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eBay Running Trial for Downloadable Music

supersandra writes "Looks like eBay has been inspired by all those millions of iTunes song sales. They're running a six-month test offering downloadable music through authorized sellers, who would have to 'ensure copyright protection for the content and meet service-level agreements.' Also of note, 'music buyers won't be allowed to resell the files on eBay.'"

165 comments

  1. second hand market for digital music? by Anonymous Coward · · Score: 3, Funny

    I have 5 gigs of that .... ebay here i come!!!

    1. Re:second hand market for digital music? by Anonymous Coward · · Score: 0
      5 gig = 5120 meg
      5120 / 4 meg per song = 1280 dollars worth of music

      Not that you couldn't sell it more than once.

    2. Re:second hand market for digital music? by dmf415 · · Score: 2

      BOOOOOOOOOOOOOOOOO,
      If I buy one song, get sick of it, I want to sell it.
      Just like a car!

    3. Re:second hand market for digital music? by hamsterboy · · Score: 2, Funny

      Wow. We're all used to posters not Ring TFA, but you didn't even read the post.

      Hamster

    4. Re:second hand market for digital music? by Jason1729 · · Score: 1

      As of now, his post is rated +4. If the moderators won't even RTF summary, why should the posters?

    5. Re:second hand market for digital music? by Anonymous Coward · · Score: 0

      5GB? You n00b.

    6. Re:second hand market for digital music? by timts · · Score: 0

      you mean you have resale copyright over those 5 gig of music? wow, what band are you in?

  2. Yay! more DRM'ed goodness. Yay! by RLiegh · · Score: 5, Insightful

    Seriously, I would never pay for DRM-encrusted windows-only music files; and I don't get why it has taken off as much as it has.

    If you want my money, either give me unemcumbered files; or (if you're an online station) give me a large selection of music that I can pick and choose what individual songs are being streamed to me. Launchcast has a great selection; but if there's a way to pick and choose what you want to hear (instead of "well, you like the ramones, have some greenday") I'll be damned if I can figure out what it is.

    1. Re:Yay! more DRM'ed goodness. Yay! by Anonymous Coward · · Score: 0

      DRM-encrusted windows-only music files are pathetic ... in Japan

    2. Re:Yay! more DRM'ed goodness. Yay! by Anonymous Coward · · Score: 0

      I bought a lot of stuff from iTunes simply because it's so easy to get around the DRM.

      I stopped though, it got old.. it's just the same amount of effort to buy CDs and rip them, but the CD is, well, CD-quality and DRM-free.

    3. Re:Yay! more DRM'ed goodness. Yay! by The_K4 · · Score: 1

      DRM-encrusted windows-only music files

      You forgot the DRM-encrusted mac-only music files.

    4. Re:Yay! more DRM'ed goodness. Yay! by RLiegh · · Score: 1

      I stopped though, it got old.. it's just the same amount of effort to buy CDs and rip them, but the CD is, well, CD-quality and DRM-free.
      Is that "DRM-free" as in "free of DRM" or "DRM-free" as in "we aren't installing anything onto your hard drive, just into ram"?

    5. Re:Yay! more DRM'ed goodness. Yay! by Anonymous Coward · · Score: 0
      You forgot the DRM-encrusted mac-only music files.
      There aren't any of those.
    6. Re:Yay! more DRM'ed goodness. Yay! by LostCluster · · Score: 1, Informative

      It exists. It's Roxio's New Napster and Real's Rhapsody service. Both offer pay-per-month schemes that allow you to have unlimited playback access (on DRMed computers, of course) to all of the music they're allowed to give you. Any major artist that's not there is excluded because the artist or their label is holding out... $9.95 a month for either service.

      Real uses a streaming model, but Napster actually allows you to authorize three PCs, and cashe tracks on disk. Therefore, you can download music to a laptop and play on the go...

      This is too much like a sales pitch, so I might as well finish it with this link to napster.com :)

    7. Re:Yay! more DRM'ed goodness. Yay! by Fuzzle · · Score: 1

      Where can I get those?

    8. Re:Yay! more DRM'ed goodness. Yay! by Anonymous Coward · · Score: 0

      It sounds good, but can I listen to the songs on my MiniDisc player?

    9. Re:Yay! more DRM'ed goodness. Yay! by isomeme · · Score: 2, Informative

      Go with Rhapsody. All you can stream from a pretty huge library is around ten bucks a month. I do most of my music listening in my home office, so this is perfect for me. I barely use CDs anymore. It's especially nice being able to satisfy those weird urges to hear things you normally hate at no (incremental) cost whatsoever. (I'm not going to by an America CD just to satisfy my psychotic need to hear "Sister Golden Hair", but if I can have it streaming for free in a few seconds...)

      --
      When all you have is a hammer, everything looks like a skull.
  3. Hit me baby... one more time by Bouncing+Castle · · Score: 0, Flamebait

    Fantastic! one more place to download spears and timberlake... Can hardly wait...

  4. What they should do by mfh · · Score: 5, Insightful

    Here's what Ebay should do: take mp3.com's formula for indy music and tweak it; auction off download rates for each artist by the number of songs sold, and start with $0 per song, then start slowly charging more and more until the song reaches a cap of say $1.50 USD that goes directly to the artist. Calculate the popularity of the song by the number of purchases, and raise/lower the cost for the audience. This would be a really good model to make money. I would likely forget about selling RIAA titles because they all sound the same to me, per genre. Indy music is the way to go for me.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:What they should do by Anonymous Coward · · Score: 1, Informative

      You think indie doesn't have anything to do with the RIAA? - Think again. Many many indie labels are owned by not-so-indie labels (like Sony, for example) which of course are active members of the RIAA.

    2. Re:What they should do by chimpo13 · · Score: 4, Informative

      Ah yes, the mp3 formula of collecting money for you, that they won't send out. And occasionally changing the amount owed without explanation.

      Then when enough people bitch about it, start charging money for an email response. Say, the emails I have where they wanted more of my money to answer why they haven't paid me yet. I didn't pay the money so I never got an answer. But I sure am glad I helped mp3 make money.

    3. Re:What they should do by GeorgeH · · Score: 4, Informative

      You can figure out who is and isn't owned by an RIAA member using the RIAA Radar

      --
      Why can't I moderate something "Wrong" or at least "Grossly Misinformed"?
    4. Re:What they should do by Simonetta · · Score: 5, Interesting

      I agree. eBay is an auction service. If they are going to sell music then they should do it at the price that people want to pay, instead of a fixed fantasy price from the RIAA companies.

      I buy and sell equipment and 'things' on eBay. I'm toying with the idea of offering some of the specialized wire-wound specialized electronic prototypes that I have been able to get working.
      When I want music that I haven't heard before, I check audio CDs out from the library. When I want a specific song, I use KazaaLite to get it from one of millions of people who are sharing billions of files. I don't have any need for music download services that charge large amounts of money for audio data in restricted and semi-encrypted formats. The only way that the music sellers can compete with Kazaa is to be better than Kazaa. Nothing else is going to work.

      Actually eBay should sell movie tickets by auction. Say the $250 million blockbuster ShitheadMan II will be released this friday. The local theatre can auction tickets for the first show that might go up to $30-$40 a seat. However a Wednesday evening showing of Return of Bozo III that was released a month ago might only bring an auction price of $1.35. Still is better than an projecting a film to an empty seat.

      Finding and buying specialized things on EBay seems to be just an American phenomenon. I can't see something like this in Germany, where it's still illegal to have stores open on Sunday or for individual stores to have sales on overstocked items. It seems that law was passed in the late 1930's because storeowners of a certain group where liquidating their merchandise at reduced prices in order to leave the country before being liquidated themselves. This was considered an affront to good German shopkeepers who never had sales so laws were passed making it illegal to reduce the price of an item unless all the local shopkeepers reduced the price of the item at the same time. After the war, the laws remained to promote 'order' and remain in effect to this day.
      Can you imagine eBay taking off in such an environment? I often feel sorry for the Germans (I'm not Jewish, otherwise I wouldn't), they think that they're so free, and yet they have all these insane laws that prove otherwise. Generally the USA is the best place to buy things because they have the widest selections, the best prices, and honest merchants who are seriously interested in making it easy for to actually buy what you want. And Oregon is the best place to buy stuff in the USA because there is no sales tax. No VAT, No GST/PST, no nothing. You buy something that costs $99.95, give the clerk a hundred dollars, and get back a 5 cent coin with polite 'Thank You, Have A Nice Day'. Try doing that anywhere else in the civilized world!

