuck you, you've been screwing us so long we don't CARE to help you do your job better and are completey OK with you going down the tubes entirely, because we can just connect directly with artists. To hell with your business plan."

    --

    It's 10 PM. Do you know if you're un-American?
  80. "Theft" isn't exactly accurate by hacksoncode · · Score: 1
    ... on the other hand, it's a lot more accurate that /.ers tend to accept.

    Here's an analogy that I think makes this entirely clear:

    I go to a hotel that isn't full, and I'm very careful to leave everything exactly as it was when I arrived.

    Is it "theft" if I leave without paying? I haven't taken anything that they could have used to make money anyway...

    It's not exactly theft, no, but people treat it similarly. Why is music "theft" any different?

    It isn't. When you make a copy of the music, federal law gives the company a right to charge for this. You owe them that money, regardless of how you made the copy. Failing to pay it is "theft" in the same way that failing to pay for your hotel room at a non-full hotel is "theft".

    We have lots of different names for things that are somewhat equivilent to theft in our legal system. "Fraud", "theft of services", "copyright infringement", "blackmail", "extortion", even literally "piracy".

    Calling it "copyright infringement" instead of "theft" doesn't really change much. It turns out that current law only makes copyright infringement a crime if you do it on a large scale, much like speeding isn't a "crime" in the sense that can get you thrown into jail unless you're really egregious. This is probably due to the small actual cost that either activity imposes on others.

    Extremely petty theft is still theft, however, regardless of what term we choose to cloak it in.

  81. risk: full previews is already the norm by rjnagle · · Score: 2, Interesting

    This is interesting analysis, and the idea of double moral hazard, insurance, etc is a good way of looking at the sociological problem.

    Actually, though, the article's writer doesn't seem to be aware that having an album streamed entirely over the net is becoming more the norm with every passing day. With that capability, consumers can make the purchasing decision without assuming much risk.

    The bigger problems seems to be that the consumer doesn't want to spend the time previewing so many songs. In other words, the "mental transaction costs" outweigh the supposed benefits of finding new stuff.

    I'm not saying that clearchannel radio is a good way to introduce consumers to new music. But it is an example of how consumers can have exposure to music without needing to expend mental transactions.

    There needs to be a painless way to learn about and listen to new music. One such, solution, iRATE radio continuously downloads mp3's and lets users choose which one to keep and adapts to user preferences (see my interview with the creator Anthony Jones ).

    I've already written a substantial essay advocating a voluntary compensation model for music (see sharethemusicday . )
    In addition to tipping, content aggregators like Universal can provide value by simplifying the task of managing music files, improving the download client and allowing users to create "share lists" that are easily accessible. I would gladly pay for that.

    If a content aggregator company could create a download client that simplified file management, allowing sharing of music lists and user recommendations and allowed for a tip jar, then everybody would be interested. Musicians could pay a small fee for music hosting (and maybe fan support like forums, web hosting, etc). They would do it if tipping became perceived as a reliable revenue source. Users could pay for the download client (plus access to updates). This kind of service would make money, satisfy fans who want unlimited downloads and satisfy musicians who want tips.

    --
    Robert Nagle, Idiotprogrammer, Houston
  82. not just irate radio by rjnagle · · Score: 1

    I don't mean to imply that irate radio is the only way to expose users to new music. Music blogs are a good way, as well as sites like godsofmusic . Also, music burning groups (I participated in a recent CD Burn event with 5 friends). And dark networks (private networks of file sharers).

    --
    Robert Nagle, Idiotprogrammer, Houston
  83. another way to reduce moral risk: used CD market! by rjnagle · · Score: 1

    a friend of mine has solved the risk problem like this:

    buy the CD, either new or discounted.
    Make a personal copy (legally entitled to do this).
    Sell the original CD on amazon/half.com for a discounted rate. (again, a legal transaction).

    Of course, we're not longer talking about insurance here; my friend does this whether the CD is good or bad.

    The effect of people reselling CD's is to apply downward pressure on the sticker price. But there is another more profound impact. It no longer makes sense for music companies to produce original music (if it could be resold so easily). It makes more sense for a music company to just take other people's content produced independently or elsewhere and then repackage it or make it available for a subscription fee.

    If anything,this scenario illustrates that the risks that music companies are taking to cultivate and promote an artist's talents are too high to be worth taking. This is shifting more of the risk on the individual performer. Is that good?

    --
    Robert Nagle, Idiotprogrammer, Houston
  84. Re:another way to reduce moral risk: used CD marke by MichiganDan · · Score: 1

    This is an interesting interpretation of copyright law. You are allowed to make a backup copy for personal purposes, but when you sell your CD, you also sell the right to have the backup copy. Buy-burn-sell might be efficient and fun, but it's still not legal.

  85. Re:Double Moral Weight by sjames · · Score: 1

    His thesis is akin to claiming that capitalists are the cause of poverty in the huddled masses and therefore communism will serve us best ...

    That is true iff you believe that private insurance is a communist scheme.

    To put it in other terms, every purchace of music is a financial risk. The risk is that the CD will suck and your money was wasted. File sharers reduce that risk by sharing their music and effectively becoming a larger buying pool. In that way, a sucky album's cost is effectively spread across the group in more or less the same way as the cost of an auto accident is spread across all holders of the same auto insurance.

    The argument is that the opaqueness of the music industry to the consumer leaves an open door for the music industry to shirk it's part of the bargain by selecting music based on something other than buyer satisfaction. At the same time, the opaqueness of file sharing to the music industry leave an open door for the file sharer to shirk his responsability by not paying for the music that he actually does like.

    In still other terms, the consumer value of a CD is reduced by the odds that it will suck, but the price has not come down in response. A file sharer's time and trouble is worth something (We know this because the same people go out to eat and buy pre-prepared foods rather than cooking from scratch, for example). The net value of that time and trouble is smaller than the cost of a CD. The result? File sharers take the time and trouble to download the music.

    My conclusions differ from the author's, but that's for another post. The author does at least have decent arguments for his conclusions.

  86. Well, that, too by melted · · Score: 1

    But then they aren't that smart. You can buy real CD for the same money on half.com. So they kinda fall under the third category.