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Spitzer Takes On Record Industry Payola

flackrum writes "NY Attorney General Spitzer has served subpoenas to four major record labels (UMG, BMG, EMI, WMG) in a continued house-cleaning of corporations employing dirty-tricks. In this particular group of cases, investigations are focusing on the circumvention of the Federal Payola Law, which forbids bribing radio broadcasters in return for airing specific songs. Mmm sweet karma."

411 comments

  1. At least it is a step up by DARKFORCE123 · · Score: 4, Funny

    At least it is a step up from representing unpaid restaurant bathroom attendants .

    http://money.cnn.com/2004/10/08/news/funny/spitzer _bathrooms.reut/

    1. Re:At least it is a step up by Gentlewhisper · · Score: 3, Insightful

      If bush wins the election, you will see this case quietly vanish into the ether..

      if kerry wins the election... oh wait...

    2. Re:At least it is a step up by wobblie · · Score: 5, Insightful

      Just what the hell is wrong with that? That is his freakin job. You think people should not be paid for work?

    3. Re:At least it is a step up by beakerMeep · · Score: 4, Insightful

      I second that. I appriciate a good toilet joke but those people were really being abused (financially). If you've ever been in contact with one of them they are incredibly nice and it very uncomfotable to think they were being treated so badly. Kudos to Spitzer for taking on the big cases as well as the small. Spitzer may have political aspirations but he seems to be fighting the good fight in the meantime.

      --
      meep
    4. Re:At least it is a step up by Anonymous Coward · · Score: 0

      Not "may" -- DOES!!! You need to keep that in mind about him, constantly (as with many former NY prosecutor-pols -- it's a bipartisan concern!)
      me

    5. Re:At least it is a step up by krem81 · · Score: 0

      And you think bathroom attendants stand there just for the fuck of it? If the place is classy enough to have a bathroom attendant to begin with, then the people who use them leave at least a dollar tip each, which adds up to pretty big amounts. Spitzer is just drunk on power. He's no champion of the underpriviliged.

    6. Re:At least it is a step up by FlopEJoe · · Score: 5, Insightful
      "If bush wins the election, you will see this case quietly vanish into the ether.. if kerry wins the election... oh wait..."

      I've said it before, and I'll say it again... people put WAY too much weight on the power of the presidency. In candidate ads, news articles, /. posts, and conversations, I hear/read of all these magical powers that just don't exist. Bush should do something about X, Kerry will make the paralized walk. The president has power but there are other people in our government.

      Worried about the draft, pork spending, over/under litigation? Want more/less spending on aids, stem cells, drugs then? Talk to congress. They write and pass bills. The prez can veto but congress can battle that. If the current music business model is not working, then your congress-person should be pestered. If they thought stem cells are the cure and private funding isn't getting it done then there would be 100% backing in congress to ram a bill into Bush's lap.

      Republican or Democrat, the president is not a Mystykyl Majical being that can cure every problem in the country.

    7. Re:At least it is a step up by Jeff+DeMaagd · · Score: 2

      I really don't think bathrooms should be a tipping situation. When I go to an event or a store, I expect that patronizing the event or store through the purchase of tickets or product should be enough to pay for a clean bathroom, I don't appreciate being "nickled and dimed" for every little thing I do.

      I will admit that the tipping might create an incentive to make sure the bathroom really is clean. That said, I thought there had to be a minimum wage. IIRC, the minimum wage assuming there is sufficient tipping is just under $3 an hour, so it makes up for the slow times too.

    8. Re:At least it is a step up by Anonymous Coward · · Score: 2, Insightful
      "I've said it before, and I'll say it again... people put WAY too much weight on the power of the presidency.'

      Citizens of Iraq and Afghanistan excepted.

    9. Re:At least it is a step up by krem81 · · Score: 1

      Well, the morality of having "bathroom attendants" is a different topic altogether. For the record, I agree with you, I don't think it should be a tipping situation, but seeing that it is anyway and people willingly part with their money for the privilige of being handed a towel, it really is a moot point. For the second part, from the article the grandparent posted it's clear that the bathroom attendants in question are not "regular" workers; they're leased the space they work on, and thus may be considered self-employed. I know there has to be a minimum wage of around $3 dollars per hour plus tips and that has to make up at leats 5.15/hr, but I have a feeling that the bathroom attendants make scores more. In any case, I really dislike the idea of people like Spitzer telling businesses what their agreements with bathroom attendants should be, how much mutual funds should charge their customers or how much NYSE CEO is supposed to be making.

    10. Re:At least it is a step up by Anonymous Coward · · Score: 0

      I don't tip for services that I don't want. In the case of bathroom attendant it is a service that I would rather not have. Please just get out of the way and let me wash my own hands. No, you're not getting a tip either way.

    11. Re:At least it is a step up by timster · · Score: 2, Funny

      Yeah, but they can sure cause problems. That's why we need an ineffective president like Kerry.

      --
      I have seen the future, and it is inconvenient.
    12. Re:At least it is a step up by jedidiah · · Score: 3, Insightful

      Personally, I find bathroom attendants to be remarkably creepy. Taking a crap should be a personal experience and they are an intrusion. Nevermind tipping them, I don't even want to see them.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    13. Re:At least it is a step up by krem81 · · Score: 1

      Amen to that, brother.

    14. Re:At least it is a step up by Anonymous Coward · · Score: 0
      The contracting company is called "Royal Flush"... lol

      I hate bathroom attendants btw. Ya always feel guilty for taking a napkin or whatever from them and obligated to tip. They make people feel uncomfortable. I just avoid them now.

      If they were chicks that did more than offer a towel, that would be kinda hot tho. "Lemme hold that for you"

    15. Re:At least it is a step up by Anonymous Coward · · Score: 0

      I second that Amen!

    16. Re:At least it is a step up by Anonymous Coward · · Score: 0

      As opposed to a lying criminal like Bush and his thieving administration? I'll take Kerry over that bullshit everytime.

    17. Re:At least it is a step up by Bloody+Templar · · Score: 1

      Okay, so where are the states' attorney generals when it comes to the poor strippers??? I'm not kidding. Shortly after I met my wife in college, she became a peeler. It was the same deal. End of the night, she was required to give the DJ 10% of her take, and the house another 10%. She received no wages. This was less of an issue in the club where she started, but the second club she danced at had several surgically enhanced dancers and the city it was in had laws specifically designed to keep the dancers from talking to the patrons, or coming within 3 feet of them. When you can't even provide charming conversation to the patrons, your breast size becomes the determining factor on how much you make. She quickly got burnt out on that job, must to my disappointment. Now she's a teacher. :)

    18. Re:At least it is a step up by tuffy · · Score: 2, Interesting
      I've said it before, and I'll say it again... people put WAY too much weight on the power of the presidency.

      The presidency is a sporting event. People don't seriously expect the president to directly affect their lives for better or worse, they just want to see their favorite team win. If it were all about issues and results, nobody would take it nearly as personally as they do now.

      --

      Ita erat quando hic adveni.

    19. Re:At least it is a step up by Anonymous Coward · · Score: 0

      Spitzer for US AG!

    20. Re:At least it is a step up by operagost · · Score: 1

      I don't get it ... is this supposed to be a joke?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    21. Re:At least it is a step up by SomeoneGotMyNick · · Score: 1

      The DJ got money because most dancers don't care to make up their own music mix. therefore, services rendered.

      The house got 10% to KEEP QUIET to the IRS about the income she was making.

      Was a 1099 even filled out? Meanwhile, Uncle SAM still pests independent workers for the extra self-employment tax when we make money and are not official employees of the company we do work for.

    22. Re:At least it is a step up by shotfeel · · Score: 1

      If bush wins the election, you will see this case quietly vanish into the ether..

      Not only that, the price of tea in China will skyrocket!

    23. Re:At least it is a step up by SomeoneGotMyNick · · Score: 1

      The real problem is, if you don't feel like interacting with a particular staff member (paid or not) at a business, you can ask someone else, or wait till they go on a bathroom break.

      It doesn't work in this case, does it?

      I generally tip the attendant if I notice they are keeping up on cleanliness. If they are sitting there saying hi/bye, and there's water and soap scum all over the countertop, they don't get a tip. Not to be picky, but you can usually notice if a public restroom is being kept up on.

    24. Re:At least it is a step up by Almost-Retired · · Score: 4, Informative

      I've said it before, and I'll say it again... people put WAY too much weight on the power of the presidency. In candidate ads, news articles, /. posts, and conversations, I hear/read of all these magical powers that just don't exist.

      Ahh, but you missed the most obvious way to put the lie to that statement. I give you the DOJ v M$ as a case in point. IIRC the judge who was supposed to rule, and we all expected the ruling to be against M$ from the public statements made (a definite no-no according to some), was replaced by a GWB puppet, with the expected results, business as usual for M$.

      So yes, the President can find a way, and the more circuituous that path back to him, the better its swept away, drowned out by the other public noises.

      Cheers, Gene

    25. Re:At least it is a step up by Kwil · · Score: 1

      Except none of the other people are the person who has the ability to say "No. We won't do that."

      As such, you do what you can to please that guy, so that you have a better chance of getting what you want through later.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    26. Re:At least it is a step up by Anonymous Coward · · Score: 0

      People should be paid for _USEFUL_ work. Just because someone has a job doesn't mean it's necessary or productive or useful in any way. Having some guy hand me paper towels and then try to feel guilty if I don't give him a dollar is not a service. I'll get my own paper towels, thanks.

      I would go so far as to say that the restroom attendants are worse than telemarketers, because you can't hang up on them.

      Sometimes I will resort avoid washing my hands in these bathrooms in order to avoid this "service" entirely. This is only one step up from begging for money on the street.

    27. Re:At least it is a step up by satchboogie · · Score: 1

      While I do feel the president, as most leaders, is a puppet, I don't think sporting event is an appropriate phrase.

      The president has the authority to overtake a country for their oil and to demonstrate their power (kinda like picking on a little kid so the other kids see how tough you are and fear you) and fabricate evidence to justify such overtaking. Sport teams cannot do that.

      I would like to see sporting events incorporated into the election though. True tests of skill, integrity, loyalty, and honesty. That would help with narrowing down the best choices for a "leader."

      Keep in mind, as a leader, the president is supposed to set an example for everyone to follow.

    28. Re:At least it is a step up by satchboogie · · Score: 2, Insightful

      I feel rather uncomfortable knowing your wife was a dancer. It just seems too personal for me.

      Anyhow, yes, it is unfortunate to give 10% to some guy to play CDs and 10% to the house, but as the other reply states, they are saving her from formal taxing.

      I used to make $6/hr (min wage was $6.85) under the table at a gas station. No tax. It was hush hush.

      If it were not for the hush hush I would have had to pay incometax, EI, CPP and then I would have a lot less $$ for school.

      There is a huge trade-off in the services industry. Sure, you get paid a portion under the table (tips and what-not) but you have no legal backing. If the company wants to toss you out on your butt, they can.

      As for the laws about distance to patrons, well that is actually to protect people. Protect the girls from assault, protect the patrons from assault from the bouncer, etc... The bouncers in Canada will bounce you off everything in the bar if you lay a hand on the girl. They don't touch in Ontario (some places they do, but it is their own choice - IE Quebec) but they come VERY close. It boils down to respect. Respect the rules and enjoy the entertainment.

      Some states view respect as law enforcement required. There's not much you can do about it. The Tim Horton's equivalent (Dunkin' Donuts or whatever) does not pay anything like a peeler bar, so you take the good with the bad.

    29. Re:At least it is a step up by whoever57 · · Score: 2, Interesting
      Personally, I find bathroom attendants to be remarkably creepy. Taking a crap should be a personal experience and they are an intrusion. Nevermind tipping them, I don't even want to see them.

      You should try France: I remember taking a pee in an airport (I think) and having a female cleaner wipe a mop around the floor including between my feet at the time!

      --
      The real "Libtards" are the Libertarians!
    30. Re:At least it is a step up by geoffspear · · Score: 1
      If people like the poster above think that the president is going to affect whether a case brought by New York will continue, what makes you think they don't also believe he controls their lives?

      Ok, granted it's more likely an inability to read an article (or even its summary) than belief in the president's power, but still...

      --
      Don't blame me; I'm never given mod points.
    31. Re:At least it is a step up by tuffy · · Score: 1
      If people like the poster above think that the president is going to affect whether a case brought by New York will continue, what makes you think they don't also believe he controls their lives?

      Near as I can figure, most people ascribe powers (and potential powers/accomplishments) to a presidential candidate in order to justify their support for him rather than the other way around. They'll say, "I'm for candidate X because candidate X will do Y!" when what they mean is "I was already for candidate X, and I will always be for candidate X, and you should be for candidate X too because of Y."

      --

      Ita erat quando hic adveni.

    32. Re:At least it is a step up by j0nb0y · · Score: 1

      You're right, but you're *so* wrong.

      President Bush did prematurely end the DOJ vs MS anti-trust case, but he didn't do it by replacing the judge. The President *does not* have the authority replace judges. Bush ended the DOJ vs MS case by directing the DOJ to not pursue it anymore. Shortly after he took office, the DOJ made a rather weak settlement with MS, resulting in a slap-on-the-wrist type punishment. Note that after this settlement, the states involved continued pursuing the case. The President could do nothing about this, because the State attorney generals are *not* under the authority of the President. This includes the NY State Attorney General Spitzer. Thus, this particular case will most likely not be affected by who is elected President.

      --
      If you had super powers, would you use them for good, or for awesome?
    33. Re:At least it is a step up by Eccles · · Score: 1

      I've said it before, and I'll say it again... people put WAY too much weight on the power of the presidency.

      Bush has more power than most, simply because he has a Republican house and Senate as well. If the House and Senate were controlled by the Democrats, I'd be less worried about four more years of Bush, simply because he would have that tether. I'm hoping that one (but not both) of the houses of Congress changes over this election, just so the winner of the Presidency doesn't matter so much.