    5. Re:What they should do by BlueCup · · Score: 1

      That's not a bad idea at all. The only thing question/critique I have is, would a portion of the $1.50 (say, 20 cents, or 30% of whatever that track is currently going for) go to the owner of the site/company? If so, I'd say it's got a chance of being successful, if not, I think the bandwidth would gnaw them away.

      what do you think?

      --
      WANNAWIKI Wannawiki WannaWiki WANNAWIKI!
    6. Re:What they should do by Anonymous Coward · · Score: 0

      FYI, eBay Germany is proving to be one of the most profitable sites among all eBay sites.

    7. Re:What they should do by Anonymous Coward · · Score: 0

      Let's hear it for the USA, where you are free to buy what you want.

    8. Re:What they should do by SillyNickName4me · · Score: 1

      Last time I checked ebay.de was doing quite well.. Paypal just seems to have added local services there also..

      So despite those laws, it seems that ebay isn't suffering that badly ;P

      On the other hand.. there is a bit of truth in the sentiment of your message from what I experience (spending about a quarter of my time in Germany, my girlfriend lives in Berlin).

      There is quite a bit lacking with regards to freedom there, but it is very funny to hear someone proclaim the ultimate freedom of the USA where it often comes down to being free to choose between following the line of his oil majesty Bush or being a traitor. (and yeah, I know there are a lot of you Americans out there who are a lot more open minded then that, just pointing out there is soemthing wrong with freedom in most places.. or actually... different societies make slightly different compromises to freedom in order to make their society work at all)

      > I often feel sorry for the Germans (I'm not Jewish, otherwise I wouldn't),

      No need for that, feeling sorry won't help anybody. I also wonder what not being jewish has to do with this. I come from a country that was invaded by the nazis, my granddad has spent the last year of the war in a camp (and returned), my family lost basicly everythign when their house got bombed out.. what does it all matter now?

      The people living there are for a large part not involved in any way with all that, nor am I and are most people who are alive now. Lets learn from what happened, but lets also try to put an end to it doing damage still.

      > You buy something that costs $99.95, give the clerk a hundred dollars, and get back a 5 cent coin with polite 'Thank You, Have A Nice Day'. Try doing that anywhere else in the civilized world!

      Uh?

      Last time I was there it was a lot more like.. thats 99,95 + 9,95 sales tax, but if you would be so kind to return this form, you will get a $20 rebate..

    9. Re:What they should do by Anonymous Coward · · Score: 0

      Right. And the Free Market Fairy lives right next to Santa Claus in your dreams. In your dreams.

    10. Re:What they should do by Anonymous Coward · · Score: 0

      magnatune.com is better than kazaa, at least for the limited number of artists they carry. Free decent quality streaming mp3s of entire albums, then if you pony up some cash ($5 - $18 per album, you decide, $8 recommended), you can download wav files to burn, or a variety of compressed formats including ogg and mp3.

      If the big labels would do something along these lines they wouldn't have to be so concerned about what they call 'piracy'. It might also generate 'good will', something I think the RIAA seriously underestimates the value of.

    11. Re:What they should do by JCOTTON · · Score: 0

      auction off download rates for each artist by the number of songs sold...
      Really? I thought that the point of an auction was to balance the supply and demand of an item or items. But with electronic files, there is always fininte demand, but unlimited supply. Thus, the price of any song should drop to nearly zero, very fast.

      COBOL COBOL COBOL COBOL

    12. Re:What they should do by Tom+Courtenay · · Score: 1

      RIAA Radar doesn't take into account distribution deals with major record labels. If you want to "stay indie" for example, you need to steer clear of labels like Sub Pop because of their distribution deal through Universal. I have yet to see evidence that distribution deals don't channel money into the RIAA's coffers.

      --
      If you could be anything you want, I'll bet you'd be disappointed.
  5. Par for the course by MunchMunch · · Score: 5, Interesting
    eBay has already shown that they don't really care about preserving consumer's physical rights to resell in the digital world.

    I find this more than a little hypocritical, since the entire concept of eBay is about reselling physical goods. In an entirely digital world, eBay's own policies would preclude it from selling anything.

    1. Re:Par for the course by aka-ed · · Score: 1
      In the digital world, there is no "thing" to sell. All one can sell is duplication rights.

      "Consumers," by definition, don't own those.

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
    2. Re:Par for the course by redJag · · Score: 1

      Wait.. this isn't an entirely digital world?? *head asplodes*

    3. Re:Par for the course by GeorgeH · · Score: 1

      So when you "buy" a CD (AKA a digital "thing") you don't own it? And you can't resell it to a used CD store?

      Also DRM could be considered to convey thingness to a file by preventing it from being copied.

      --
      Why can't I moderate something "Wrong" or at least "Grossly Misinformed"?
    4. Re:Par for the course by TheGavster · · Score: 1

      Except that it isn't trivially easy to make a copy of my car/golf club/swiss cheese after grabbing an encryption key from somewhere ...

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    5. Re:Par for the course by geighaus · · Score: 1

      Their Terms Of Service explicitly states that you cannot sell non-physical goods using their service. So basically all those gmail invitations on eBay violate their TOS, but I guess they just cannot be bothered to remove all those auctions.

    6. Re:Par for the course by joeljkp · · Score: 1

      Consumers do own duplication rights. They don't own distribution rights.

      --
      WeRelate.org - wiki-based genealogy
    7. Re:Par for the course by aka-ed · · Score: 1
      Remember the phrase "in the digital world," upthread? The CD is not a digital object, it is physical.

      The bits on the disk can't legally be sold without the physical transfer of the CD.

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
    8. Re:Par for the course by aka-ed · · Score: 1
      What I meant to convey is that, in a digital Seller/Consumer relationship, the only thing the Seller can provide to the consumer is duplication rights (the right to copy the seller's property, the right to "copy" the digital object into the computing device that fulfils its intended purpose, the right to a backup copy).

      It follows that a "consumer," in the normal course of things, has no right to transfer these limited duplication rights.

      I obviously misphrased my point. Without a right to duplicate, the consumer can't even receive his digital purchase.

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
  6. Been there, Done That... by Anonymous Coward · · Score: 2, Interesting

    We've been using a service that has supported this funstionality for some time. They've already processed several thousand auctions for digital goods. They just want us to include a copyright statement in our auction listing to not conflict with the eBay downloadable media policy.

    It is pretty interesting to look at how a place like eBay, usually for one-off items, can work for goods with unlimited availability lke digital goods. I hope it works out.

  7. Format? by sockonafish · · Score: 3, Interesting

    I checked out the site (accessible at music.listings.ebay.com) and couldn't figure out what format the files come in. Anyone want to buy a song and find out?

    1. Re:Format? by aka-ed · · Score: 1
      I don't get it. They TELL you you can get it for free at download.com in their ad.

      here. It's an mp3.

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
  8. Giddy Up!! by isoprophlex · · Score: 0

    It's jump on the bandwagon time, welcome eBay, welcome!

  9. Looks like it's time to dump eBay stock. by payote · · Score: 4, Interesting

    If this is their best idea for how to grow the business, I'm worried. iTunes Music Store had a 'small profit' last quarter - but it really exists to sell iPods - what equivalent business model does eBay intend to use, or for that matter , what better model do they intend to use?

    --


    Never pet a burning dog.
    1. Re:Looks like it's time to dump eBay stock. by Neil+Blender · · Score: 1

      iTunes Music Store had a 'small profit' last quarter

      And they had to sell 100,000,000 songs to get it.

    2. Re:Looks like it's time to dump eBay stock. by Anonymous Coward · · Score: 1, Informative
      RTFA

      "But eBay's market entry isn't seen as a threat to Apple, Sony, Roxio, which owns the Napster service, or other companies that sell music online. "I see it as a revenue stream for eBay, and not something that's transformational for the industry," said Gartner analyst Martin Reynolds, adding that he would expect music downloading to be a "relatively small percentage" of eBay's business.

    3. Re:Looks like it's time to dump eBay stock. by shark72 · · Score: 1

      "If this is their best idea for how to grow the business, I'm worried. iTunes Music Store had a 'small profit' last quarter - but it really exists to sell iPods - what equivalent business model does eBay intend to use, or for that matter , what better model do they intend to use?"

      Steve Jobs' statements bout iTMS profitability has confused a lot of people, particularly those who haven't been directly involved in starting a business.

      It's extremely common for startup businesses to operate at little or no profit at launch. This applies in the low-tech world, as well. A friend recently opened a coffee shop. It was lean going for a few months; she hadn't built a customer base and she was spending more in advertising than she was making back in sales. This is similar to the iTMS ramp-up. She's now doing fine.

      That iTMS is profitable after just a year or so is actually pretty good news.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:Looks like it's time to dump eBay stock. by iamacat · · Score: 1

      Something wildly popular usually manages to make money somehow - unless the owners are either too dumb or making profit is not their first priority. Next time Sony re-negotaites a contract with iTMS, it may find that half of their customers search for a song on that particular music service and just buy something else if they don't see it. All of a sudden, Apple gets to keep more of that $0.99. 2005) Profit!!!

  10. Non-traditional sales by unboring · · Score: 2, Insightful
    What's interesting to see is that eBay is moving away from "traditional" items and auctions. Now that they're into "Digital Downloads". This promises to be a big headache to maintain though, with eBay already facing so many phishing and spoofing attacks. Do they really want to deal with DRM, RIAA and enforcing legitimate music sales?

    Another way of looking at this is that now if I'm a music seller, but want to also buy some music, I'll need to register for another accounts. This is sure to boost the number of registered site users (>100 million IIRC), and will keep the marketing drones happy!

  11. rare and out of print? by Anonymous Coward · · Score: 3, Interesting

    I'm wondering if someone will be able to sell high quality rips of some of the rare and out of print material from some lesser known artists and independent labels. I have an addiction to some genres that were never popular in the world, and all but unheard of in my country. Obtaining some artists in nigh impossible, or decent quality since the cd runs were so small, and in some cases only a few vinyl were pressed.

    It would be very cool if someone could get rights to resell some of that. I don't really care about the most of the pop stuff. But if only someone could put out the rare stuff. It would be great.

    And completely off-topic, Ministry has released a decent (pretty damn good) followup to their New World Order CD from when Bush Sr. was in office, called Houses of the Mole. Heard it. def. worth checking out.

  12. Good for independent artists by unboring · · Score: 4, Insightful

    This would be a great way for independent musicians to sell their music directly to their fans, without giving a "slice of the pie" to the RIAA. At least now, they can be assured of getting a majority of the sale proceeds.

    1. Re:Good for independent artists by WindBourne · · Score: 1

      If E-Bay was smart, that would be the exact market that they would persue. Create a small package designed to help Artists rool their own albums and then push the sales.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    2. Re:Good for independent artists by Brianwa · · Score: 1

      As far as I know, independant artists can sell their music through all the normal normal music services, how would EBay give them a greater advantage?

  13. huh? why dump the stock? by microcars · · Score: 2, Informative
    ...what equivalent business model does eBay intend to use,

    how about the same one that has worked for them all this time:
    Charge for listing an item
    Charge again if it sells

    --
    I like microcars
    1. Re:huh? why dump the stock? by payote · · Score: 0

      If that's the model, then I guess it's OK, since they won't 'lose' any money. But I wonder how much of a market there can be for a non-dedicated service like this, selling multiple parties music with zero promotion or marketing. eBay is not a 'department store' like amazon - it's more of a 'garage sale' or maybe a 'swap meet' (and DRM'd music isn't exactly like stolen cassette tapes or CDs)* *anyone who's ever been to the Rose Bowl Swap Meet knows what I'm talking about.

      --


      Never pet a burning dog.
    2. Re:huh? why dump the stock? by wmspringer · · Score: 1

      Does it matter?

      Even if it only makes enough to cover their costs, they've still given people yet another reason to come there, making it basically free advertising.

  14. FUD by Anonymous Coward · · Score: 0

    > Ah yes, the mp3 formula of collecting money for you, that they won't send out.

    This is total FUD.

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

      He's just bitter because he's been advertising that band for as long as I can remember and *still* can't get a gig.

    2. Re:FUD by chimpo13 · · Score: 2, Informative

      I'm guessing you work there. mp3.com owes my band about $60-80 for cds and songs played. Not a lot, but enough to be annoying.

      My first email said, "you keep changing how much you owe us, and when will you pay us" and got a response that said "we'll answer in 7-10 business days". I replied to that email once a month. Then I'd get the same 7-10 email which I'd respond to the next month. That went on for a year or a bit longer. Then they started answering, "You need to upgrade your mp3 account to get an answer".

      Weasels.

    3. Re:FUD by joeljkp · · Score: 1

      Contact your state Attorney General. Palm wouldn't send me a rebate check one time, so I e-mailed my AG and they jumped on it for me. Took a while, but Palm ended up sending me a bunch of free merchandise.

      --
      WeRelate.org - wiki-based genealogy
  15. I should have applied for a job... by jlleblanc · · Score: 3, Interesting

    A year ago, we had to do a case study on eBay for a business class. I jumped all over it and told my team that we would suggest independent music sales, due to the fact that eBay already owns the transaction processing services necessary for small payments. Then we could create stores where the bands could sell their swag, etc... avoiding a duplicate of iTunes and other downloadable music services.

    Well, at least we got a good grade for the project.

    -Joe

    1. Re:I should have applied for a job... by Alsee · · Score: 1

      What a coincidence! Your teacher received a big fat check from e-Bay just three months ago! Freaky.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:I should have applied for a job... by jlleblanc · · Score: 1

      That's ok, he's underpaid anyway.

      -Joe

  16. Wait for RIAA response by jemenake · · Score: 2

    What I'm interested to see is if eBay will eventually allow for the sale of downloadable music that is recorded and released without the involvement of record companies. In other words, what if eBay opens the door to taking the record companies out of the loop between the artist and the listener.

    In all likelyhood, the RIAA will crap golden twinkies and try to find some legal means to make ebay sorry they went down this road.

    1. Re:Wait for RIAA response by sulli · · Score: 2, Informative

      Any unsigned artist can sell his/her music however he likes. See CD Baby for but one example of indie music available for sale and purchase.

      --

      sulli
      RTFJ.
  17. Logical impossibility by Weaselmancer · · Score: 2, Insightful

    They're running a six-month test offering downloadable music through authorized sellers, who would have to 'ensure copyright protection for the content and meet service-level agreements.'

    Well, since foolproof DRM is an impossibility...I take that to mean that they have no music for sale.

    Also of note, 'music buyers won't be allowed to resell the files on eBay.'

    ...because they wouldn't be able to sell any in the first place under their DRM terms. QED. ;^)

    --
    Weaselmancer
    rediculous.
    1. Re:Logical impossibility by Alsee · · Score: 1

      "ensure copyright protection for the content"

      Well, since foolproof DRM is an impossibility...I take that to mean that they have no music for sale.


      No no! You see they are not imposing Digital Restrictions Management systems on customers, they are only asking for copyright protection! And by law all works automatically get full copyright protection from the moment of creation! So what it really means is that they are FINALLY going to start selling DRM-free MP3 files!

      Yahoo! I can finally start buying legal downloads! I have to admit I'm part of the reason RIAA has been making less money, I haven't been interested in buying the crippled products they've been offering.

      P.S.
      Just in case anyone missed the obvious, I was sarcasticly pointing out that the RIAA is NOT asking for copyright protection. That they are absuing their cartel to impose restriction systems that go way beyond copyrights.


      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:Logical impossibility by Weaselmancer · · Score: 1

      No no! You see they are not imposing Digital Restrictions Management systems on customers, they are only asking for copyright protection! And by law all works automatically get full copyright protection from the moment of creation! So what it really means is that they are FINALLY going to start selling DRM-free MP3 files!

      Ah! I see it now! I'll admit, I was in a bit of a pessimistic mood when I read the original article.

      So, what they're asking for is yet another assurance that copyright will remain intact. The existing law isn't clear enough. I gotcha. Kind of like saying the speed limit around here is 65, and oh yeah, that also means you can't go 75 either. I see it. Plain as day.

      See, with all those expensive lawyers the RIAA likes to throw around, sometimes the subelties are lost on an average Joe like me.

      PS: I'll contribute a little sarcasm to the pot, too. =) Isn't it crazy how panicky even larger businesses get when music rights get involved? "If anything goes wrong it's NOT our fault!" In times gone past, only the mafia could shake up businesses like that.

      --
      Weaselmancer
      rediculous.
  18. This is Crap by teamhasnoi · · Score: 5, Insightful
    First of all - if it is a digital download, shouldn't it be a Dutch Auction (with infinite 'items'). 2nd - Why is there 6+ days to go? A download sale depends on impulse, not the best deal. I can go to iTunes and preview, buy, and listen in the space of a couple of minutes for the same price as this one 6+days from now.

    3rd - "sellers chosen for the pilot have to ensure copyright protection for the content and meet service-level agreements." If I wrote it, it's got copyright protection. That's what copyright does - protects my work when I create it. Or are they talking about some DRM scheme? It's not clear.

    4th- If DRM is required, how does it get put on? Will someone send me a Windows-Only exe to screw with my track? Do I have to send a wav somewhere? Again not clear.

    Ebay. Stick with what you do. Leave the failing at a Digital Music Store to everyone else.