      Fortunately, the Repubs don't have a super-majority, so the Dems still have some limiting influence.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    34. Re:At least it is a step up by ortcutt · · Score: 1

      You're missing the point. The President is one person..who picks the entire Executive Branch. Why don't you people ever get that? Don't think the executive branch has power? Ever heard of executive orders , administrative rules, prosecutorial discretion...

    35. Re:At least it is a step up by ortcutt · · Score: 1

      Before you bad-mouth Kerry, you should have the decency to watch GOING UPRIVER. People don't learn much about history these days. It's worthwhile to see someone who was making it at 27. It can be downloaded with Bittorrent at GOING UPRIVER

    36. Re:At least it is a step up by ortcutt · · Score: 1

      I guess you think that because these people work in bathrooms, that they aren't entitled to the protections that the law provides. It's disgusting to me that both you and CNN think that this is "funny".

    37. Re:At least it is a step up by rthille · · Score: 2, Informative

      I assume you meant that as a joke and a dig at Kerry, but I think that the worst government is a united government. When we have a republican dominated house, senate, and President, they can 'get stuff done'. The trouble is, the stuff they can get done is stuff only they want (in addition to the bipartisan stuff). With a divided government (split presidency/congress, or 3 party congress) there needs to be more of a concensus from all sides on what to do, so only the stuff that benefits more of the population is likely to get passed.

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    38. Re:At least it is a step up by Almost-Retired · · Score: 1

      FWIW, I don't recall that our West Virginia Attorney General has ever signed onto that settlement. Darrel McGraw somewhat resembles a pit bull on such things.

      Cheers, Gene

    39. Re:At least it is a step up by Anonymous Coward · · Score: 0

      Shortly after he took office, the DOJ made a rather weak settlement with MS, resulting in a slap-on-the-wrist type punishment.

      I wish they even got that.

      Their *entire* 'punishment' was "OK, you're not allowed to break the law in exactly that way for the next five years; and if you do break the law in exactly that way, then the five years become seven years."

      When was the last time that the DA said to someone "OK, we've won the trial, but we're gonna settle with you - here's our terms, take 'em or leave 'em: not only do you not have to do anything, but we're not gonna prosecute you for the same thing for seven years!"

    40. Re:At least it is a step up by Anonymous Coward · · Score: 0

      So did you tip extra for that?

    41. Re:At least it is a step up by fucksl4shd0t · · Score: 1

      The president has the authority to overtake a country for their oil and to demonstrate their power (kinda like picking on a little kid so the other kids see how tough you are and fear you) and fabricate evidence to justify such overtaking. Sport teams cannot do that.

      I suspect that if we had sent the Dallas Cowboys and their cheerleaders instead of the army, the job in Iraq would already be done.

      --
      Like what I said? You might like my music
    42. Re:At least it is a step up by Anonymous Coward · · Score: 0

      I've said it before, and I'll say it again... people put WAY too much weight on the power of the presidency.

      How much weight is way too much? The current president had a wacky freakish personal crusade against Saddam, and it was for him and him alone that we are now involved in a quagmire that will cost thousands (yes, that's plural) of U.S. soldier's lives and hundreds (yes, plural too) of billions of dollars before we eventually have to quietly mumble some falsehood about having finished the job there and extricate ourselves from that mess. He told congress that they were either with him or against him, and it wasn't really up to them. He broke their spines and went it alone. If that doesn't constitute a veritable American's assload of weight, I don't know what does.

    43. Re:At least it is a step up by timster · · Score: 1

      I already voted for Kerry in early voting. I'm 100% serious. I figure the best way to choose a president is the same as the best way to make decisions regarding the rest of government: be skeptical and look to minimize potential harm.

      --
      I have seen the future, and it is inconvenient.
    44. Re:At least it is a step up by Anonymous Coward · · Score: 0

      Say what you will about Iraq (I say it's too early too judge) but Afghanistan just held elections.

    45. Re:At least it is a step up by jedidiah · · Score: 1

      Even that's better than an attendant.

      I can at least sympathize with someone who's actually working to keep the place clean, even if I have to be in it at the time.

      What's creepy with bathroom attendants is they just sit their and hover like some sort of pervert.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  2. Loophole by erick99 · · Score: 5, Interesting
    This is how they at least try to do an endrun around the current Payola laws:

    Broadcasters are prohibited from taking cash or anything of value in exchange for playing a specific song, unless they disclose the transaction to listeners. But in a practice that is common in the industry, independent promoters pay radio stations annual fees - often exceeding $100,000 - not, they say, to play specific songs, but to obtain advance copies of the stations' playlists. The promoters then bill record labels for each new song that is played; the total tab costs the record industry tens of millions of dollars each year.

    Why wasn't this loophole simply closed up when it began?

    --
    http://www.busyweather.com/
    1. Re:Loophole by Anonymous Coward · · Score: 0

      Perhaps because it benefitted the RIAA members whereas now the balance of power may have shifted to the big radio broadcast conglomerates? Seems like these days they are having to pay more for getting less influence.

      A Nony Mouse

    2. Re:Loophole by TopShelf · · Score: 1

      Talk about another loophole, what about satellite radio? Is that exempt from these rules, just like the ones that Howard Stern et al are trying to escape from?

      --
      Stop by my site where I write about ERP systems & more
    3. Re:Loophole by nelsonal · · Score: 2, Insightful

      Satelite is an oddly regulated business as they should be a closed network but the broadcasters are a powerful enough lobby they have probably done some monkeying with their status. My understanding of the theory behind regulation is that spectrum was seen as a scarce public good which is granted by the government to certain businesses and as a result you aren't supposed to offend people with something you broadcast over the spectrum. However if you set up a closed network you can broadcast anything you want (as anyone recieving the signal got it especially to recieve that signal) which is why CBS got fined for showing a boob, but Skinimax can do it every day if they want and MTV could show the Smack my Bitch Up video. I think satellite is considered to be closed (because it is encrypted) but the payola rules might be propogated by another legal theory (not public ownership of the airwaves).

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    4. Re:Loophole by Anonymous Coward · · Score: 0

      Cool, I'm gonna start up WPAY, Payola Radio, where EVERYTHING is bought.

  3. I don't know much about music business... by mi · · Score: 1, Insightful
    Most of my music is imported from my native country anyway.

    But government's meddling in what businesses can pay to each other seems wrong to me.

    That said, Spitzer is right enforcing the law -- the practice of having stupid laws on the books without enforcing them for years is even more worrysome -- it simply leaves the door open for selective enforcement in the future.

    --
    In Soviet Washington the swamp drains you.
    1. Re:I don't know much about music business... by adam+mcmaster · · Score: 5, Insightful

      But government's meddling in what businesses can pay to each other seems wrong to me.

      In this case I don't think it's wrong, since the richer companies could use their money to effectively monopolise radio for their artists.

    2. Re:I don't know much about music business... by Anonymous Coward · · Score: 2, Insightful

      But government's meddling in what businesses can pay to each other seems wrong to me.

      The point is supposed to be to prevent large record labels from locking out smaller competitors for air time. Hardly a simple case of the govt "meddling" with business.

    3. Re:I don't know much about music business... by rdc_uk · · Score: 5, Insightful

      Hrmm...

      "But government's meddling in what businesses can pay to each other seems wrong to me."

      (I'm not American, nor in America, thank goodness) A previous poster stated that the law prevents the station from recieving inducement and _not disclosing it_ to the listeners. The law doesn't preclude the inducement, just the concealment of "sponsored" playlists.

      i.e. it prevents corruption.

      This is, in general, a good thing. In the UK, this is why extended "infomercials" have to bear a banner telling you that they are an "advertisement feature"; to prevent the credulous masses from thinking they are getting unbiased information, when in fact they are getting neither (not unbiased, probably not information either)

    4. Re:I don't know much about music business... by Silver+Sloth · · Score: 5, Insightful

      By extension you would be OK with businesses paying news companies to supress news stories. Payola is bribary, just because it's over something as trivial as popular music doesn't make it OK.

      --
      init 11 - for when you need that edge.
    5. Re:I don't know much about music business... by mi · · Score: 1
      In this case I don't think it's wrong, since the richer companies could use their money to effectively monopolize radio for their artists.

      Does not make sense to me -- there are almost no up-front costs in starting your own radio station, AFAIK -- may be a $100K. And the high startup costs for the field is one of the main requirements to even begin discussing the possibility of there being a monopoly in it.

      --
      In Soviet Washington the swamp drains you.
    6. Re:I don't know much about music business... by kingj02 · · Score: 2, Insightful
      Most of my music is imported from my native country anyway.

      But government's meddling in what businesses can pay to each other seems wrong to me.
      I'll go along with the 'you scratch my back, and I'll scratch yours' tactic when you explain how fair competition works when the mega corporations can simply out-bribe the small business.
      --
      Ardente veritate incendite tenebras mundi
    7. Re:I don't know much about music business... by RollingThunder · · Score: 3, Interesting

      I would be surprised if the licensing process alone costs less than $100K, unless you're planning to have a coverage area of about five blocks.

    8. Re:I don't know much about music business... by Secrity · · Score: 4, Interesting

      Governments meddle all the time. These laws are the result of some scandals that occured in the 1950's. One discussion is at http://www.history-of-rock.com/payola.htm/

    9. Re:I don't know much about music business... by mi · · Score: 1
      Payola is bribery, just because it's over something as trivial as popular music doesn't make it OK.

      Then all business transactions are "bribery".

      Anyway, I don't see, how bribery should concern anyone other than the bribe-taker's employer and -- in an enlightened society -- the bribe-giver's employer too.

      I'm not even sure, we are right punishing our businesses for bribing foreign governments (Europeans don't object to that). But bribing each other? Please -- that is just business.

      --
      In Soviet Washington the swamp drains you.
    10. Re:I don't know much about music business... by Anonymous Coward · · Score: 0

      You really discredit yourself when you throw out cheap shots like that. I didn't even bother to read the rest of your comment. Don't want to. It's probably short sighted and uniformed, just like your cheap shots.

      It's a shame you have such a dim view of the world.

    11. Re:I don't know much about music business... by mi · · Score: 1
      Various political groups -- left and right -- gobble up that kind of money on just logistics.

      Anything below 5-10 million dollars is still very low.

      Finally, yes, you can start with covering "five blocks" and if there are listeners, there will be advertisers. And with advertisers, there will be money for expansion.

      --
      In Soviet Washington the swamp drains you.
    12. Re:I don't know much about music business... by squiggleslash · · Score: 5, Insightful
      This is a straightforward case of businesses being given a slice of public property and having to obey a handful of straightforward public interest rules in return for continuing to keep that property.

      If this rule were applied to Internet or Cable radio stations, I'd agree with you. But this isn't a free market, there's only a certain amount of spectrum available, and if someone wants to use it, they need to be reasonable.

      Besides which, the payola rule is nothing more than a full disclosure law. If a radio station informs its listeners that they were paid to play a particular song, what they're doing isn't covered by the payola laws. This isn't about one company paying another for services, it's just regular regulation of advertising.

      --
      You are not alone. This is not normal. None of this is normal.
    13. Re:I don't know much about music business... by chthonicdaemon · · Score: 2, Insightful

      Anyway, I don't see, how bribery should concern anyone other than the bribe-taker's employer and -- in an enlightened society -- the bribe-giver's employer too.

      Because most people have an innate feel that there is more to right and wrong than might and weakness. You would have felt bad if a big kid beat you up and took your new skateboard. You would have called on some authority to stop this unfair behaviour.

      Modern society recognises that money is power today, and that someone has to stop the big companies from bullying the small ones. Hence, "unfair dealing" is usually illegal. Its part of why people have governments in the first place.

      --
      Languages aren't inherently fast -- implementations are efficient
    14. Re:I don't know much about music business... by Anonymous Coward · · Score: 5, Interesting

      You are wrong. Ted Turner (founder of CNN) who should know what he is talking about, is against the current situation where a few dominating media giants dominate the market. Yes, he is/was a media mogul himself, but he sees the problem nevertheless.

      He writes:

      "At this late stage, media companies have grown so large and powerful, and their dominance has become so detrimental to the survival of small, emerging companies, that there remains only one alternative: bust up the big conglomerates."

      The whole article is
      here

      Arguably he discusses television, not radio but many of the companies involved are the same, the "product" sold to advertisers (John Q. Public) is the same, and a part of what is aired (music, news) is the same too.

      Maybe you could start your own radio station, but who will listen to it and why would anyone advertise with you, with your tiny marketshare? The other companies are just too big, so they will very easily undercut you while you are trying to build your business.

    15. Re:I don't know much about music business... by mi · · Score: 1
      You would have felt bad if a big kid beat you up and took your new skateboard. You would have called on some authority to stop this unfair behaviour.

      Beating up is made illegal to protect individuals. Protecting businesses from each other is a different story, and I don't see a use for it -- unless, may be, in case of a credible threat of there appearing a true monopoly.

      We stopped throwing wretched newborns from cliffs long ago, but market still benefits from survival of the fittest businesses.

      --
      In Soviet Washington the swamp drains you.
    16. Re:I don't know much about music business... by halligas · · Score: 1

      In this case I don't think it's wrong, since the richer companies could use their money to effectively monopolise radio for their artists.

      (emphasis added)
      Could?
      With radio stations increasingly owned by other "richer companies" (Clear Channel and Cap Cities ABC own 90% of the Music Radio where I live) I am honestly shocked if I ever hear a song off a non-mega-media-conglomerate label.
      Some little voice is telling me that huge corporate radio + huge corporate record labels = Mr. Spitzer is on to something.

    17. Re:I don't know much about music business... by gcaseye6677 · · Score: 1

      Wait a second... Ted Turner, of Turner Broadcasting, says that big media conglomerates have too much power and should be broken up? Where does he think all his money came from? Where does he think his money will come from in the future? I think this man has lost his few remaining brain cells. I will forever wonder how someone of his severely deficient level of intelligence founded a media company that became so successful.