    1. Re:This is Crap by greymond · · Score: 1

      I think they have a HUGE amount of flaws in their system, but I think the sellers chosen for the pilot have to ensure copyright protection for the content and meet service-level agreements.is more of them saying "Sellers chosen can sell other peoples (like Snoop Dogs) shit"

    2. Re:This is Crap by appleprophet · · Score: 1

      Ebay supports dutch auctions and has a "buy it now" feature.

  19. Uphill Battle by ZeroGee · · Score: 3, Insightful

    This will be an uphill battle. I-tunes is the dominant e-music source due to the interoperability with the Ipods. The Ipods truly are the "Sony Walkmans" of the 21st century -- their interface is great, and I dare any detractors to try it for a week first before disparaging it. The fact that the Ipods tie in so closely with I-tunes is the reason why I-tunes is successful -- not the other way around. Simply branding a music store "E-Bay" without hardware to back it up will fail miserably, unless their DRM was far more favorable than Apple's (i.e. can burn it unlimited times).

    1. Re:Uphill Battle by Llywelyn · · Score: 1

      You can burn AAC files encoded with FairPlay an unlimited number of times.

      --
      Integrate Keynote and LaTeX
  20. Resale of 'license to listen' by nurb432 · · Score: 3, Interesting

    That would be a concept..

    Since you cant buy and sell content.. Sell 'listening tokens' .. YOu pay to have the right to listen to 10 songs, you choose what you want. When you want new songs, you 'recycle' your tokens..

    --
    ---- Booth was a patriot ----
    1. Re:Resale of 'license to listen' by erick99 · · Score: 2, Interesting
      That's a pretty interesting idea. That is the model that NetFlix uses and I assume whomever needs to be paid royalties or whatever for the tapes/DVDs is getting paid. So, why not do that for music? I wouldn't mind turning over 100 songs or so every few weeks. Well, anyway, it's food for thought.

      Erick

      --
      http://www.busyweather.com/
    2. Re:Resale of 'license to listen' by ashkar · · Score: 1

      If this was done electronically, there would have to be a limit to how often you could 'recycle'. Otherwise, just buy one token and recycle it at the end of listening to every song.

    3. Re:Resale of 'license to listen' by cpt+kangarooski · · Score: 1

      It's illegal to rent music and computer software (other than console games) without permission of the copyright holder. Guess who probably wouldn't be stupid enough to give permission for it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    4. Re:Resale of 'license to listen' by tepples · · Score: 1

      Otherwise, just buy one token and recycle it at the end of listening to every song.

      You mean streaming, right? Isn't that Napster.com's business model?

  21. Sigh. Get it for free. by teamhasnoi · · Score: 2, Insightful
    Um. Great business plan.

    Isn't this like what SCO does? Tries to sell something that is given away somewhere else?

  22. Slightly OT: Regarding "resales" by NotQuiteReal · · Score: 3, Interesting
    Ok, so part of this new deal is buyers can't resell what they bought. I assume the original license would handle that.

    One thing I have noticed on eBay, however, is that people DO resell physical CDs. So my question is how does the "fair use" of copyright come into play here. Assumming Joe Seller has copied the CD, under fair use, can he keep his copy when he sells the original?

    What If someone steals my physical CD but I still have my high-quality MP3 on my player? Did my right to the MP3 get stolen too?

    etc. Discuss amongst yourselves.

    --
    This issue is a bit more complicated than you think.
    1. Re:Slightly OT: Regarding "resales" by Eric+Smith · · Score: 1
      Ok, so part of this new deal is buyers can't resell what they bought. I assume the original license would handle that.
      Maybe. Did you sign a license agreement when you bought the song?

      I find restrictions on resale to be very obnoxious, and will avoid buying music that has such restrictions. By law (in the U.S.), if I buy a CD (or DVD, or book, etc.), I am allowed to resell it. Copyright law does not give the copyright holder the right to restrict or suppress the secondary market. This is known as the "first sale doctrine".

      When I buy a CD or DVD, I am not signing a license agreement, or even agreeing to one via "shrink-wrap" or "click-wrap". I have purchased the physical medium, and a substantial set of legal rights to use, lend, or sell that medium.

      Despite the supposed convenience of buying music online, I find it to have substantially less value than I get when buying a CD. I wind up being subject to a restrictive license, and the quality of the music sometimes suffers as a result of compression. Yet I am typically expected to pay as much or more money.

      Vote with your wallet.

      I should note that there are some musicians, bands, and even publishers that recognize that they can make money online without resulting to the typical draconian tactics of the RIAA cabal. It's my understanding that Magnatune "gets it". I haven't bought any music from them yet, but I think I'll give it a try.

    2. Re:Slightly OT: Regarding "resales" by kesuki · · Score: 1

      Ok, so part of this new deal is buyers can't resell what they bought. I assume the original license would handle that.

      You aren't 'buying' the music, you're 'buying' a license to download and listen to it. All music is owned by the RIAA It is illegal in these united states for an individual to own music, unless he or she wrote it, in which case it's just a matter of time before they hunt you down for 'infringing' on the copyrights of another existing song.

      One thing I have noticed on eBay, however, is that people DO resell physical CDs. So my question is how does the "fair use" of copyright come into play here. Assumming Joe Seller has copied the CD, under fair use?

      Reselling physical Cds is illegal, you purchaces a license to playback the audio on a personal audio device. That license is Non-transferable, 'selling' a used CD is a Violation of US law, punishable by up to a $25,000 fine per incendent.

      What If someone steals my physical CD but I still have my high-quality MP3 on my player? Did my right to the MP3 get stolen too?

      You don't have a right to transfer the audio file from the CD to your portable mp3 player, however, the companies selling such hardware players are not financially responsible for enabling your violation of US law. So, the mp3 file you made is just as illegal to playback before your CD was stolen as afterwards.

      Keep in mind I am following the LETTER of the US law in these statments. Currently no court has validated the Letter of the law in the above circumstance, nor have they been refuted by court order.

      The only legal sources of digital music ciurrently are itunes, sony and the new napster. and again, you are only purchacing a license to playback and in some cases make a copy to a secure portable music device for on the go Personal listening. Playing these songs where the general public may hear (and can hear) is a violation of us, and in some cases local law.

    3. Re:Slightly OT: Regarding "resales" by cpt+kangarooski · · Score: 1

      Fair use has nothing to do with selling copies of works that are lawfully made under US law, i.e. original copies.

      That falls under First Sale, which is at 17 USC 109. Basically you can sell, rent, lease, lend, etc. any lawfully made copy as much as you like, provided you bought it. There are some exceptions -- you can't rent music or computer software, but you can sell it if you own it. No special licenses or anything are required.

      Your question is whether you can keep a copy you've made after selling the original.

      To make a copy involves the reproduction right, which is exclusive to the copyright holder per 17 USC 106. So you cannot make a copy to begin with.

      N.B. that when you rip music, you make a copy. When you PLAY music on a computer, a copy is made in the computer's RAM. (see MAI v. Peak).

      You can make copies if there is an applicable statutory exemption. 17 USC 117 sometimes applies to computer software. 17 USC 1008 sometimes applies to sound recordings (when reading 1008, it is crucial to read 1001, which has special counter-intuitive definitions for some of the terms used in 1008).

      If none of those apply, you can try to invoke fair use. But that requires that the use be fair -- there is a test for that in the statute, 17 USC 107.

      If you own a lawfully made copy it is fairly likely fair use to make a copy of it, but do bear in mind that it depends on the outcome of the fair use test given your circumstances; you cannot make a blanket statement as to what is or is not fair use. Anything might be, or might not be, depending on circumstances.

      So if you make a copy and it is within an exemption or is made as a fair use, and you sell the original, you're still a-ok. Copies of copies AFTER that -- such as if you played on a computer music you ripped and no longer owned an original copy of -- is a different story, and would itself have to fall within an exception or fair use. And since the circumstances are different, fair use might come out differently.

      Personally, I would suggest making copies that are allowed per 17 USC 1008. This does not include copies ripped to computer, but does include copies burned to Audio CDR. (as opposed to the more common, cheaper, data CDRs)

      But this only works for some sorts of sound recordings, and you can't do this for commercial purposes.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    4. Re:Slightly OT: Regarding "resales" by Anonymous Coward · · Score: 0

      NO ONE owns music.

      DAMN! Better get a patent application in right away, so I can claim the royalties. Good thing there's no prior art.

    5. Re:Slightly OT: Regarding "resales" by Anonymous Coward · · Score: 0

      Surprisingly enough not all law pertaining to music copyright etc was written in 1909... some of it was writen in say the 2002 Satelite telecommunications Act. Which despite being a law about satelite communication networks had numeruous rider bills attached to it, in fact, many of which seek to extend copyright law, and the power of the copyright holders.

      CD's are sold with an End user License agreement, the enforcment of which is currently in some question, however, the music labels were strongly attempting to get Digitial Music recognized as being protected under laws that already apply to digital software. Which would make breaking encryption routines, in an effort to make previously legal backup copies in essence a violation of US law.

      you can go pretend like no new laws are ever passed. you can stick your head in the sand and beleive this nation, where a suspected terrorist can be held without being allowed to contact anyone and without being told what charges, if any they're being held under, for an indefinite period of time... still stands for freedom... but the truth is america stands for power, and not freedom now. The power of the government, the power of the corperation... the individual has only the right to vote for a puppet leader, the only difference between the choices is how they'll be defict spending this nation into ruin. freedom and democracy my ass... Welcome to 1984. We have the thought police now, they're called the department of homeland security. if you think the wrong things, they can swoop down out of black vans or helecoptors and carry you away to some prison where noone will ever hear from you again.

    6. Re:Slightly OT: Regarding "resales" by cpt+kangarooski · · Score: 1

      Surprisingly enough not all law pertaining to music copyright etc was written in 1909

      That's true -- for example, the last major revision to copyright law was in 1976.

      some of it was writen in say the 2002 Satelite telecommunications Act. Which despite being a law about satelite communication networks had numeruous rider bills attached to it, in fact, many of which seek to extend copyright law, and the power of the copyright holders.

      None of which you cite here for the edification of the /. crowd. It'd be nice if you would. Especially if you would cite to the new sections of the law, rather than mere bills, which are not as easy to read in context because most laws are rather like diffs.

      By the way, is this year's fashion plain silver aluminum foil, or are colors in style? I ask because I think you'd look better with a blue foil hat.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  23. I don't want to bid on music by amichalo · · Score: 2, Interesting

    Maybe it's just me, but I don't like the 'auction' concept for small purchases. My time is worth way more than the few cents difference and if the provider could be different from song to song, that really makes me run the other way screeming.

    The savings would be so miniscule that they out weigh having to manage (1) unexpected pricing, (2) compare/work with multiple vendors.

    For a large purchase or one of a kind item, sure eBay is the eWay, but for this, I give it the thumbd down.

    --
    I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
  24. One word..... by divesnob · · Score: 1

    Rhapsody. Gives you what you need. Plus the custom radio stations that you can setup are nice.

    1. Re:One word..... by RLiegh · · Score: 1

      Isn't Rhapsody from Real? I still have nightmares from my brief stint of using RealOne.

    2. Re:One word..... by isomeme · · Score: 1

      It appears to come in two flavors, Listen and Real. I have the Listen version and have had no Real-esque nightmares, which I definitely got from RealOne (and every other piece of Real software I've ever tried to use).

      --
      When all you have is a hammer, everything looks like a skull.
  25. CDGoRound has already made music a commodity by Anonymous Coward · · Score: 0

    CDGoRound.com had done a good job of making music and movies into commodities. I've been trading there for a while, and can't say enough good stuff about it.

  26. Re:Everyone and their mother by mdvlspwn99 · · Score: 1

    You mean, like a monopoly? Hmm...is it ok as long as it's not Microsoft?

    --
    If reality was like Slashdot, most people would be (-1) Redundant.
  27. This is all really very straightforward... by mbessey · · Score: 3, Insightful

    "Assuming Joe Seller has copied the CD, under fair use, can he keep his copy when he sells the original?"

    No. Copyright law allows you to make copies *of recordings you own* for your own use. If you sell the original, then by definition, you don't own it any more, and therefore have no right to create or keep copies of it.

    "What If someone steals my physical CD but I still have my high-quality MP3 on my player? Did my right to the MP3 get stolen too?"

    No, again. You still "own" that CD, even if it's not still in your possession. That's what makes the copy the thief has "stolen". So, you still have a right to create and keep copies of the CD. Now, being able to prove that you have the right to that copy is going to be pretty hard if you don't have any evidence that you bought the CD.

    -Mark

    1. Re:This is all really very straightforward... by cpt+kangarooski · · Score: 1

      Copyright law allows you to make copies *of recordings you own* for your own use.

      Bzt. Wrong. That's a blanket statement that is untrue. Neither 17 USC 107 nor 1008 says that, nor does any other part of the law. Both statutes limit what you can reproduce, and neither requires that you own the original copy.

      If you sell the original, then by definition, you don't own it any more, and therefore have no right to create or keep copies of it.

      Bzt. Wrong. Copyright does not include any right of the copyright holder to control who can KEEP copies of things. If you lawfully make a copy of something, you can keep it even if you no longer have the original, UNLESS the law under which you made the copies requires otherwise and you have no other law to point to. For example 17 USC 117 computer software backups must be destroyed or transferred with the original -- unless of course you could successfully show that you made them under fair use or something.

      However, 117 is the only one of its kind I know of. Copies made under 107 or 1008 are subject to no such restriction.

      You're also wrong in that you generally don't have an absolute right to reproduce copies due to ownership of an original copy, so you don't lose that when you sell the original copy; you never had that right. Only various exemptions can confer it, and again, those don't hinge on ownership of the original. You can make as many 1008 copies as you like, provided you're within 1008, regardless of who owns the original. Even copies of copies are okay if within that statute.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:This is all really very straightforward... by randalx · · Score: 0

      This is why the laws we have based on physical goods just do not make any sense with digital goods. All this DRM crap is just trying to create an artificial scarcity that naturally occurs with physical goods but does not apply to data.

      RIAA, listen to me. Your world is over!

  28. How much!!! by _ph1ux_ · · Score: 3, Funny

    NEW BACK STREET BOYS SINGLE

    Current bid: US $0.00 (Reserve not met)
    Time left: 9 mins 19 secs
    7-day listing
    History: 0 bids (US $5.00 starting bid)
    High bidder: -

    The trash some people try to sell.....

  29. Ebay and expansion by gwoodrow · · Score: 0

    So ebay is expanding into markets that may not necessarily fit with its original game plan (which is essentially "Hey - let's take a yardsale and put it online!).

    I think ebay - despite it's size - will eventually be absorbed by a larger portal. Google anyone? I mean, they already have similar logos and colors - it's only a matter of time. :)

    Actually, I'm surprised Ebay didn't start something like this sooner. I think they'll be expanding further into an auction-style market where sections get further divided by grade, or at least by basic "new" or "used." The digital music thing is just the first step to - IMHO - a larger expansion.

    1. Re:Ebay and expansion by alex_ware · · Score: 1

      Google + ebay = Goobay :-S
      If google took over ebay then essentially you'd just see a tab on the search bar that says ebay BUT look at froogle(closest google search to ebay) and ebay side by side and you start to see the differences:
      1: ebay slow - froogle fast
      2: ebays charges sellers for featured listing - froogle uses AdWords
      3: ebay lists items ending first - froogle does it using google magic (I dont know how)
      4: ebay cluttered - google proffessional

      But ebay is growing a lot and it probably wouldn't be taken over by google.

      (They'd hire an ebay employeee ;-) )

      --
      If you have nothing useful to say post as AC.
  30. You know who has even more than you? by Atario · · Score: 0

    And the legal right to sell, too?

    These guys. Remember them, faithful Slashdot readers?

    Time to jump on this and clean up, comrades.

    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
    1. Re:You know who has even more than you? by cpt+kangarooski · · Score: 1

      The problem is that you -- assuming you're in the US -- have no right to reproduce copies of music you buy from allofmp3. And reproduction occurs when you, e.g. download music to your RAM or hard drive.

      allofmp3 might be great, but Americans just cannot use it legally here since our laws apply to what goes on in our borders, and whatever they're selling, they're not selling in accordance with US law.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:You know who has even more than you? by Blondie-Wan · · Score: 1

      But is that the case? I mean, they can't sell in the US, but they're not - they're selling in Russia. If the transaction takes place on their servers, aren't you just downloading to your RAM or hard drive music that you legally purchased in another country, for the intents and purposes of the law?

    3. Re:You know who has even more than you? by Anonymous Coward · · Score: 0

      Yep. But the illegal part is the part where you copy it to your RAM or hard drive. You can own it, you just can't copy it.

    4. Re:You know who has even more than you? by Blondie-Wan · · Score: 1

      Ok, but that just raises new questions. How does one "own" a digital file without containing it in RAM or on a disk? Also, if that's the case (i.e., that you can't copy it), wouldn't that apply to music purchased via more conventional means (e.g., on CD, from a store), and if not, why not?

    5. Re:You know who has even more than you? by perlchild · · Score: 1

      IANAL, but my understanding of copyright law was that you didn't own the file, but a copy of the file(ownership of the container versus the content). The problem being when you actually try to transfer ownership(take it from my computer, and bring it to yours), partly because of issues with destroying my copy.