    18. Re:I don't know much about music business... by Anonymous Coward · · Score: 0

      But government's meddling in what businesses can pay to each other seems wrong to me.

      The thing is our airwaves are public. In theory. We still have a few laws left over from before radio became a corporate playground.

    19. Re:I don't know much about music business... by sjwaste · · Score: 2, Informative

      "What businesses can pay to each other" IS the government's business. It prevents things such as price fixing and other forms of collusion. Regulating these transactions curbs corruption. In this case, it's meant to prevent the tight oligopoly made up by the large recording companies from monopolizing the airwaves and effectively barring the competitive fringe from getting some airplay. Now, I'm not an idiot, I realize the smaller labels get little time on the air, but it might have something to do with the circumvention of this law. I say they're right to finally enforce it.

      I'm curious, you mentioned your native country. What country is that? I'm not going to use it to slam you or say something derogatory. I've just dome a few corruption studies on the national level, and we've found that cultural acceptance (basically saying "its a part of doing business here") is generally present in countries with high levels. I'm just trying to get an educated handle on your point of view, I dont mean to be insulting in any way.

    20. Re:I don't know much about music business... by Anonymous Coward · · Score: 0

      Or perhaps he just has ethics. I mean, he bailed the US out of its debt to the UN a few years ago out of his own personal fortune, so clearly he doesn't always advocate stuff that's directly in his "best interests."

    21. Re:I don't know much about music business... by recursiv · · Score: 1

      Finally, yes, you can start with covering "five blocks" and if there are listeners, there will be advertisers. And with advertisers, there will be money for expansion.

      My my, aren't we a starry eyed optimist?

      --
      I used to bulls-eye womp-rats in my pants
    22. Re:I don't know much about music business... by antiMStroll · · Score: 2, Informative

      Radio spectrum is a limited resource. There are only so many frequencies available in any given area, and where major urban centres are adjacent to one another complex agreements exist to protect one station's air rights against others. In my area, where FMs normally dump 20,000 watts into the antenna, new license applicants are struggling, with much testing and expense, to find frequencies suitable for operation at 400 watts. Limited spectrum is why the airwaves are tightly regulated. It doesn't matter how much money you have if all available frequencies are gone. It's also why radio stations typically sell in the range of ten, maybe twenty by now, times annual earnings when their physical assets might be worth 50% of one year's earnings. The buyer is paying for the license and little else.

    23. Re:I don't know much about music business... by russeljns · · Score: 1

      If a radio station informs its listeners that they were paid to play a particular song, what they're doing isn't covered by the payola laws.

      This is sort of off topic, but this actually happened with the avant-garde group The Residents. Back in the 70s, they released an album containing 40 one-minute tracks called "the Commercial Album", and bought 40 one minute ad spots on San Fransico's most popular top 40 station.

      This is pretty funny if you are at all fermiliar with their music.

      --

      ----
      This concludes our transmission to Oceania.

    24. Re:I don't know much about music business... by krunk7 · · Score: 2, Interesting
      I have a friend who owned a mutual funds company. Made a hell of a lot of money. He hadn't paid taxes in 10 years. Not illegally, but completely legit. Such is the bias in law.

      He also supported a flat tax, no exceptions. Of course, that meant he would lose a lot of money. His response: "Of course I'm going to take advantage of it, I'd be an idiot not too. But that doesn't mean I don't think there isn't a better system out there." The true idiot is one who can't see past his immediate gain to recognize a better overall system.

    25. Re:I don't know much about music business... by jedidiah · · Score: 3, Insightful

      Ted made his own fortune. He was in no way dependent on "media conglomerates". All he's lobbying for is the ability for other guys like him to create their own new media empires.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    26. Re:I don't know much about music business... by iminplaya · · Score: 1

      Limited spectrum is why the airwaves are tightly regulated.

      Actually, our limited knowledge of the spectrum(and of course politics(money)) is why the airwaves are tightly regulated. The spectrum can be divided into infinitely smaller pieces as we learn how. In fact, the spectrum is quite infinite. Each frequency can be modulated in different ways, allowing multiple signals. Multiplexing will provide more "space" also.

      --
      What?
    27. Re:I don't know much about music business... by ortcutt · · Score: 1

      If radio were an open market, then I might agree with you, but this is a market where competition is limited by the limitations of the spectrum.

    28. Re:I don't know much about music business... by Anonymous Coward · · Score: 0

      I think I read that article a while ago, IIRC, Ted's argument is that back when he started and built his network, the market was fragmented with enough variety and small vs big players to give him the lattitude to break in to the industry and do what he did. I think he said that it would be impossible for him to do it over again if he started out today due to the current conditions.

      Sure I think it's good to have some established players that are recognized with history and experience behind them, but I also wish that the market is open enough for new ideas as the bigger players are less likely to experiment with the formula that has established them in the market place.

    29. Re:I don't know much about music business... by mi · · Score: 1
      In this case, it's meant to prevent the tight oligopoly made up by the large recording companies from monopolizing the airwaves and effectively barring the competitive fringe from getting some airplay.

      For there being a threat of monopoly, the start-up costs must be high. Starting up a radio station is rather cheap -- unlike getting decent content... Should the mass public truly begin to suffer from the poor content of the "tight oligopoly", new stations will spring up and make lots of money on advertisers eager to reach their audience.

      I'm curious, you mentioned your native country. What country is that?

      Ukraine. Governmental corruption is high there, which totally stinks -- I don't find it acceptable at all. But what businesses are doing between themselves -- I don't care. With possible exceptions of anti-trust/monopoly laws violations...

      --
      In Soviet Washington the swamp drains you.
    30. Re:I don't know much about music business... by Anonymous Coward · · Score: 0

      "By extension you would be OK with businesses paying news companies to supress news stories."

      this already happens, just ask FOX news about Monsanto's rBGH

    31. Re:I don't know much about music business... by N3Bruce · · Score: 1

      For broadcasters, particularly for audio, spectrum is not nearly as compressible as it is for cell phones, public service radios, and so on. Broadcast radio stations are always on, and use bandwidth when they are. An example of this is how long it takes a near CD quality (192Kbs) MP3 to be downloaded over an analog phone line. A typical 4 minute 192Kbs MP3 runs about 6 megabytes, more or less, and will take about a half hour to download over a typical 33.6 dialup connection. Downloading streaming MP3 audio, compressed in both bandwidth and dynamic range suitable for real-time downloading over a dial-up internet connection results in audio about the same quality as you would expect directly over an analog phone line.

      There is no free lunch here, but digital broadcasting is a great improvement over FM, which uses 200 Khz of spectrum per channel, 400 Khz spacing between channels in the same market, if you consider typical channel spacing to prevent adjacent channel interference. Digital broadcasting could in theory support several times the current density of radio stations in a given slice of spectrum. Increasing the number of stations that could broadcast in a given piece of spectrum without a degradation in audio quality could open up opportunities for radio stations owned by independent businessmen, nonprofit organizations and even hobbyists, rather than huge corporations that are compelled by their stockholders to squeeze every last dollar out of their investments.

      Bandwidth is like real estate, and when the purchase price or the rent skyrockets, only the most profitable business models survive, at the expense of quality. A street level analogy to this is the difficulty of finding excellent restaurants within easy walking distance of the downtown business district. Restaurants in areas of very high rent are usually very expensive and mediocre quality, where you pay $30 for a decent lunch, or $10 for a stale cold cut sandwich with 1 oz of slimy meat, a flat soda, and a bag of stale chips. I once ate one of these lunches in a restaurant across the street from the DC Convention center. Unfortunately, radio in many urban areas resembles that $10 lunch. Content is bland and full of advertising filler.

      Out in the small towns and away from the big city, or for that matter in some of the less expensive neighborhoods in town, that same $10 will buy a triple decker sandwich with over half a pound of meat and fresh toppings on freshly baked bread, enough fresh cut french fries to clog the arteries of a marathon runner, a bottomless soft drink, and an ice cream sundae for dessert. The same principle applies to radio. From my hilltop on the fringes one of the most expensive radio markets in the nation (Baltimore-Washington) I can tune up the band from 88.1 to 107.9 and not hear white noise anywhere on the band. I pick up the usual Clear Channel, Radio One, and Hearst Broadcasting outlets, and several major NPR outlets. In the chinks between the major stations, I can hear other stations from outlying areas in Western Maryland, Pennsylvania, and sometimes the Eastern Shore. Many of these stations are also Clear Channel clones, but tucked in the cracks are also a few gems operating out of small towns, with their fringe coverage penetrating into at least part of the metro area.

      Vested interests (the current licenseholders) and a large installed base of legacy equipment (Hundreds of millions of FM Radios) will make this transition difficult. Current licenseholders stand to lose much of their investment in bloated license costs, and many will balk at spending lots of money to be early adopters of the new technology. Look how difficult, corrupted, and twisted the transition from NTSC to Digital TV has become.

    32. Re:I don't know much about music business... by iminplaya · · Score: 1

      I remember a time when it was thought to be impossible to pass better than 14.4K over a phone line. Please don't accept present day limitations to be all there is. It gets better all the time. We could have T1 on dial up if we wanted to badly enough. HA! What am I saying??? I forgot about DSL. These things were thought impossible just 30 years ago. If bandwidth is like real estate, then our knowledge is like a volcano rising out of the ocean creating more...real estate. You said it yourself in your last paragraph. The real problem here is good old fashion greed. They keep the value of their licenses by "creating" a false shortage.

      --
      What?
    33. Re:I don't know much about music business... by N3Bruce · · Score: 1

      I agree totally about greed creating a shortage of bandwidth, both in land lines and over the air. Bandwidth on analog phone lines is limited to 3KC because of the limitations placed on it by the Telco's older multiplexing schemes, which deemed 3KC to be adequate for voice communications. I am currently beyond the reach of Verizon's desire to implement DSL technology, and pay $65 a month to call the Baltimore Metro area (I am 2 miles outside of the Metro calling area) and surf the net at a blistering 28.8, when the line noise isn't to bad and it doesn't rain or get too windy. Believe me, I have tried to get Verizon to fix it, but after 8 visits and 2 swaps of local pairs, I have given up. This is the effect of greed and legacy systems.

      A bit off topic, Verizon is in serious danger of losing my business, on the land line anyway because I am seriously looking at Comcast, if they can bundle broadband with a VOIP solution and basic cable for less than $100 a month. Another option is Wireless Broadband, which is being implemented in many areas around here. Perhaps that will come before Verizon gets around to getting DSL out here. I also think about converting some of my AO-40 gear to a high power WiFi setup, and "find" a broadband connection somewhere on the horizon. A 3 foot dish can talk a long way.

    34. Re:I don't know much about music business... by Anonymous Coward · · Score: 0

      Sure, as long as the newspapers ran an article saying who was paying them how much to have what suppressed :)

  4. Because without the loophole by Exmet+Paff+Daxx · · Score: 4, Insightful

    Radio stations would have to play what people wanted to hear.

    --
    If guns kill people, then CmdrTaco's keyboard misspells words.
    1. Re:Because without the loophole by mi · · Score: 1
      Radio stations would have to play what people wanted to hear.

      That, or what you think, they ought to want to hear?

      --
      In Soviet Washington the swamp drains you.
    2. Re:Because without the loophole by bergwitz · · Score: 2, Insightful

      In my experience people listen to what's played on the radio... or on MTV. That's what they want to hear. On the other hand, there might be more difference between the different stations if it wasn't for this loophole.

      --
      Evolution is just a scientific theory. Creationism is not.
    3. Re:Because without the loophole by hhawk · · Score: 1

      Or what the DJ actually wanted to play... either way, a real human making subjective choices.

      --
      http://www.hawknest.com/
    4. Re:Because without the loophole by X_Bones · · Score: 3, Insightful

      Radio stations would have to play what people wanted to hear.

      That's cute and all, and certainly plays well on slashdot, but it ends up sounding pretty stupid when you consider that the number of radio listeners has actually been growing for the past few years. Radio stations are obviously doing something right, and that something is "play[ing] what people want to hear."

      I'm sure that you (like many here, including myself) don't listen to much mainstream radio, if any. You don't like what they play? Everyone has different tastes, nothing wrong with that. But don't make the mistake of thinking that because you think something sucks, everyone else feels the same way too.

    5. Re:Because without the loophole by BlowChunx · · Score: 1

      You sure it's not just because people are spending more time in their cars? That would be called a "captive audience".

      (And no I didn't read your link. It required a frickin' cookie, and somehow I didn't feel like feeding wargod.arbitron.com ...)

    6. Re:Because without the loophole by Igmuth · · Score: 5, Insightful

      The question is though, do they listen to it because it's played? Or is it played because they listen to it?

    7. Re:Because without the loophole by Striikerr · · Score: 1

      " Radio stations would have to play what people wanted to hear."

      You mean people DON'T want to listen to Britney Spears over and over on the radio?!? (or Hanson)
      I remember having to listen to Celine Dion singing 'My Heart Will Go On' over and over on the radio and it has made me hate that song with a passion.

    8. Re:Because without the loophole by Didion+Sprague · · Score: 5, Insightful

      That, or what you think, they ought to want to hear?

      Exactly. Excellent point. Whenever the subject of music comes up, you always get the freaky clove-smoking oddballs who claim that radio doesn't play OBSCURE BAND X. The implication, of course, is that OBSCURE BAND X on OBSCURE LABEL Y is objectively (no questions asked) "better" music than NOT-OBSCURE BAND A.

      And what usually happens, once the freaky clove-smoking oddball launches into the first attack, several additional attacks follow -- all of which list more OBSCURE BANDS from OBSCURE LABELS. Subtext here -- always -- is: gee, if only folks would listen to this music, we'd all be "better off".