      If Ebay does do this, it's certainly a loss for consumers, we certainly should NOT be more restricted with online copies of music than we are with a CD we no longer want, especially in countries(like Canada) where we pay a premium on blank media because the definition of "fair use" is a little bit more stretchy.

      Right now it's not an issue, but Ebay being a very large trading community for a lot of types of items, their rules tend to trickle down the road in unexpected ways. It wouldn't surprise me that enterprising politicians, looking for soundbites, wouldn't be inspired by restrictions in there, and if not stopped by the public, turning them into more restrictive interpretations of fair use. It's no immediate threat, by any stretch of the imagination, but it's certainly a concern.

    6. Re:You know who has even more than you? by Blondie-Wan · · Score: 1
      IANAL, but my understanding of copyright law was that you didn't own the file, but a copy of the file(ownership of the container versus the content).

      I'm not sure what you're getting at. To clarify, when you say "you didn't own the file, but a copy of the file" and talk about the content, are you referring to the actual creative work (the musical composition, and the recorded performance thereof) the file is a copy of? If that's the case, there's no argument whatsoever; there's no way a person can buy any one copy of a piece of music, be it by tape, disc, download, or whatever, and think that having legally acquired that copy for one's own listening purposes conferred upon that person the copyright to the music...

    7. Re:You know who has even more than you? by Anonymous Coward · · Score: 0

      Says who? You have every right to back up the music you paid for and even the music you copied off of broadcasts. Under US law both of those instances of copying are absolutely protected. And as for re-sale, you definitely have that right to that too if you did, in fact, pay for the item then you can sell them. This is the doctrine of first sale. Without that, there would be no real estate market.

    8. Re:You know who has even more than you? by Dashing+Leech · · Score: 1
      Actually, that's not quite right. [IANAL but...] While you do have fair use rights for backing it up (and time-shifting broadcasts) these aren't written in law except for the precedence of court cases. Really, fair use is a case-by-case basis. I imagine that if you paid for your music and the money went to the distributer, publisher, and artist, then the judge would probably see that your local copy as fair use. If you bought the music and your money didn't go to those people, I'm sure the judge would view it similar to buying stolen goods out of the back of a truck. You're screwed.

      As for re-sale, I don't believe that is legal in this case, though I know some guy was trying to determine the legality by re-selling an iTunes song on eBay. (I believe eBay pulled it so the answer is still unknown.) It seems that this is somewhat like photocopying a book and trying to sell it. (In the eBay case, the guy was going to delete the file, so it's sort of like trying to sell the photocopy then destroying the original.)

      The problem is a confusion between the laws and what people think they actually purchase. When you buy a CD, you don't "own" the music. All you own is the piece of plastic. You don't even own the 1's and 0's because there aren't actually any 1's and 0's on it. All it is is a piece of plastic with patterns of holes. You own the plastic, but the pattern of holes is copyrighted. You can put the plastic in a device that reads the holes and produces patterns of sounds. Fair use allows you to make a backup copy of the pattern. You can even change the pattern in the plastic if you wish (e.g., melting parts of it) because you own the plastic. In general, you own the medium, not the content.

      The problem is, purely digital music is just a pattern of 1's and 0's stored electronically. You certainly own medium it is stored on (hard drive, flash memory, etc.) but you don't own the pattern. The term "file" really just refers to the pattern, so in fact you can't really own the file according to law, and so you can't really re-sell it. You can re-sell physical items (CD plastic, hard drive, real estate, etc.) but you can't just sell the pattern.

      Generally, The laws haven't caught up with this problem yet. When you purchase a song "file", you're not actually purchasing anything, you are just licensing the use of the pattern the same as with software. Software is worse because not only can't you re-sell the pattern, you aren't even allowed to figure out or change the pattern in many cases under the DMCA.

      It's an issue the public and government don't fully understand yet and don't have a good solution.

    9. Re:You know who has even more than you? by joeljkp · · Score: 1

      I don't think copyright prevents you from making a copy, or that fair use negates that in some cases. Once you have the copy, you can do whatever you like with it, other than those rights granted solely to the copyright holder. Since the right to copy is not granted solely as part of copyright, you can copy it all you want. It's distribution that's illegal, not copying.

      --
      WeRelate.org - wiki-based genealogy
    10. Re:You know who has even more than you? by cpt+kangarooski · · Score: 1

      Here's the first key thing to know: the law defines a copy as a material object within which an intangible creative work is fixed. A good rule of thumb is, if you can reproduce something without needing, say, a Star Trek replicator, it is a work.

      So this post -- which I see here, and you see there, and thus is in two places at once -- is a work. The RAM on my computer in which the work is in is a copy. Your RAM is yet another copy.

      With this in mind, it's usually a good idea to use the verb 'to reproduce' when you mean 'to create a new copy of the same work.'

      Anyway, it's easy to own a copy containing a digital work. Letters are digital (for them to be analog would require there to be something between A and B). You probably mean how can you own a digital copy of a digital work. But more seriously, a CD would probably answer your question nicely.

      That you persist in using a technology that cannot allow you to view a work (which is not infringing) unless you reproduce the work into a new copy (which is infringing) is your damn problem. This is basically what the courts have said in MAI v. Peak and the line of cases stemming from it.

      17 USC 117, which deals solely with computer software you buy a copy of, realizes this and permits you to make whatever copies you need to in order to run the software.

      But it's unique. Other than that, you're relying on fair use (which has a four part test that can be seen at 17 USC 107) or, say, laches (i.e. that it's unfair for RIAA to sell you CDs without expecting you to use them in ordinary CD playing equipment, however it might work).

      Fair use probably allows you to reproduce some copies of, say, CDs, by ripping or just viewing in a manner that involves some reproduction. The fair use factors -- which must be looked at each and every time -- are basically how much of the work you're using, how you're using it, the nature of the work, and the economic effect on the US copyright holder.

      If you buy a CD and rip it, although you are using the whole work (bad) and the work is creative (bad) and you're not transforming it into a new work (bad), you are having basically no commercial impact on the US rightsholder (good) and while no factor is more important than any other, nor is it just a matter of mathematics, we're willing to let it slide as fair use.

      If you buy a PIRATED CD then there is a significant economic impact, and now all the fair use factors are against you.

      allofmp3 is not reproducing or distributing copies in a manner that would be legal if they were in the US. This makes them pirates in the eyes of US law, whatever their legality might be elsewhere.

      For you to download from them is necessarily to reproduce a copy without authorization of the US copyright holder. If you're in the US, you're bound by US law, and this is against US law. You have no good defense -- such as fair use -- because as noted, all the factors would likely be against you. You're basically screwed.

      Ignore the issue of it being an international transaction; if it's illegal for me to go to Holland and bring back hash, or to call up Holland and ask them to send hash to me here in the US, why on earth would you think that it's legal to do roughly the same thing with copyrighted works? Differing legality does not result in everything being legalized if it is legal elsewhere.

      And n.b. that while this is NOT a matter of importing music (which is the moving around of pre-existing tangible objects, viz. copies, not the creation of new copies which is unavoidable in downloading), imports are also significantly controlled by US law and are not as legal as you probably think they are.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    11. Re:You know who has even more than you? by cpt+kangarooski · · Score: 1

      You are wrong. Read 17 USC 106. It grants the exclusive right to reproduce the creative work to the author. You do not have that right.

      Copyright -- which for some odd reason ought to tip you off that it involves a right to copy -- is a whole bunch of different rights. Distribution is ONLY one of them. There's a ton, in fact. The important ones are at 106, but there are others scattered around Title 17. You ought to read the law before spouting off half-assedly about it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    12. Re:You know who has even more than you? by Blondie-Wan · · Score: 1
      That's an excellent, informative response and you deserve to be modded up for it. Thanks.

      That said, if I've bought the copy in Russia, where it's legal, can I not bring it into the US? I do realize that certain things are illegal here, but I think it's different from the hash example. With illegal drugs, they're just plain illegal here, period, regardless of where they come from. With creative works, it's not flat-out illegal to possess any such work; it's just not permitted to copy / distribute them without the permission of the copyright holder. That raises interesting questions.

      For example, there are record labels in Europe that specialize in releasing rare film scores that aren't legally available here, because the studios (or whoever owns the rights) haven't authorized their release. However, because of differences in, say, German law vs. US law, they aren't necessarily illegal over there, although those labels can't operate over here (at least, they can't release some of the same scores). Now, US laws prevent those labels from releasing those scores here, which means they can't operate commercially here; that doesn't mean a private individual can't go over to Germany, buy some of those borderline bootleg soundtrack CDs that are technically legal there, and bring them back here, does it? They aren't being "released" or "distributed" here, after all, so copyright laws that govern how things can be copied, distributed, etc. here don't apply, as far as I can tell.

      If that's the case, then what I'm wondering about something like allofmp3 is whether the fact they operate outside the US (as opposed to merely outside US law) has any effect. As far as I can tell, the "copy" of a work is created the instant their server sends it to you, not when it arrives in your computer, and while it's in transit it's already your property. Legally, what distinction is there between downloading something from allofmp3, and actually travelling to Russia (or Germany, or whatever) and buying a copy of something that couldn't be legally distributed here and bringing it back?

      Actually, what I really should do is ask my brother, who is a lawyer...

    13. Re:You know who has even more than you? by cpt+kangarooski · · Score: 1

      That said, if I've bought the copy in Russia, where it's legal, can I not bring it into the US?

      Firstly, realize that that is not what's going on in the allofmp3 case -- since a copy is defined in the law as having to be a tangible object, and no tangible objects go from allofmp3 to their customers.

      That said, the reason is because the law prohibits it. To import a pre-existing copy into the US is distribution according to 17 USC 602, and the US copyright holder has the exclusive right to distribute per 17 USC 106. That's subject to some limitations found in 17 USC 602 and 109 and elsewhere, but that's generally the rule.

      The 109 exception is known as first sale. But it ONLY applies to copies that were made lawfully pursuant to US law. If you make a copy in Russia, and that copy is made in a way that would be legal had it been made in the US, then 109 applies and it can be imported lawfully. OTOH, if that copy is made in a way that would be illegal if it happened in the US, REGARDLESS of its legality elsewhere, 109 does not apply to it! (in fact, if there were a work and I had the US copyright and you had the Russian copyright, and I made copies in Russia thereby infringing on your copyright, it would nevertheless only be my copies that could lawfully be imported into the US.

      602 has a few exemptions that protect individuals from being sued by copyright holders, but nevertheless unless the copies sought to be imported were made in a manner that would have been lawful if it had happened in the US, they're still illegal and at the very least can be seized by US Customs if they notice. (n.b. when reading 602 that the exemptions in 602(a) ONLY apply to 602(a) and NOT to 602(b))

      The ultimate reason for this is actually pretty simple: imagine that there is a country bordering the US on the north, called Moosylvania. If their copyright laws are very lax compared to ours, or even just plain don't exist, then they can make copies that would have been infringing here, and could -- if we didn't limit imports -- send those copies into the US and flood our markets and undercut our own copyright holders and the entire point of copyright to begin with. What they do there is their own business, but that doesn't mean that we have to let them have an affect on our own soil.

      As far as I can tell, the "copy" of a work is created the instant their server sends it to you, not when it arrives in your computer, and while it's in transit it's already your property.

      That's wrong. Like I said, the law in 17 USC 101 defines a copy as being a specific tangible object. It is something you can literally hold in your hand. When you download, the downloaded data all by itself is not a tangible object, ergo not a copy. BUT the vessel into which YOU put it IS. Your hard drive is a copy. Your RAM is a copy. They are both within the US at the time the reproduction occurs, and you're the party that is ultimately responsible for having that reproduction occur; it's not as though the Russians are holding a gun to your head or remotely controlling your computer.

      Read the MAI v. Peak case which basically stands for this proposition, and some of the cases following the MAI precedent, such as Utah Lighthouse Ministry v. Intellectual Property Reserve. I won't say that I think they're very wise cases, but they are widely followed and you'd be foolish to ignore them.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    14. Re:You know who has even more than you? by Blondie-Wan · · Score: 1

      Thanks for the information. A lot of that sucks, but it's good to know.

  31. Instead, ask: by Toxygen · · Score: 2, Interesting

    Why do people just use itunes? Competition is a good thing, and I'm sure the crowd here will agree that 1) monopoly = evil, and 2) alternatives = good. I mean, why not just drive ford? Why not just play sony? Why not just eat bananas?

    The more companies start offering digital media for sale, the better off we'll all be. They might not have it quite right just yet, but they seem to be getting enough encouragement from the market to keep trying which is a very good sign. Sooner or later one of these retailers will give us exactly what we want and it'll all be thanks to these early efforts.

    1. Re:Instead, ask: by Anonymous Coward · · Score: 0

      I'm guessing people use iTunes because it's a better service. It's not as if there isn't a slew of alternatives. Sony Connect, Real Rhapsody, Napster 2, BuyMusic, etc. are all in the market, plus a half dozen others too small to mention. Yet Apple has 70% of the "legal downloads" market. People don't "just use iTunes" because its the only game in town, they use it because it meets their needs best.

      Competition is a good thing, and I'm glad there are other music services out there just to keep Steve Jobs on his toes. But only if some real innovation comes into the market (and I'm not too optimistic about this eBay initiative) will things really improve for music buyers.

    2. Re:Instead, ask: by The+Or's · · Score: 1
      "Why do people just use itunes?"

      Because it's not WMA.

      (and if all the other download stores succeed & iTunes fails, eventually we will have the situation where MUSIC=WMA.)

      Which I think will be bad.

  32. A Very Good News by kc_cyrus · · Score: 0
    This is good news.

    Let them sell and buy their trash music on ebay or whatever "other"-bay so they can stop reminding us everyday how much p2p is damaging music industry or whatever "other"-industry.

    Let them have it and I really hope it distracts them from barking at p2p networks.

  33. Sometimes fewer choices are better by tentimestwenty · · Score: 1

    Choice is well and good but a lot of the time I'd rather be presented with one option that is great. It saves a ton of time (which is valuable). I'm not saying I have low standards, but for argument sake, sometimes a lot of competitive choice ruins the market and makes people upset whereas if one company does it right the first time it gets a high level of acceptance. There have been tons of products like this, mostly of the "essential" variety. Music might not directly qualify but if Apple goes to lossless compression and reduces the DRM and keeps the price the same, many people would not only say it's a fair system but that it is a completely acceptable system.

  34. EasyCinema by cyberformer · · Score: 1

    EasyCinema in the UK does exactly that, with online booking and seats starting at 20p (about 35 US cents), including all taxes. Unfortunately, a big cartel of greedy Hollywood studios wants people to pay a lot more, so the choice is quite limited. The MPAA would undoubtedly stop eBay or any other company doing something similar in the US.

  35. Next up by corian · · Score: 1

    A scheme for the resale of "used" e-books. Unlike Kerry, that would get my vote.

  36. Try again by MunchMunch · · Score: 1

    Consumers, by definition, do own limited duplication rights on copyrighted material. If I buy a CD it isn't a mistake that I can make backup copies of it. That copyright law hasn't differentiated between digital and physical doesn't somehow mean those rights, such as fair use rights, the right to first sale, and so on don't exist.

  37. Audio Out by sjb2016 · · Score: 2, Informative
    If you want to put streamed stuff on your MD why not just hook the audio out from your computer to your MD. If you have one of those Xitel things that Sony shipped with MDs circa 2001, no loss of quality because you're going through USB. Even if you have to go analog, you aren't going to lose that much quality. If you have a Mac, get Audio Hijack and you can record from any program that produces a sound on your computer. But if you have a Mac you can't use Napster or Rhapsody.

    Of course, there is the chance you were trying to use some wit to mock the MD technology, in which case I am a fucktard, but my post is still a valid way to get streamed content onto your MD.

    1. Re:Audio Out by Jason1729 · · Score: 1

      No, I'm not trying to mock the MD technology. It is my preferred portable audio format. I hate Sony, but the MDs are just so much better than anything else out there (iPod included). If anything, I'm mocking the streaming services.

      I have one of the earlier NetMD players though, I don't have many options for loading data to it. I do have access to a Mac though, so I'll have to take a look at Audio Hijack. Assuming it lets me create mp3s from the stream, I can load them to the MD walkman. If it could accept an audio signal, I wouldn't have even asked.

  38. Why? by Anonymous Coward · · Score: 0

    IMNSHO, all of this hogwash about *AAs and everything else needs to cease. We've reached a point where:

    ANYTHING THAT CAN BE MADE CAN BE COPIED.

    Now, that means, you really don't have to pay for anything anymore. Ergo, poor people who didn't have the disposable income to buy stuff in the first place are "Stealing," and causing "massive losses." Losses that would never have been gains in the first place. Would I rather buy a full set of DVDs ($200+) of my favorite show than get them from a filesharing source? Absolutely. Do I have enough money to justify the expense? Hell no.

    So what do I do, along with many of my contemporaries?
    I copy it, and don't give a cent to anyone.
    As long as I can't afford it, I won't buy it.