      Most of the music -- from where I sit, at least -- listed is wretched. This is my opinion, of course, but for whatever reason, the clove-smoking oddballs don't seem to understand the idea of "subjectivity" in art. I don't either, but I pretend I do -- and by pretending, I'm at least making an effort at being charitable and understanding that usually the reason that obscure bands are on obscure labels is that the music isn't appealing to a large audience. It may appeal to a small audience, but the commercial potential probably isn't there. So, okay: fair enough.

      But I suspect -- and have no proof, of course -- that the only reason the clove-cig smoking oddballs list the obscure bands is to say, hey, look at me, I have distinct musical tastes and now this little band out of Idaho called the Blue Fonzies that plays *real* punk music, blah blah blah. I also suspect that the clove-crowd is pretty narcissistic and isn't able to think that, well, some folks *do* like Britney and Usher and Justin and that's okay. Personally, I don't -- I abhor the hip-hop stuff, yet (paradoxically) I have a hard time latching onto the Blue Fonzie-like bands from Idaho for (mostly) ideological reasons. They piss me off -- not tha band, but what band stands for -- and the sort of clove-cig smoking idiots that use art as ideology in order to drive home an uncharitable, narcissistic point that says nothing about the music industry, music in general, the band, or even the state of contemporary culture.

      It says: hey, look at me, I like the Blue Fonzies. Ergo, I'm hippy-dippy cool.

    9. Re:Because without the loophole by ThomaMelas · · Score: 1

      Um, let me make sure I'm reading this right. I looked at your chart, and went from left to right. It doesn't look like an increase at all but a downward trend. The numbers are the number of listeners per hundred people, correct? If so, the smaller numbers would indicate that there is a downward trend? I may be reading that chart wrong but it doesn't look like it supports your statement.

    10. Re:Because without the loophole by bitingduck · · Score: 1

      People listen to it because it's played. There were a couple articles in the LA Weekly about a month ago about how CD sales are actually going back up, but the way they're distributed is changing. The top sellers are selling fewer than ever, but the smaller labels (whether independent or boutique from the majors) are selling more, and the authors attribute this to file sharing-- people are no longer limited to radio or their circle of friends for previewing new music. They can preview with shared files, and if they like it buy more (and higher quality) recordings.

    11. Re:Because without the loophole by X_Bones · · Score: 1

      If you're looking at the default chart, it's set to average quarter-hour rating ("AQH Rating") which is only available for select locations. Choose "Cume Persons" instead.

    12. Re:Because without the loophole by liquidsin · · Score: 1

      The group you're speaking of (and hey, lay off the clove cigs...they're tasty, dammit) are a fringe group. The vocal minority. You know, I use linux and a Mac, but I don't feel the need to try to make everyone else see things my way. But a small vocal minority (let's call them "zealots") would have you believe that their way is the only way. Now, I'm sure you're an open-minded individual who wouldn't judge a goddamn computer OS based on the crazy ramblings of zealots like RMS or /.'s own Michael, right? Or would you? You seem willing to block out indie label music from your listening based on the people who like it. I guess OBSCURE CANADIAN BAND (not obscure in Canada, but elsewhere) Sloan put it best when they sang "It's not the band I hate, it's their fans".

      Hey, look at me, I like Gentoo Linux. Ergo, I'm hippy-dippy cool.

      --
      do not read this line twice.
    13. Re:Because without the loophole by Kwil · · Score: 5, Informative

      Ooo.. lookie.. the cumulative number of people listening to radio increases over the years.

      Ooo.. lookie.. the cumulative number of people born increases over the years.

      Congratulations, you've just managed to find a (very poor) measure of population growth.

      Every stat except the cumulative shows a downward trend. This includes the TSL (which I assume stands for Total Seconds Listened). More people, listening less. That certainly says something about the quality of radio, doesn't it?

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    14. Re:Because without the loophole by Music+To+Eat · · Score: 1

      It goes far beyond local punk bands though. There are great bands with clever songwriting and creative songcrafting. They have large followings and still they recieve absolutely no radio play. Radiohead, Wilco, Aimee Mann, Suzanne Vega, The Jayhawks are all better than 99% of the music being made right now. Everyone I've played them for has become fans, yet you'll never hear them on a clear channel or Infinity station. Why? I really don't think it's because their music is unappealing. How can people make that determination if they've never even heard them anyway? I think it's because those stations are not being paid to play them. Luckily here in Philly we have great independent stations like 88.5 that do play them. If it wasn't for them I wouldn't hear much new music that I actually like.

    15. Re:Because without the loophole by borkus · · Score: 1

      The last couple of week's billboard charts are actually indicative of how out of sync radio play is with people's desires. Interpol's latest album Antics hit 13 for top sales the week of its release. Brian Wilson's release of Smile also hit the top 20. Neither hit the top 100 in related air play charts. So people like this music; at least they're passionate enough to buy it the week of release. But neither album fits into a commercial format. Also, both releases are on independent labels - no payola.

    16. Re:Because without the loophole by dasuridai · · Score: 1

      You are missing an important point in the functioning of the music industry. Music is sold like any other product. Industries that sell to large markets benefit from a homogenous base. That is, since the market is limited, the industry benefits from everyone liking the same things. It is much more difficult to manage and sell 1000 bands than it is to manage and sell 10. And now everyone's favorite:

      1)Create demand for band x
      2)...
      3)Profit!

    17. Re:Because without the loophole by hajibaba · · Score: 1

      Hey! I smoke clove cigs, you insensitive clod!

    18. Re:Because without the loophole by Anonymous Coward · · Score: 0

      How can people make that determination if they've never even heard them anyway?

      Huh? That's why P2P is there in the first place. And that's why P2P will SAVE the recording industry, the labels, and eventually "radio" as we know it.

      And if you can't find the songs on any (il)legitimate P2P network, then you probably understand what needs to be done. Stop yapping elitist claptrap and pretending like you know more than someone else who doesn't like your music. This isn't some moral mission to establish cultural hierarchies of "good" and "bad" music. It's a (fairly) simple mission to get the music out there in the first place.

      The renegades understand the boundaries of the power-brokers and how those boundaries do two simple things: reinforce themselves and thereby legitimize their hegemony and reinforce postive ways of negating new cultural trends which pose a threat to the dominant ideologies of those able to reinforce the boundaries in the first place. The RIAA, for example, declares the boundary and then enforces it -- and because it's a powerful entity in our particular culture, its able to call its own shots, referee its own game, and change the rules as it pleases. P2P is the insurgent threat -- yet (as is the case with most threats of this nature) it promises secular (or, in the case of the RIAA, economic) salvation to that which it initially threatens.

    19. Re:Because without the loophole by ShawnDoc · · Score: 1

      Throw Insane Clown Posse up there. Their last album debued at number 12 on the charts, and was number 1 on the indy chart for weeks. But when was the last time any radio station anywhere other than Detroit played their music? Heck, MTV actually called the police and had their fans removed from outside TRL a few years ago because they didn't want to show them on TV, and invalidated all votes for ICP's TV friendly video that the band was pushing because ICP's managed to garner enough votes that by TRL's rules the video should be played on TV. But nope, the band doesn't have an image at MTV wants to promote (Or didn't like the fact that a band that doesn't pay them to play their videos actually got enough votes to appear on TRL), so they just invalidated the votes and had the police remove their fans.

    20. Re:Because without the loophole by The+Patient · · Score: 1
      TSL is actually Time Spent Listening, but your interpretation makes just as much sense.

      Quality is subjective, as one person's trash is another person's treasure, but I'd say that it is a factor -- along with increasingly hectic lifestyles, which leave less time for listening, and the explosion of other user-controllable listening choices, notably the iPod.

    21. Re:Because without the loophole by Anonymous Coward · · Score: 0

      I think more to the point, financially strapped radio stations would have to invest the time and money to learn what people wanted to hear.

    22. Re:Because without the loophole by Anonymous Coward · · Score: 0

      Obscure Labels?

      Why on earth should I CARE what production house printed the stoopid CD? Is the music so much more original because it came from TW? NO. Are the production values and mixing so much better? Arguably NOT.

      I never know or care what label the band lists under, and I would never notice if they changed.

      Granted, I am not a great consumer of music. But I just cannot see anyone saying "Hey what new alblums did Sony come out with this week?"

    23. Re:Because without the loophole by Music+To+Eat · · Score: 1
      How can people make that determination if they've never even heard them anyway?
      Huh? That's why P2P is there in the first place.
      Yes, but how do you know to download it if you've never heard of them? Are you suggesting I should download every song on P2P to find the ones I like? I agree that P2P has put a lot more power into the hands of people, but it still leaves a lot of chaff to shift through. That used to be the job of DJ's. They'd listen to all the new music and play the stuff they liked. People would tune into DJ's they shared the same personal tastes with. Now the DJ's have no control over what they play. They're handed a playlist and that's it. Some marketing suit is deciding what we should like.
      Stop yapping elitist claptrap and pretending like you know more than someone else who doesn't like your music. This isn't some moral mission to establish cultural hierarchies of "good" and "bad" music. It's a (fairly) simple mission to get the music out there in the first place.
      I didn't relize it was elitist to say I don't like the music on the radio, here is some music that I think is better and should be on the radio. It would be elitist to somehow think I was superior for liking certain music, and I never said that.
    24. Re:Because without the loophole by Anonymous Coward · · Score: 0

      I listen to mostly all obscure music. I do listen to my share of popular stuff (won't buy any RIAA stuff, but that's a different discussion), but for the most part, I listen to obscure stuff, and feel most of it IS better than popular music. This is not because of any kind of elitism, or trying to give off any kind of some sort image.

      I really like music. Popular music makes up a gross minority of the available, professionally released music. It stands to reason that of all the non-popular music out there, much of it must be good. And I have found this to be true. The big difference between high quality obscure labels and the popular mainstream, RIAA, labels is funding for advertising. I think if more people were exposed to more obscure music, they would like it. And, I share music with people all the time, and find this to be true.

      The problem with most clove smocking odd balls is that they think everyone else will like the same obscure bands they do, even though they usually listen to a very specific niche of music. If you like Britney Spears, it isn't unreasonable for you to not like Skinny Puppy. But, if you like Evenescence, you may!

      Obscure music isn't necessarily obscure because it doesn't have enough commercial potential, per se. Part of it is because there is SO much music out there, not everything can be popular. And sure, somethings have enough of a niche type of appeal that millions of people are not all going to like it. But, in its niche, or to people into what these artists are doing, the obscure music is better than anything else out there.

    25. Re:Because without the loophole by fucksl4shd0t · · Score: 1

      That is, since the market is limited, the industry benefits from everyone liking the same things. It is much more difficult to manage and sell 1000 bands than it is to manage and sell 10. And now everyone's favorite:

      Except that the record labels don't manage the bands. The bands get their own management, their own booking, their own agent, their own lawyer, their own accountant. The bands pay to record the record, pay for the artwork, etc. The band also pays the producer, iirc.

      The record label pays for their portion of the marketing (which is payola, and a few other things). The record label pays to print the record. That's pretty much it. They then proceed to charge back most of their costs to, guess who?, the band. In the end, the record label winds up paying damn near nothing, selling the thing a million times, and then sues the band for not paying their bills, the whole time keeping their royalties until they pay up.

      And the bands can't start doing anything about it as long as radio and MTV are pay to play.

      Then along comes the internet, and the bands have a viable replacement for radio, new distribution channels, and new marketing channels that are independent of the record label, and the labels can't control it. Freedom is around the corner for the bands. So naturally the labels step in and try to stop it. That fight is still waging.

      In the meantime, this fella comes along and decides to fight the record labels on their own turf. :) I find this good news, I hope he fights hard and wins.

      --
      Like what I said? You might like my music
    26. Re:Because without the loophole by Anonymous Coward · · Score: 0

      Heh, what's up with the 88.5. That's the freq for our alternative/community staion here in Tampa :) (WMNF)

  5. Good Idea by hhawk · · Score: 3, Insightful

    This is good news.. these laws have long been ignored and in the age of consolidated mega media, "pay for play" is just part of the SOP.

    They should enforce the law or remove it from the books. But if big media can't get the radio play they want, it really makes it hard for them to produce mega hits "on demand."

    --
    http://www.hawknest.com/
    1. Re:Good Idea by !ucif3r · · Score: 5, Informative

      I have to agree with that. I didn't actually know there was a law against this (and for all I know there isn't where I live in Canada) but I noticed this happening about 2 or 3 years ago in Canada.

      Radio stations I used to like to listen to were playing top 40 hits non-stop during the day, and often two stations would be playing exactly the same song at the same time. I said to myself, that isn't music it's advertising space.

      In Canada there was a backlash against it by a number of top DJ's who got sick of playing this crap and the left to join a group of radio stations that were formed across the country (by a big corporation mind you) that lets them play whatever the hell they want. It ain't always in my taste but I guaruntee no one paid to get Whitesnake or Genisis played ;-).

      Hopefully this means the Rock/Classic Rock stations I was listening to can stop playing top 40 music.

      --
      "Take that Lisa's beliefs!" - Homer Simpson
    2. Re:Good Idea by Anonymous Coward · · Score: 0

      Have you listened to Jack FM lately? I'm hearing diabetically charged crap on there too. I'd like to hear a station with nothing but independants (like myself). No payola, no major labels, no top 40, just unique starving artists with something to say.

      That would be cool.

    3. Re:Good Idea by Anonymous Coward · · Score: 0

      No offense, but if it's the stations I think you mean you couldn't be further off. Jack FM is copy of an Internet streamer in the States, rolled out most successfully by the largest media corporation in Canada. DJ's had nothing to do with it. And yes, I work at one and was integral to the process (AC for obvious reasons.) Competitors soon followed suit with "Bob" formats and the like. I can absolutely guarantee you that like any other station a music director compiles the next day's playlist and dumps it into the automation system exactly like the did with the prior format. DJ's do have slightly more latitude and can change some songs, as long as they stick to the playlist and maintain the correct percentage of Canadian music per shift, but it's a far cry from the heady early days of free-form FM when DJ's came to work with a pile of records under their arm.

    4. Re:Good Idea by hackstraw · · Score: 1

      I guaruntee no one paid to get Whitesnake or Genisis played ;-)

      At least here in the US, ASCAP, the licensing company that collects royalties for broadcast music, collects a majority of their royalties from 70s and 80s music.

      70s I understand, but 80s, I dunno. I can't believe that people listened to Whitesnake then when it was OK to have big hair and neon.

    5. Re:Good Idea by !ucif3r · · Score: 1

      Fair enough, I'll buy that. I did hear about the internet copying going on, didn't know it was these stations though. It was a change from the formulaic music advertising going on pretty much everywhere. Personally I don't listen to any crappy Canadian radio stations. I listen to Virgin Radio UK and Virgin Classics on the internet. Personally internet radio is the best thing around, but sometimes like a little DJ talk.

      --
      "Take that Lisa's beliefs!" - Homer Simpson
    6. Re:Good Idea by Drakonian · · Score: 1

      Interesting, I didn't know about this. Do you know of any good links on the topic?

      --
      Random is the New Order.
    7. Re:Good Idea by hondo77 · · Score: 1

      It wasn't that long ago that people said the same thing about the seventies. Don't worry, eighties retro coolness isn't that far off.

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
  6. Come on. by Quasar1999 · · Score: 1, Interesting

    I have had the fortune of sitting in on a meeting with a potential client at a company. Let me say this... no contract or sale in the history of corporate life has ever been above board. I have never seen so much free flowing alcohol in my life... all to seal the deal... now if record companies do the same to get their crappy music on the air, good for them, it's how business is done... substitute music for software, or electronic equipment, and all of a sudden it just becomes normal business practice... I scratch your back if you scratch mine... sheesh...

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
    1. Re:Come on. by Steve+Cowan · · Score: 5, Insightful

      Music is not a manufactured commodity. It doesn't have feature sets, like computer software. Taste in music is subjective.

      Aren't you in the least bit frustrated to tune through the FM dial and find the same artists on 3/4 of the stations?

      Do you really believe that the reason independent artists are never played on the radio is that none of them are as good as commercial artists? The reason they get no airplay is because they can't afford to stuff the pockets of radio programmers. This system keeps the big labels happy, because they essentially own the FM radio band, and they use it as one big commercial for all their latest crappy music.

    2. Re:Come on. by Anonymous Coward · · Score: 0

      Actually, music is NOT subjective --- no more than is a beautiful face! Music is a "hard_wired" feature of human mental process. Complete with receptors, transmitors, up/down regulation .... Ya tickle it, and it laughs. The INDUSTRY feeds that hardwire audio_crack ( and video_cocaine ). Do they buy airtime? HA! You tell me what can be expected of the Hollyweird pushers.

    3. Re:Come on. by infinite9 · · Score: 1

      Aren't you in the least bit frustrated to tune through the FM dial and find the same artists on 3/4 of the stations?

      No. I'm frustrated to tune through the FM dial and find not one but five spanish speaking radio stations in Chicago when I can really only listen to three in english based on the type of music I'm looking for, which is faily broad. I'm ready for sattelite.

      --
      Disconnect your television. Do your own research. Draw your own conclusions. They're probably lying. Don't be a sheep.
    4. Re:Come on. by soft_guy · · Score: 1

      I work on projects where our company makes high volume purchases all the time. (OK, mostly electronics parts such as WiFi radios, microprocessors, etc.) and we do not have any paid for lunches, alcohol, hookers, etc. We actually base our decisions on what is best for our product/company.

      --
      Avoid Missing Ball for High Score
    5. Re:Come on. by Anonymous Coward · · Score: 0

      Music is not a manufactured commodity

      Absolutely true. It's found in naturally occurring music mines and growing on music trees. I fondly remember summer days lounging in the shade of a Beethoven's 5th.
  7. Ha-Ha! by HangingChad · · Score: 5, Funny
    Everyone who feels sorry for the record labels please raise their hand.

    Anyone...

    Anyone at all...

    Buhler? Buhler?

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:Ha-Ha! by ForestGrump · · Score: 2, Funny

      I do!

      I'd also like to say *thank you for the $50,000 check*

      --
      Is it true that more people vote for the winner of American Idol, than vote for the president? -Ali G.
    2. Re:Ha-Ha! by Anonymous Coward · · Score: 1, Informative

      You probably meant "Bueller."

  8. This is bad news. by Pig+Hogger · · Score: 2, Insightful
    Expect the RIAA to mount spin against Spitzer...

    I mean, how a mere official dare confront the biggest in the mind-shaping industry???

    Expect Orin Hatch to soon introduce legislation to legalize payola...

    1. Re:This is bad news. by Anonymous Coward · · Score: 0

      Actually I think the RIAA might want this as they have lost some control to the big radio broadcast conglomerates.

      A Nony Mouse

    2. Re:This is bad news. by shadowcabbit · · Score: 1

      Expect Orin Hatch to soon introduce legislation to legalize payola...

      That'd be funny, considering he fought against payola back in the 50s, according to this link (thanks to whoever posted it above).

      I'm behind Spitzer on this 100%. He seems to be quite the rarity these days-- a politician who's interested in helping the people.

      --
      "Why Subscribe?" Good question...
    3. Re:This is bad news. by Anonymous Coward · · Score: 0

      No the record industry will probably buy this guy a political career instead, and this will be all we ever hear of it.

  9. This is where ambition serves the public good by spaeschke · · Score: 5, Interesting
    I think beyond a sense of justice,Spitzer has primarily been going after all these high profile targets in a bid to bolster his (extremely promising) political career. He's cultivated a certain kind of Teddy Roosevelt reformer aura around him (coincidentally, Roosevelt also made his name in NY as chief of police, then governor). Look for this guy to be a major player in a few years time.

    Mark my words, very soon this guy will either be the successor to Pataki as governor, or Bloomberg as mayor. From there he WILL go national.

    1. Re:This is where ambition serves the public good by dr_dank · · Score: 2, Interesting

      Yep, he's also made national headlines for going after the shysters hawking those Freedom Tower coins claimed to be made of silver pulled from Ground Zero and is legal tender*.

      Sure it's a political powerplay, but one that actually benefits people.

      * - if you happen to be in the US Territory of the Marianas Islands.

      --
      Where does the school board find them and why do they keep sending them to ME?
    2. Re:This is where ambition serves the public good by TrentL · · Score: 3, Funny

      It would be awesome if Spitzer gets Ashcroft's job in a Kerry administration.

    3. Re:This is where ambition serves the public good by Anonymous Coward · · Score: 0

      It would be awesome if Spitzer gets Ashcroft's job in a Kerry administration.

      Flamebait response to a flamebait statement: Yes, but then we'd be stuck with Kerry and political agenda can be decided by which way the wind blows.

      I really hope Spitzer is working for the sake of work ethics rather than political ambitions. Politcal ambitions would imply that he's picking and choosing which task he should take based on which will benefit himself most. I don't know much about this guy so hopefully he just has good work ethics and is working for the benefit of the people.

    4. Re:This is where ambition serves the public good by spaeschke · · Score: 0

      While I'm anti-Kerry myself, I have to object to how you're characterizing what a DA does. His entire job is to choose what to go after, what to plea down, and whom to prosecute. Whether that's guided by the loftiest ideals or naked ambition really doesn't matter to me as long as it does serve the public interest.

    5. Re:This is where ambition serves the public good by Quinn_Inuit · · Score: 1

      I'm in NY, and I'll campaign for him if he does. I'm just worried that, if he keeps going after all of these different corporate malefactors, when the time comes to run the only friend he'll have left is the people. And we all know that's just not enough these days...

      --

      Stop learning! Only you can prevent esoterrorism.
    6. Re:This is where ambition serves the public good by spaeschke · · Score: 1

      Doh. Meant to reply to the anonymous coward and not you, Trent. That'll teach me to use the preview function.

    7. Re:This is where ambition serves the public good by DAldredge · · Score: 2, Insightful

      Why?

      Didn't kerry vote for most of the laws that allow ashcroft to do what you do not like?

    8. Re:This is where ambition serves the public good by Anonymous Coward · · Score: 0

      as long as it does serve the public interest.

      That was the point of my post. As long as he's serving the public interest with his work ethics rather than choosing which battles to fight based on what will benefit him politically, I have no problem. If the two overlap, then I don't see this as an issue, but if the political interest are the motivating factor, I see a problem. If he's allowing certain issues slip by because they wouldn't benefit him politically but they would benefit the public, that is where I see a problem. The real issue is how he's choosing which situations to pursue and the motivation behind taking action. I don't claim to know much about Spitzer so I am just hoping his motivation is not purely political.

    9. Re:This is where ambition serves the public good by jsoffron · · Score: 1

      I'm sure the RIAA will use Spitzer's potential move into political office to try and de-legitimize him and his actions, but I really don't think that it's a valid criticism. Why is it *more* legitimate for a public official to come from the military system than the justice system? Would people have said that Wesley Clark was working in the Balkans because he had political motivations, or that Ike was trying to defeat the Nazis to become the president? No - they were serving their country. Spitzer is as well, imo, and I'm glad that there's someone who's actually interested in enforcing the law. If there were more men like him "seeking political office" I think there'd be less men like Ken Lay ripping off hardworking people. It's become a cliche, but it's true - I've never seen a pickpocket steal a retiree's future. He's been working on crimes more vicious and less visible than the street crime that gets so much press, and should be commended for it. The only reason immoral business practices become mainstream is because there aren't enough people working hard enough to stop them.

    10. Re:This is where ambition serves the public good by Almost-Retired · · Score: 1

      the only friend he'll have left is the people. And we all know that's just not enough these days...

      It would be, IF the media didn't filter the news so well, thereby giving the people a very different slant on the man than his real life record might show him to be.

      Cheers, Gene

    11. Re:This is where ambition serves the public good by killjoe · · Score: 1

      Marijuana was illegal for a long time, despite this fact until reagan got into office nobody ever got arrested for smoking a joint.

      There are so many laws that you are a criminal every day. Every day you probably break 100 laws. Law enforcement decides which laws it will go after and which ones it will ignore. Ashcroft has decided to go after people who break the laws of his god and offend his own personal morality more then going after corporate criminals. One presumes the next AG will have different priorities.

      --
      evil is as evil does
    12. Re:This is where ambition serves the public good by Anonymous Coward · · Score: 0

      He voted for it before he voted against it.

    13. Re:This is where ambition serves the public good by JMPrice · · Score: 1

      I don't think he would want Ashcroft's job if he's serious about pursuing his agenda of "oiling" free American markets: New York's Martin Act empowers the state's attorney general to subpoena any financial information and confront any business that has any business ties to New York--that's right, not just businesses situated in New York. You'll notice Spitzer very rarely takes his issues to the court and instead wields the threat of litigation to influence the targeted companies' stock prices and instigate institutional change.

      More information:
      From National Review
      From today's Slate

    14. Re:This is where ambition serves the public good by BandwidthHog · · Score: 1

      Did ya hear that folks? Turns out we needn't bother to vote. Thanks AC, if it weren't for you I'd have wasted an hour of my time the Tuesday after next.

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    15. Re:This is where ambition serves the public good by soft_guy · · Score: 1

      Too true. My wife, daughter (age 9), and I went for a walk after dinner recently. We were walking down the sidewalk at about 8pm. A policeman stopped us and told us to go home. He made it clear that we would not like the consequences of not going home. I really think the government is out of control.

      --
      Avoid Missing Ball for High Score
  10. Slightly OT by curtvdh · · Score: 0, Offtopic

    First Spitzer reams the Mutual Fund houses, then the Insurance/Ripoff industry and now this. I'm begging all of you who can vote (I became a citizen 2 days ago - too late to register) to write-in Elliot Spitzer for President. Then we'll see some house-cleaning...

  11. I think They Might Be Giants said it best... by Anonymous Coward · · Score: 2, Interesting

    I could never sleep my way to the top
    'Cause my alarm clock always wakes me right up
    And since my options had been whittled away
    I struck a bargain with my radio DJ
    I said I'd like this song to be number one
    He said "I'd really really like to help you my son"
    And then I knew that I would have him to thank
    Because he asked me how much I had in the bank

    He said to think long term investment and
    That all the others had forgiven themselves
    He said the net reward would justify
    The colossal mess they'd made of their lives

    He said the record wouldn't have to be hot
    And no one ever seemed to care if it's not
    It would depend on something else that I've got
    And that the other ones who'd given it a shot
    Had seen a modest sum grow geometrically
    And then they had forgiven themselves
    Because the net reward had justified
    The colossal mess they'd made of their lives*

    Hey Mr. DJ, I thought you said we had a deal
    I thought you said, "You scratch my back and I'll scratch your record"
    And I thought you said we had a deal

    Well, I told you about the world (its address)
    I wonder when they're gonna clean up the mess
    You know the rabid child is still tuning in
    Chess piece face's patience must be wearing thin
    Because they haven't played this song on the air
    Not that anyone but me even cared
    And the Disk Jockey has moved out of town
    The district courthouse says he's nowhere to be found

    He said to think long term investment and
    That all the others had forgiven themselves
    He said the net reward would justify
    The colossal mess they'd made of their lives

    Hey Mr. DJ, I thought you said we had a deal
    I thought you said, "You scratch my back and I'll scratch your record"
    And I thought you said we had a deal

    Maybe like the guys down at the NYPD, the US Attorney's office are fans too?

  12. This is a waste of taxpayer's money by 91degrees · · Score: 4, Funny

    As we all know, the record industry are bastions of honesty and fair play, and the sole crusaders against evil terrorist pirates who steal music, and therefore murder the poor artists who create the songs.

    Given their record of fair play, being law abiding citizens, and their respect for the laws of this country - so great that they even write the laws - it is quite clear that they have not done anything wrong, and should not be investigated at all.