    The solution?

    Accept the fact that some people just don't have the money to pay for a $20 cd, a $25 DVD, or a $60 game. As a university student, I sure as hell don't. Sorry, but food comes first, not paying my hard earned cash to faceless, evil, corporations so executives can get a more expensive yacht.

    If you truly want to support musicians, I say that musicians should make their music available on the net, without strings, have a nice paypal (or similar) account for those who can pay, and then offer great concerts to make the cash money they want. They'd make more money that way than if they continued to go with their current method of distribution. It has been said MANY TIMES that musicians make their bread and butter from concerts. Cut out the middlemen, the people who DON'T WORK FOR A LIVING, and see the savings roll in, and greatly increased incomes for the artists.

  39. Some lack broadband; name recognition by tepples · · Score: 2, Informative

    As far as I know, independant artists can sell their music through all the normal normal music services

    Independent artists can't sell through the "normal normal music services" that dial-up people use, that is, Compact Disc sales through Wal-Mart and Best Buy brick and mortar store chains. The major labels pay to rent shelf space in those stores.

    how would EBay give them a greater advantage?

    Even within the realm of fully-paid-up perpetual rentals of digitally downloaded records (it's not really a sale without a significant right of resale), the eBay brand would bring name recognition.

    1. Re:Some lack broadband; name recognition by Brianwa · · Score: 1

      Would the fact that they are selling through EBay make someone more likely to buy their music than if the artist sold through iTunes, Napster, or sold physical CDs through their own website, or even Amazon.com?

  40. Commercial vs. non-commercial copying by tepples · · Score: 1

    For example 17 USC 117 computer software backups must be destroyed or transferred with the original -- unless of course you could successfully show that you made them under fair use or something. However, 117 is the only one of its kind I know of. Copies made under 107 or 1008 are subject to no such restriction.

    Both fair use (section 107) and the AHRA (section 1008) grant a wider exemption to non-commercial use than to commercial use. If the owner of a CD reproduces it under 107 or 1008, sells the original under 109, and then keeps the copy, the record label would have an easier time talking a judge into ruling the copying commercial (and therefore possibly infringing) on grounds that the former owner of the CD realized a net financial gain from the exercise.

  41. No! Look on the bright side! by Anonymous Coward · · Score: 0

    On Gnutella network, I hosted two files named "Lesbians Fucking And Moaning Loudly - Strapon Sex.mpg and "Britney Spears - Oops I Did It Again.mpg"

    As anyone would have pre-empted, I had so much traffic pointing at my luxurious 100 MegaBytes of lesbian porn. So, to be wicked I swapped content between those two files named above and the entire Gnutella network immediatly stopped trading pornography.

    See! Britney Spears exorcised the entire network! But, I just hope someone doesn't revitalize the network with a files named "Britney Spears Strapon Lesbian Sex.mpg'. Oh God, Noooo! I hope she doesn't pull a Rosy O'Donnel on us! But wait...that got Rosy off eBay! Muahhahahahha! Here comes the Britney Spears content...

    Sincerily,
    The Alpha Troll

  42. Includes referral link by Kevin143 · · Score: 0

    Holy referral link, Batman.

  43. ultimate ebay auction by mabu · · Score: 0, Offtopic

    speaking of ebay auctions, check this out - I submitted it as a story to Slashdot (and "surprise" it was rejected), which means it will be rejected about 4 times before someone approves it... but it's the ultimate nerd auction.

  44. Just Trying it out now? by f0rt0r · · Score: 1

    I've been downloading music for a little over six years now...and they are just trying it out. Geez...

    --
    I can't afford a sig!
  45. Report them to safehabor by tekrat · · Score: 1

    eBays's own policies PROHIBIT the sale of "digital only" materials. Their policies state that it has to be a phyiscial item for sale, hence there is a shipping charge standard on every sale form.

    Why not target these sellers and just flood ebay with safehabor reports indicating that these people are violating ebay's policies?

    Even if they ignore half of them, eBay will spend a considerable amount to check out these reports, which will ultimately make them call the experiment a failure.

    --
    If telephones are outlawed, then only outlaws will have telephones.
  46. a caution by borgalicious · · Score: 2, Interesting
    PayPal, owned by eBay, and mediating many of the eBay transactions has a specific policy that provides NO protection for intangible goods and has a horrific reputation on disputes regarding intangibles. From the PayPal Buyer Protection Policy section 3.b.3
    The item sold in the listing must be a tangible, physical item or good which can be shipped. All other items are ineligible for PayPal Buyer Protection coverage, including but not limited to intangible goods, services, quasi-cash, gift certificates, and downloadable or streaming content.
    Caveat emptor
  47. They Might Be Giants by osrevad · · Score: 2, Informative

    Apparantly They Might Be Giants(the band) have decided to start selling their new CD on their website as pure unadulterated actual MP3s! None of that other crap that has tons of arbitrary usage rights. "You can burn this song to 3 CDs, transfer to up to 2 computers, and listen to it up to 14 times. This song will self-destruct in 5 days, sucker!" Is it a GOOD idea for them to be selling the actual MP3s. Obviously, they realize that a lot of people will emidiately put it on Kazaa. But on the other hand, by selling it on their website on their own, the $9.99 that you pay for the CD goes straight to their pocket, instead of countless middlemen.

  48. ebay sure gives me confidence "NOT" by spyware+scams_suck · · Score: 1
    Their Terms Of Service explicitly states that you cannot sell non-physical goods using their service. So basically all those gmail invitations on eBay violate their TOS, but I guess they just cannot be bothered to remove all those auctions.

    I guess this is why we see auctions with TINY fine print like "This is not an auction for Star Wars Galaxies Credits, you are simply bidding on a Word Document With Hints, tips, suggestions, and macros. You will get detailed explinations of how to make this money and much more Thanks"

    Yeah, ebay is serious about their TOS-----> serious TOStockmarket. And protection for the buyer? Yeah, right..........

    1. PayPal Buyer Protection -
    2. Standard Purchase Protection -

    When am I covered under these programs?

    Both programs offer protection when you pay for an item that you don't receive, or receive an item that is substantially different than what was described in the listing. In addition, the following eligibility rules apply:

    Only TANGIBLE items (physical goods that are shipped) are covered. Services and intangible items such as emailed recipes, e-books, etc. are not covered.

    No, thanx. I still like CDBaby.com. Plus, CDBaby makes it easier for me to not run into the RIAA-tainted "artists."

    --
    * weedshare.com 50% to artists, webjay.org iuma.com CDBaby.com Epitonic.com ampcast.com
  49. Re:Sigh. Get it for free. by suffe · · Score: 1

    Sure it is. Just like both Volkswagen and Jaguar both sell cars. Still, there are huge differences. In the car example the quality, status and other things differ. In your example the legal status, for example, of what they are doing differs.

    My point is, if there ever was one, something that was said by Voltaire a long time ago. "A witty saying proves nothing."

    --

    Karma: 2.71828182846 (Mostly due to small, fun pills)
  50. Slashdotted? by 87C751 · · Score: 1
    Has eBay already pulled the listings? music.listings.ebay.com gives me the Big Laundry List'O'Categories. Under Music, there's a heading for 'Digital Downloads (0)'. Your link shows up as an invalid item.

    Near as I can tell, there's literally Nothing To See Here.

    --
    Mail? Put "slashdot" in the subject to pass the spam filters.
    1. Re:Slashdotted? by joeljkp · · Score: 1

      Same here, nothing.

      --
      WeRelate.org - wiki-based genealogy
  51. bidding war ensues. by sucati · · Score: 1

    Um yes I will place a bid of .99 for NSYNC "I Need Love". moments later.. "You've been outbid by JustinSoDreamy1874". Um yes, impossible. I must have this.. I will bid 1.99. ..repeat until (rationale exceeds desire for justin. hint: rationale=low). Um yes victory.

  52. Re:Oggbligitory: by Overzeetop · · Score: 2, Informative

    Why bother, allofmp3.com already does sell ogg. And flac, and monkey's and...well, just about every common format, including wav(!?!). Lossless compression does cost double (2c per MB vs 1c/MB for mp3/aac/ogg...why, I have no idea).

    --
    Is it just my observation, or are there way too many stupid people in the world?
  53. eBay.de by theslashdude · · Score: 1

    I guess you never heard of www.ebay.de, which seems to be quite popular.

  54. I want my MP3! by SuperChuck69 · · Score: 1
    Any news on the format to be used? The article merely said that they would be sold through legit channels and would not be resellable. No mention of DRM.

    I've said it before and I'll say it again. I have no problem paying for music downloads, but they MUST be MP3.

    Music Should Be Free (as in Freedom, not Beer)

    --
    :wq