    1. Re:This is a waste of taxpayer's money by theparanoidcynic · · Score: 1

      Yeah! I mean look at them: They even call their fairness regulation products things like FairPlay and Harmony. If that doesn't make them forces of good I don't know what does . . . . . .

      --
      Only in a Slashdot fantasy can a Slackware install turn into several hours of sex . . . . .
    2. Re:This is a waste of taxpayer's money by SpamKu · · Score: 1

      "Given their record of fair play..."

      Ha. Ha-ha-ha. Ha ha.
      "Fair Play"
      Oh yeah, Man. That was a good one.
      .

      --
      If I had a real .sig, it would go here.
  13. Re:God Damn by djdrew6k · · Score: 0

    What with this, and with his attacks against the Money Market industry and the Insurance Industry, both of which are shaking up the cronies and tycoons and is sending fear down their spines, I'd have to agree. It's about time that an attorney general used his power for real, world-changing causes.

  14. Perhaps an unpopular opinion, but... by pla · · Score: 3, Interesting

    I doubt anyone will want to hear this, but I fail to see why more traditional advertisers can pay-per-play to get their message out, but the RIAA (which has music as its product, thus radio play seems comparable to giving out free samples of product) cannot?

    Don't get me wrong, it actually does please me to hear about the government finally cracking down on payola, and I hate the RIAA as much as any self-respecting geek. But in this case... I wouldn't necessarily call it black-and-white. Perhaps a matter of monopolistic control of a market, but beyond that?


    As an aside... This addresses labels trying to do an end-run around the payola laws... But a much more obvious way to comply in letter if not in spirit exists. Payola laws forbid paying for songs without admitting it. Who sees the next big thing in radio as "and now, BoiBand9000's latest hit, brought to you by the kind, friendly, law-abiding, just-shy-of-saintly folks at Sony"?

    1. Re:Perhaps an unpopular opinion, but... by viniosity · · Score: 1
      but I fail to see why more traditional advertisers can pay-per-play to get their message out, but the RIAA (which has music as its product, thus radio play seems comparable to giving out free samples of product) cannot?

      One reason I think this is bad is because the record labels control the destiny of so much of the musical talent that they can make and break the artist based on their distribution. A lot of that being the radio stations.

      Hence, music goes from being something of a meritocracy (where the best is played more often) to a sham (where the artist who signs their life away to the recording studio gets the most play.)

      Now, it's a given that somebody will make the decision on the playlist anyway so really this will only have an impact if it's combined with laws that require more ownership fragmentation across media outlets.

    2. Re:Perhaps an unpopular opinion, but... by Anonymous Coward · · Score: 1, Informative

      They already do pay-for-play with legal disclaimer. Couldn't find the link, but I read an article a few months back about how, late at night, radio stations are payed to play a certain song, say, 10 times in a row, from 2-3:30 AM. Why? Because Billboard's rankings don't discriminate between legitimate plays and paid plays, so record companies buy time on small town radio stations and play the song over and over again to boost their rankings.

    3. Re:Perhaps an unpopular opinion, but... by mausmalone · · Score: 4, Insightful
      I doubt anyone will want to hear this, but I fail to see why more traditional advertisers can pay-per-play to get their message out, but the RIAA (which has music as its product, thus radio play seems comparable to giving out free samples of product) cannot?
      I don't know if this answer will be satisfactory or not, but the general gist is built around the premise that (a) the air waves belong to the people and that the broacasters are granted the right to use them because they serve a public good (bringing culture to the people through music, disseminating news and bulletins, keeping the masses happy), and that (b) there's a difference between "content" and "advertising."

      Now, if you subscribe to this mentality, the law falls into place nicely. Since the radio stations are there for the public benefit, it is up to the public (by way of representatives and laws) to determine how they should conduct business. Also, since there's supposed to be a division between content and advertising, and I think we can all agree that that division is in the public's best interest, codifying that division can only support the public's best interest.

      Again... this all makes sense if you agree with the original mindset in which the law was written. To sum it up, here's the basic logic (since that last paragraph was poorly written and hard to follow):
      • Radio stations are allowed to broadcast by the government (acting as representatives of the people) for the public benefit.
      • Radio stations have "content" (music, talk shows, etc ... ) and "advertising" (pre-recorded ads, endorsements, contests, etc ... ). Keeping these separate allows to strengthen the public discourse while providing the radio station enough money to operate profitably.
      • By allowing companies and industry groups (like RIAA) to "pay for play" in the content section, the "public discourse" is taken away from the public and given wholly to the industry. As representatives of the public, the government should try to stop this.
      • Furthermore, by having a "pay for play" policy, recording companies with less money are unable to get their songs heard and can never compete with the larger labels. This creates a oligopoly (like monopoly, but instead the market is cornered by a "group" of companies), which is against the competition model of our society's capitalist system.
      Agree or not, hopefully that will make the intention of the law clearer. I thoroughly understand your viewpoint, though, and I agree that dictating what a company can or can not do is a little risky, but only if you're a laissez-faire Republican (one who believes government should be reduced in size, and take a less-active role in day-to-day life... i.e. a classical conservative). The fact of the matter is that industry is subject to regulation all the time, usually in a way that supports the public good (i.e. environmental laws, zoning laws, bribery laws, accounting laws, etc ... ), and that this law was intended to serve the public good. Whether it (a) actually does, or (b) is over reaching is tottaly up to your interpretation of the "public good" and how far you think government should be allowed to go to serve it.

      ::whew::: ... that was a long one.
      --
      -=-=-=-=-=
      I'd rather be flamed than ignored.
    4. Re:Perhaps an unpopular opinion, but... by wintermute740 · · Score: 1

      'Who sees the next big thing in radio as "and now, BoiBand9000's latest hit, brought to you by the kind, friendly, law-abiding, just-shy-of-saintly folks at Sony"?'

      Or worse... After every song, two minutes disclaimer after every single song... In which case, I think every paid-for song on the air should include "No sheep were hurt duing the recording of this song" as part of that disclaimer... Unless, of course, sheep *were* hurt during the recording of said song ;)

    5. Re:Perhaps an unpopular opinion, but... by Secrity · · Score: 2, Informative

      There is nothing at all illegal about pay per play, as long as the pay part is disclosed or obvious to listeners. There have been artists who have legally paid to have their music broadcast, it just has to be disclosed or obvious. The payola laws are not limited to radio, it includes TV also. Did you ever wonder why game shows show a list of companies that have paid commercial consideration or why anybody would care who provided a game show host's crappy suit? Some of the TV shows in the '70's even said who provided the cars used on the show. Those disclosures are to comply with the payola laws. See http://www.vocalist.org.uk/airplay101_payola2.html

  15. Who are the bad guys here? by nwbvt · · Score: 2, Insightful
    I know everyone here loves to bash the record companies, but they are not the bad guys in this case. Here it is the radio stations for using the "independent promoters" to get past the payola laws.

    Think about it, who benefits from payola, the bribers or the bribees (don't know if that is a real word, but lets pretend it is)? The record labels are forced to pay just to get their music on the air, while radio stations get to cash in on the label's desperation. Pretty much any competent record company exec would prefer to get that promotion for free, and in fact that have written complaints over the practice in the past (just the people who would normally be on their side in such a case are convinced in their close minded world that everything a record company does must be evil).

    --
    Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    1. Re:Who are the bad guys here? by orulz · · Score: 2, Interesting

      Be careful, lest we should forget that the radio stations are evil as well. If this is a major source of dough for the buyer of mass swaths of frequency and stomper of all private, unique, and worthwhile radio stations, I say take it away! Even if it means benefitting the record labels.

      And as far as the radio stations are concerned, without the cash kickbacks from the labesl, even ClearChannel stations may be more willing to play independent / non-major-label music. Fat chance, I know, but as far as I can see, everything about this move is good in principle.

    2. Re:Who are the bad guys here? by Anonymous Coward · · Score: 0

      Payola takes two parties to break the law. The "independent promotors" are employees of the record companies.

      That's why they're telling the record companies to kick in some information regarding who is on their payroll.

    3. Re:Who are the bad guys here? by grasshoppa · · Score: 4, Insightful

      Whoa, nice spin.

      Here's the deal: This is a system perpetuated by both the music industry AND the radio stations, but the music industry is in charge, make no mistakes. If they really didn't like the system, they could have and would have phased it out years ago.

      But I think they know they have too much to loose.

      They essentially have a monopoly over FM playlists, which means they can push out whatever teeny bopper crap they come up with and know, just KNOW, that it will sell well. Why? Good question. The answer is, because we are sheep. Peer pressure is a powerful force, for every age group, but especially the ones they are targetting.

      Now, the radio stations are just as addicted to this problem as the labels, but they are NOT in control. If the labels decided tomorrow that they weren't going to pay out anymore, the stations would fail fast.

      The music industry is right where it wants to be: It can dictate play lists to the music stations.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    4. Re:Who are the bad guys here? by Anonymous Coward · · Score: 1, Interesting

      If the record companies have been getting such a bumm wrap, why have they been doing it for years and years and years? Besides, it's not them who pay for it. It's the radio station's advertisers, listeners who buy the music, and everyone else involved with the whole process. The record companies are simply watching the money go out to promote, watch the money come in, keep some for profits, and send the rest out the door to keep promoting.

      All in all, it's a great deal for them. They outsource their promotions to the radio companies, who get to charge for doing what they were just paid to do by the advertisers (play music along with their ad). The more money they can get us listeners to part with, the more that run through their company so they can skim some off for profits.

      They'll never have a lack of music to throw at us because young kids all over are scrambling and doing all they can to get contracts signed. And when they do, hey, the whole promotion system is owned, there's very little hard work to do to get listeners to part with their money.

      Endless vicious cycle. It's not all that bad - that's what capitalism is all about. But when it's used to influence people against their best wishes (part with all your money!), it can and will collapse on itself some day.

    5. Re:Who are the bad guys here? by ThatsNotFunny · · Score: 0

      Sure, and my drug dealer is not the bad guy, I'm the evil bastard for wanting my sweet, sweet chronic. You can't blame only one side. Both sides are evil.

      --
      "Was it a millionaire who said 'Imagine No Posessions?'" -- Elvis Costello
    6. Re:Who are the bad guys here? by hyphz · · Score: 2, Interesting

      Yea, exactly.

      Look at the original example. The indies are paying $100,000 a year to the stations, and the record companies are paying a total of $30m a year to the indies!

      So it's pretty obvious that, if the music firms weren't benefitting, they could just pay each of the radio stations $200,000 a year *NOT* to follow any indie's playlist. They wouldn't be able to buy play of their own songs, that would break the law; they would just, effectively, be paying the station for NOT using promoters. Bad deal for them? Doubt it - if people still wanted to hear their songs, they'd get them played for a fraction of the price they'd pay the indies.

      But no. They refuse, because as much as they may feel put-upon by the indies, at the end of the day it's a *good* thing for them that the cost of doing business is inflated - because it keeps anyone else from doing business.

    7. Re:Who are the bad guys here? by liquidsin · · Score: 1

      Think this through before you go spouting off. Who do you think would buckle first if the record companies said "fuck it then, we won't pay", the record companies, or the radio stations? Just how many listeners would top 40 stations have if they suddenly had no music to play? And with no audience, how do they get advertisers? The stations would be dead in the water within a week of the labels pulling that stunt. They're not grudgingly playing along to stay afloat, this is just a normal cost of doing business, and they pass that cost on ot the artists anyways.

      --
      do not read this line twice.
    8. Re:Who are the bad guys here? by Idarubicin · · Score: 1
      Look at the original example. The indies are paying $100,000 a year to the stations, and the record companies are paying a total of $30m a year to the indies!

      That's a hundred thousand dollars per year to each station. The indie 'promoters' are taking a cut, but the majority of the payola they receive from the record companies does go into the 'promotions' money paid to the radio stations.

      It would also be very difficult, legally and politically, for a label to channel money directly to the radio stations even if it was 'expressly' not payola. ("We're going to give you a hundred grand this year to play what you want--*wink* *wink*") The label wouldn't see any benefit from this, either--all it means is that the payola isn't laundered through a middleman.

      --
      ~Idarubicin
    9. Re:Who are the bad guys here? by ThatsNotFunny · · Score: 1

      How can that be modded overrated if nobody else has modded it yet?!?

      --
      "Was it a millionaire who said 'Imagine No Posessions?'" -- Elvis Costello
    10. Re:Who are the bad guys here? by nwbvt · · Score: 1
      "If they really didn't like the system, they could have and would have phased it out years ago."

      And lose the radio airplay that is essential for their artists? No way.

      "They essentially have a monopoly over FM playlists"

      Not even close. Hundreds of labels, with most (though not all) of the big ones owned by 6 or so larger record companies. Thats far from a monopoly. At best its an oligopoly, but that fails to take in account the fact that should the indies get nearly exclusive control over the radio playlists (which is pretty much what would happen if the majors could all agree to stop paying) they would dominate the market.

      "which means they can push out whatever teeny bopper crap they come up with and know, just KNOW, that it will sell well."

      Actually most of their artists do horrible.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    11. Re:Who are the bad guys here? by nwbvt · · Score: 1
      "Who do you think would buckle first if the record companies said "fuck it then, we won't pay", the record companies, or the radio stations?"

      The record label. Well they wouldn't go bankrupt or anything if they are owned by a larger company like Sony, but their business would fall. The radio station on the other hand could just move over to the next label. Believe it or not, there are quite a few labels out there, despite what you may read on /..

      Sorry to introduce facts that challenge your close minded perception of how the music industry runs.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    12. Re:Who are the bad guys here? by liquidsin · · Score: 1

      You seem to be under the impression that major record companies are working independent of each other, and not in collusion. Don't get me wrong, I like a lot of indie music, but when britney and nickelback fall off of every radio station, the listeners will go away.

      --
      do not read this line twice.
  16. Re:God Damn by Anonymous Coward · · Score: 0

    He's like Teddy Rossevelt, but there's no way he'll be able to trick the robber barons into electing him. And if he was shot while giving a speech, he'd probably sensibly goto the hospital too.

  17. Elected Officials by Apreche · · Score: 5, Insightful

    I don't know if attorney general is an elected position, but that doesn't matter. We need to send the message to people in our government that the more they do stuff like this the more likely they are to get our vote. The two presidential candidates have not even said a word about taking out evil corporations. And the third party candidates might say something about it, but have no track record of actually doing so. I want the people who represent me to know that if they do things that hurt record companies, the MPAA, media companies, etc. That I will proudly vote for them regardless of political affiliation.

    Did you hear that?

    --
    The GeekNights podcast is going strong. Listen!
    1. Re:Elected Officials by Anonymous Coward · · Score: 1, Insightful
      And the third party candidates might say something about it,

      you mean there are more than 2 parties in the U.S.A.?

    2. Re:Elected Officials by thefirelane · · Score: 2, Interesting

      have not even said a word about taking out evil corporations

      Could you possible explain which ones those are? And what exactly is 'taking out'. Are you saying the government should be able to arbitrarily rule that a certain entity is 'evil' and therefore disband it?

      More over, I'd like you to point out some evil corporations, because most likely 'taking them out' will not gain politicians votes, even though you wish it would. This conversation often goes something like this...

      Walmart is evil! The politicians would get votes if they'd 'take it out', but they don't because the corporations control them.

      So the politicians should impose a tax? Or fine Walmart for being evil? Or something of that nature?

      Yes

      But don't millions of people shop there? Often because it provides lower prices than anyone else? Wouldn't fining them raise the price to these millions of shoppers?

      Umm...

      Then wouldn't those millions of shoppers vote against who ever raised their grocery/clothes bill?

      Yea, probably

      Therefore, aren't the politicians doing exactly what people want? You know, the way a Democracy works?



      I think you get the point...

    3. Re:Elected Officials by barzok · · Score: 1

      The AG in NY is an elected position. Spitzer is also gearing up for a run at Governor in '06.

    4. Re:Elected Officials by Poppler · · Score: 1

      The two presidential candidates have not even said a word about taking out evil corporations. And the third party candidates might say something about it, but have no track record of actually doing so. (emphasis added)

      Ralph Nader does.

      Though he's not "third party" anymore, he ditched the Green party (or the Green Party ditched him, depending on who you ask).

      --
      What's the ugliest part of your body? Some say your nose, some say your toes, but I think it's your mind. -Zappa
    5. Re:Elected Officials by BandwidthHog · · Score: 1

      And what exactly is 'taking out'. Are you saying the government should be able to arbitrarily rule that a certain entity is 'evil' and therefore disband it?

      Actually, that's the way it's supposed to work. If a corporation is operating in a manner not in keeping with the public interest, the state has an obligation to revoke their corporate charter.

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    6. Re:Elected Officials by thefirelane · · Score: 1

      But, I think you are 'begging the question'.... my point is that nothing is ever 'evil'... someone always benefits. There aren't any 'evil corporations'... "Killing puppies inc." or "polluting water for fun LLC". So then you have to get in a debate about if it is in the public's interest... No one wants a landfill next door, but everyone wants to throw out their garbage.

    7. Re:Elected Officials by BandwidthHog · · Score: 1

      I purposely ignored the question of which corporations are evil, as that's separate from the question of what is meant by 'taking them out' or whatever it was. And remember, 'not serving the public interest' is not the same as evil. Even though that email address a few inches north of this paragraph is real, even I don't think Microsoft is actually Evil. Just really, really bad for almost everyone they interact with, but that's many miles away from Evil.

      Should Enron have had their charter revoked for what they did to California? How about Halliburton for screwing the military every chance they get? Perhaps ClearChannel? I'd personally love to see Wally World be disincorporated (with extreme prejudice, at that!). On the rare occassion we do prosecute a major multinational corporation for their crimes, it's essentially "Stop, or I'll say 'Stop' again!" Does that seem effective to you? Maybe if there were some actual deterrent to the laws they'd be ignored a bit less often.

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
  18. Re:I dunno by mi · · Score: 1
    I believe we should let free market competition be the judge of that.

    Exactly! The law is ripe for repeal.

    That's the problem with you liberals: always trying to interfere in the marketplace.

    -2 Bad Troll :-)

    --
    In Soviet Washington the swamp drains you.
  19. Spitzer's an Enigma alright by mrwiggly · · Score: 1, Funny

    He investigates and levies charges against 401k companies.

    He charges recording industry with collusion and payola.

    He's the first to sign on to the microsoft settlement of 2001.

    I'm confused. Somebody, quick, help me form an opinion.

    1. Re:Spitzer's an Enigma alright by Planesdragon · · Score: 2, Insightful

      Spitzer's an effective Attorney General who, politically, has realized that the best way to get a favorable opinion of himself is to do his job.

      This doesn't work for every position -- most governors and the President, of course, have to mix so many different sides with no clear winner that they inevitably have to spend at least some time politicking.

      OTOH, being honest, doing your job, and erring on the side of the little guy is a good enough forumla to win popular acclaim.

  20. Re:I dunno by Anonymous Coward · · Score: 2, Insightful

    That dude is a libertarian. He thinks the marketplace belongs to the people with the most capital, and worthless consumers should enjoy their shit sandwiches at 300% markup.

  21. Sweet karma? by Colonel+Cholling · · Score: 3, Funny

    Mmm sweet karma.

    What's this? I clicked on the word "karma" and got some damn wiccan page talking about some religious concept they stole from the Hindus. I always thought "karma" was what I'll lose by posting this message.

    --

    I am Sartre of the Borg. Existence is futile.
    1. Re:Sweet karma? by Anonymous Coward · · Score: 0

      Westerners often have trouble understanding eastern concepts like karma. We use the word, but what me mean by it is the wiccan law of threefold return (what goes around comes around). That is not karma. Before you can understand either of these two concepts, you need to realise that they have nothing to do with each other.

    2. Re:Sweet karma? by Anonymous Coward · · Score: 0

      Karma is also a Buddhist concept, I think of Karma as more of an Indian idea than a religous idea. I have found that even among the less than religous Indians I have met, they feel that positive and negative actions affect us positively and negatively.

  22. $tatus quo by RealProgrammer · · Score: 1

    >normal business practice

    But in the record business, that's the playing field. The law is the law - abide by it, or bribe^H^H^H^H^Hget Congress to change it.

    The law is there for the same reason antitrust laws are there: to keep MCA and friends from crowding out the smaller labels the same as they crowd out indy musicians. The laws should be enforced or taken off the books so that everyone knows what the playing field is.

    --
    sigs, as if you care.
    1. Re:$tatus quo by lastmachine · · Score: 0, Offtopic

      Nice job on the editing. I thought I was the last^H^H^H^H^H only one still doing that.

  23. What about News Media Payola? by Cryofan · · Score: 3, Insightful

    You tell me that some of these news stories aren't bought and paid for? And these news stories are driving our politics and our society in general, so that is much more important than what songs are playing.

    --
    eat shiat and bark at the moon
    1. Re:What about News Media Payola? by Anonymous Coward · · Score: 0

      It's just a bit more subtile, that's all.

      For example after the Vioxx issue, how many alternative drug companies paid advertising on the networks?

      It's not as direct as the music industry, but you are right it does exist. Just pick up a copy of eWeek and see the ad next to the article. It's either the company or a competitor (most of the time).

    2. Re:What about News Media Payola? by Lord_Dweomer · · Score: 1
      Next thing you're going to tell me is that Slashdot may or may not be taking payola to publish certain stories on the front page from a certain person with the first name of Roland. Really, what is this world coming to?

      --
      Buy Steampunk Clothing Online!
  24. Re:I dunno by Anonymous Coward · · Score: 0

    If the market was truely libertarian, then demand would cause new ventures to popup to undercut the markup thus putting the overpriced ones out of business.

  25. This history of payola by Anita+Coney · · Score: 3, Interesting

    The point of anti-payola laws were an attempt to kill rock and roll.

    The music industry has always paid to get air play. The states and the feds thought that if rock and roll radio stations were forbidden to take payola, through laws selectively enforced against those stations, they'd be forced to stop playing rock and roll. It didn't work.

    Why those laws are still on the books are beyond me.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:This history of payola by kingj02 · · Score: 1
      The point of anti-payola laws were an attempt to kill rock and roll.

      The music industry has always paid to get air play. The states and the feds thought that if rock and roll radio stations were forbidden to take payola, through laws selectively enforced against those stations, they'd be forced to stop playing rock and roll. It didn't work.

      Why those laws are still on the books are beyond me.
      That may have been how it started, but I think it's evolved into an anti-'unfair business practice' law. What about all the small inde labels creating rock and roll, how do they pay-for-play? I bet it's pretty easy to turn down $5000 when the major labels are saying "If you take it, we won't give you our $100,000!"
      --
      Ardente veritate incendite tenebras mundi
    2. Re:This history of payola by Anita+Coney · · Score: 0

      How is a station not playing independent music unfair? It is unfair for jazz stations not to play hard Rock? Is it unfair for television not to play my home movies?!

      We used to live in a country we owned what we owned and had the right to make contracts regarding our property, obviously those days are gone.

      And after decades of anti-payola laws on the books, exactly where are all these profitable stations playing independent music?!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    3. Re:This history of payola by Anonymous Coward · · Score: 0

      After decades of anti-payola laws being circumvented.

      Your libertarian philosophy can't, IMHO, be applied to limited resources such as airwaves.

    4. Re:This history of payola by Lehk228 · · Score: 1

      We used to live in a country we owned what we owned and had the right to make contracts regarding our property, obviously those days are gone.

      Except that the licensed broadcast spectrum is not private property, it belongs to everyone and the government is allowed to place restrictions on what you can do while boadcasting.

      --
      Snowden and Manning are heroes.
    5. Re:This history of payola by Anita+Coney · · Score: 1

      Exactly! The airwaves ARE limited. Thus, radio cannot play everything. Thus, the question is: Who decides what gets played?

      You seem to be under the impression that the government should start a new bureaucracy to make that decision.

      I happen to think the owner of the radio station should.

      BTW, EVERYTHING is limited. If limited resources is the critera for government control, then we might as well throw out the entire concept of property rights right now!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    6. Re:This history of payola by Anita+Coney · · Score: 1

      You know, I'm wrong. We should set up a bureaucracy to decide what gets played. I'd hate for unfairness to interfere with any property rights. (BTW, holding a licensee IS holding a property right!)

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    7. Re:This history of payola by Ohreally_factor · · Score: 1

      The airwaves are not private property, nor should they be.

      --
      It's not offtopic, dumbass. It's orthogonal.
    8. Re:This history of payola by Lehk228 · · Score: 1

      (BTW, holding a licensee IS holding a property right!)

      that is true but a license is not a right to do as you wish, just as having a license to a piece of software does not mean you can do whatever you want with it. Just because i bought my copy of windows should i have the right to start up a CD press and start selling copies of my property? What about CD's? My new Nightwish CD is my property but that doesn't mean i can make 50 copies of it and hand them out to people.

      --
      Snowden and Manning are heroes.
    9. Re:This history of payola by Ohreally_factor · · Score: 1

      You're still avoiding the main point, that the airwaves belong to the public. The fact that they are a limited resource is secondary.

      --
      It's not offtopic, dumbass. It's orthogonal.
    10. Re:This history of payola by kingj02 · · Score: 1
      It is unfair for jazz stations not to play hard Rock?
      Why doesn't the Disney channel play movies portraying sex and violence? Because it does not target there intended audience.

      We used to live in a country we owned what we owned and had the right to make contracts regarding our property, obviously those days are gone.
      You still have the right to do what you want with your property, but you don't have a right to use that property as an incentive for someone else to not do business with me. Let's avoid responses about 'the better product'. In this case, the incentive is not better music, it's a bribe.

      And after decades of anti-payola laws on the books, exactly where are all these profitable stations playing independent music?!
      There is a plethora of inde bands that create mainstream style music, but radio play isn't even considered if their not on a major label. Not because the music is bad and won't maintain/increase listeners, but because the bands and there independent labels cannot match the major labels payolas.
      --
      Ardente veritate incendite tenebras mundi
    11. Re:This history of payola by Anita+Coney · · Score: 1

      As I've said before, the question is who should decide what gets played on the radio?

      So I'll ask you, who do YOU think should decide? The government or the market?

      Let's face it, if there really was a demand for independent music, don't you think radio stations would spring up playing it and raking in massive ad dollars?!

      And after three decades of anti-payola laws, where are these stations?!

      And if your answer is that these laws are being ignored by everyone, then that is reason in itself to take them off the books. Laws without victims that are ignored by everyone only breeds disrespect for the laws with victims.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    12. Re:This history of payola by Anita+Coney · · Score: 1

      "Because it does not target there intended audience."

      Thanks for proving my point. The vast majority of mainstream radio stations do not play independent music because it is not their target audience.

      "You still have the right to do what you want with your property, but you don't have a right to use that property as an incentive for someone else to not do business with me."

      That makes NO sense. You seem to imply that a property owner has to accept contracts with EVERYONE. Restaurants makes deals with specific soda bottlers to the exclusion of others. That's legal. Car dealerships makes deals with specific automobile manufacturers at the exclusion of others. Heck, when you sell your house, you sell it at the exclusion of others!!!

      "There is a plethora of inde bands that create mainstream style music..."

      You're right. There IS much more music available in the world that could possibly be played on the radio. Thus, as I've asked before: Who gets to decide? The owner of the station or the government?

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    13. Re:This history of payola by alexo · · Score: 1


      > Exactly! The airwaves ARE limited. Thus, radio cannot play everything.
      > Thus, the question is: Who decides what gets played?
      >
      > You seem to be under the impression that the government should start a new
      > bureaucracy to make that decision.
      >
      > I happen to think the owner of the radio station should.
      >
      > BTW, EVERYTHING is limited. If limited resources is the critera for
      > government control, then we might as well throw out the entire concept of
      > property rights right now!


      "Intellectual Property" is essentially an unlimited resource.

    14. Re:This history of payola by Anonymous Coward · · Score: 0
      The music industry has always paid to get air play.

      Of course, the radio stations get their CDs for free, they don't have to pay for them. If you or I win a prize (an item we didn't pay for), the value of that prize is considered income. A radio station therefore has "income" because the are getting all these free CDs. Ergo, they are getting paid to play the damn things.

    15. Re:This history of payola by Lehk228 · · Score: 1

      actually the record companies use loopholes to get around the law by pating promoters to do it, just because some companies dodge taxes by incorporating in bermuda should we legalize tax evasion? Yes I do think the market should decide what gets played on the radio, however Record promoters bribing station managers to play their songs IS NOT the market deciding, it is bribary.

      --
      Snowden and Manning are heroes.
    16. Re:This history of payola by kingj02 · · Score: 1
      Thanks for proving my point. The vast majority of mainstream radio stations do not play independent music because it is not their target audience.

      You're right. There IS much more music available in the world that could possibly be played on the radio.
      Like you said, a jazz station doesn't have to play hard rock. But what about the inde bands who's music fits the mainstream, are you saying that they shouldn't have an equal opportunity to be heard?

      "You still have the right to do what you want with your property, but you don't have a right to use that property as an incentive for someone else to not do business with me."

      That makes NO sense. You seem to imply that a property owner has to accept contracts with EVERYONE.
      Maybe you should've finished reading the paragraph: "In this case, the incentive is not better music, it's a bribe." Of course you have a right to except or reject, but it needs to be with regards to the ends. If you sell a house, your going to sell to the highest bidder. That's the purpose of selling--to make the most money. The purpose of these radio stations is to play music. Therefore they should except or reject based on the quality of the music, not on who has to most money.

      Restaurants makes deals with specific soda bottlers to the exclusion of others. That's legal. Car dealerships makes deals with specific automobile manufacturers at the exclusion of others.
      There's a difference between thousdands of resturants and car dealerships making a deal with only one business AND one company with a stanglehold on 70% of the market excluding all but the big 5.

      Thus, as I've asked before: Who gets to decide? The owner of the station or the government?
      With or without anti-payola laws, the station still chooses; these laws don't ban certain types of music. They are simply there to help the little guy.
      --
      Ardente veritate incendite tenebras mundi
    17. Re:This history of payola by Anonymous Coward · · Score: 0

      Yes we should legalize tax evasion, that way the size and scope of government could only decrease, or the dollar would fail (due to massive deficit spending). Being forced to pay for murder is not soemthing that anyone should have to do.

      JAAC

    18. Re:This history of payola by Anita+Coney · · Score: 1

      "But what about the inde bands who's music fits the mainstream, are you saying that they shouldn't have an equal opportunity to be heard?"

      Imagine if I'm selling my house. Many people make offers, but one offers me more money, so I sell to that person. Every single one had an opportunity to be heard, but I picked the one who was willing to pay more. What is the difference between my house/land and radio?

      You seem to be under the impression that musicians have a right to be heard on the radio. They don't.

      "Therefore they should except or reject based on the quality of the music, not on who has to most money."

      Can you give me an objective standard for "quality" music?! I'd love to hear it.

      And should I only be allowed to sell my land to those willing to build the most quality house?!

      "There's a difference between thousdands of resturants and car dealerships making a deal with only one business AND one company with a stanglehold on 70% of the market excluding all but the big 5.?

      Where is the difference?!

      "They are simply there to help the little guy."

      I'll say it again, after three decades (heck, it's actually been FOUR decades) how has the little guy been helped? And secondly, why does he deserve help?! No one has the right to be played on the radio.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    19. Re:This history of payola by Anita+Coney · · Score: 1

      First, tax evasion is NOT a victimless crime.

      Second, how is it bribary?! A station can play 24 hours of music per day. Why can't it sell that time for songs?! Should infomericals be illegal too?! Should TV shows "brought to you by" some product be banned too?! Heck, are advertisements themselves bribes?!

      You seem to be forgetting that music is an industry. The sole reason the music industry wants songs played on the radio is to sell CDs. The radio station own air-time and the music industry wants to buy it. Exactly where is the bribe?!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    20. Re:This history of payola by kingj02 · · Score: 1
      Imagine if I'm selling my house. Many people make offers, but one offers me more money, so I sell to that person. Every single one had an opportunity to be heard, but I picked the one who was willing to pay more.
      Again... your selling your house to make to make the money. A radio station exists to play music. Yeah, they want to make a profit, but that needs to be made legally and morally. A payola is nothing more than a bribe to keep the radio station from playing anyone else's music. Or can you explain a pay-to-play system that then has royalties collected per play?

      And should I only be allowed to sell my land to those willing to build the most quality house?!
      Your selling your land to make money.

      What is the difference between my house/land and radio?

      You seem to be under the impression that musicians have a right to be heard on the radio. They don't.
      Your house is your private property. Radio is public property with exclusive rights granted to broadcast. Regardless of this right, it is still public property and they therefore have an obligation to listen to the public.

      "There's a difference between thousdands of resturants and car dealerships making a deal with only one business AND one company with a stanglehold on 70% of the market excluding all but the big 5.?

      Where is the difference?!
      The effect doesn't scale the same. If a resturant chooses Pepsi over Coke, Coke still has 200 other resturants in the area to try and sell to. When Clear Channel only plays music from the big 5, they blockout 70% of the national market.

      Can you give me an objective standard for "quality" music?! I'd love to hear it.
      How about letting that decision be made by the people in the broadcast range. Here's a test: listen to any CCC owned station in the country during the afternoon; they'll all have the same 15 songs on loop. Now listen to them after hours, when they're allowed to play call-in requests; everyone will be different. Now can you give me an objective reason why a few exec's at the CCC headquarters should be allowed to dictate what is quality music to all of america? And I doubt they even care for much of the music; they pick what was written on the memo that comes with their payola.

      I'll say it again, after three decades (heck, it's actually been FOUR decades) how has the little guy been helped?
      A law is only effective if it's enforced. That's kinda what that lawsuit is about.

      And secondly, why does he deserve help?!
      I think now your going into free market theory. My belief is that the little guy can only make it so far when the big guy has a monopoly.
      --
      Ardente veritate incendite tenebras mundi
    21. Re:This history of payola by Anita+Coney · · Score: 1

      "A radio station exists to play music."

      There's your BIG mistake. People and corporations own radio stations to make money. Some may be run like charities, e.g., WRKP, but other than fiction, I've never heard of one.

      If you want to live in some la-la land where radio is about the music, that's fine. I'll be here in the real world if you ever want to have a serious discussion.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    22. Re:This history of payola by Anita+Coney · · Score: 1

      Ooops, that's supposed to be WKRP. Mmm... Bailey!!!!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    23. Re:This history of payola by kingj02 · · Score: 1
      "A radio station exists to play music."

      There's your BIG mistake. People and corporations own radio stations to make money. Some may be run like charities, e.g., WRKP, but other than fiction, I've never heard of one.

      If you want to live in some la-la land where radio is about the music, that's fine. I'll be here in the real world if you ever want to have a serious discussion.
      For a moment there I thought I was haveing a debate with a reasonable and intelligent person; instead I find out that your just a stubborn jackass who refuses to concede--or at minimum, accept that this is not a black and white issue. I provided valid arguements and your only rebuttal was commenting on a quote taken out of context and then using 'la-la land' followed by "if you ever want to have a serious discussion." My impression of you is that your a money grubbing contemptible person who's okay with screwing over anyone so long as there's minuscule gain... such an honorable person to be!
      --
      Ardente veritate incendite tenebras mundi
    24. Re:This history of payola by Anita+Coney · · Score: 1

      I too was having a serious discussion, until you came up with the theory that radio is not about the money. I'm not saying that every station in the US is about profits. But the vast majority of stations exist solely to make profits.

      You may feel its about the music, but when AM found it could sell more ad space with far-right political talk, it dropped music like a hot potato.

      As long as you hold your view, and I hold mine, it's impossible for us to have a rational discussion. Our views are simply too different.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    25. Re:This history of payola by Anita+Coney · · Score: 1

      "My impression of you is that your a money grubbing contemptible person who's okay with screwing over anyone so long as there's minuscule gain... such an honorable person to be!"

      Merely because I believe in property rights?! Heck, I'd love to have a music station nearby which played truly alternative and independent music. A station where the DJs got to pick what they wanted, not some corporate suits who's idea about music is what brings in the most profits.

      But I'd also love a bigger house. A 4x4 truck for my wife to drive in the winter. And a big screen HDTV monitor to play Doom3 through.

      But merely because I want something does not give someone else the duty to provide it. You and I have every right to buy radio stations and play any music we want. I simply cannot afford to do so. No one is hindering me other than myself.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    26. Re:This history of payola by Sein · · Score: 1


      No, you're forgetting one thing: those examples of advertising you bring up are all cleary marked as advertising

      Infomercials are labeled as such. Sponsorships are marked as such. No-one has a problem with that. The issue here is that the record companies and media companies are doing an end-run around the law requiring commercial advertising to be disclosed as such.

      It wouldn't be an issue if the radio station would disclose "Today's Playlist is brought to you by Sony Music " or whoever is buying their airtime.

      You seem to forget that advertising is regulated in that the claims made must be true, and the statements of disclosure must be made. It's as much a Truth In Advertising law as anything.

      The bribery element is simply that there is an undisclosed business transaction to gain a competitive advantage taking place. If it was fully disclosed, it wouldn't be bribery, and it wouldn't be in conflict with the Payola laws. But it would be in conflict with the record label's efforts at making the airtime of their products seem a natural result of popularity and quality, instead of a result of pay-for-play advertising.

      No-one anywhere has an issue with ads that are labeled as such. But to pick an easy target - payola occupies roughly the same position as the editor of the Washington Post accepting half a mil to write an editorial extolling the virtues of SCO as opposed to the unethical Linux users who undermine SCO's legitimate and ethical extor^H^H^H^H^Hbusiness model.

      That's the issue here. Payola laws are simply a block on distortion of markets by hidden advertising.

    27. Re:This history of payola by SmurfButcher+Bob · · Score: 1

      Well, as the husband of a PD for a (non-CC) rock station, I can quite plainly state that you're out of your f*ing mind.

      Radio has nothing to do with music.

      Radio is about, and only about, and exactly about recruiting a very specific demographic audience, for the exact and specific purpose of selling air-time to advertisers who wish to target that demographic. Music is simply and ONLY one tool to facilitate that objective.

      I'm not even IN radio and I understand this concept. Consider, for example, why radio stations run CONTESTS. For you to suggest otherwise... clueless, and "la-la-land" was a much kinder expression than I would have chosen. You clearly have no clue about how programming even works.

      a) The PD is given a primary target demo by sales.
      b) The PD is given a secondary target demo by sales.
      c) PD researches what the primary wants to hear. This will constitute the bulk of the programming.
      d) PD will make occasional adds to suppliment the secondary.
      e) There are a finite number of "slots" available in a given hour.
      f) There are a finite number of hours in a given day-part.
      g) Cume (the TOTAL pool of listeners available) varies greatly by day-part. The cume at 8am on Tuesday, for example, is vastly larger than at 4am on Sunday.
      h) The PD will prioritize the most important day-parts.
      h.1) Important day-parts will be played "by the book", with NO RISK TAKEN. A .1% share variance can easily mean 10k listeners just tuned out.
      h.2) Crap day-parts (overnights) will be used to suppliment "spin-counts", where new or untested music receives air-play. Risk in overnights is much lower; a 2.0% share variance might only mean... uh, one guy went to bed.
      i) There are a finite number of slots available in these day-parts.
      j) There are a finite number of song-sequences that will "work". While Metallica and Pink Floyd might both be popular, if you play them back-to-back, you're an IDIOT. The result is affectionately called "a trainwreck".
      k) One big rule is "thou shalt not play two unfamiliar songs back-to-back when dealing with 25-54 year old white males".
      l) Rock stations typically target 25-54 white males. Aggressive rock stations target 18-45 white males.
      m) Rock stations will follow that One Big Rule. Familiarity is a major selling point with that target demographic. "Strange" music can often result in the listener perceiving a trainwreck, and flipping channels.
      n) There's not one hell of a lot of room for new (untried) music, when you consider all of this. You'll also never hear it during high-cume day-parts (risk).
      o) Most indie music does crap on the charts (because it gets no airplay, which sucks. Catch 22.)
      p) Given finite slots, and a song that is popular vs. a song that is unknown, guess who loses.
      q) Indie songs that become popular will get added quickly, however. Nirvana, for example.

      You'll note a recurring theme - nowhere is the "quality" of the music considered. Nowhere does the typical "mainstream" rock station ever BREAK NEW MUSIC. The PD will see if the song has ALREADY DEMONSTRATED that the primary demo wants it, or occasionally that the secondary demo wants it and the primary will at least tolerate it.

      And ALL of this is done to build a PREDICTABLE pool of listeners that will be present when the ADVERTISEMENTS begin. It has NOTHING to do with the music; the music is merely one of several methods of accomplishing it.

      --

      help me i've cloned myself and can't remember which one I am

    28. Re:This history of payola by SmurfButcher+Bob · · Score: 1

      Heh, my wife comes home each night, bitching about her air-staff. Some of them just don't get it... they honestly think they should be able to "pick and play what they want".

      She often listens to their playlist suggestions, writes them down, does some research... then calmly shows them that if they actually programmed the station that way, the station would have exactly ONE listener... namely, the putz who suggested the playlist.

      One putz actually said it'd be really cool to play one of the scores from the LOTR soundtrack during mid-days. "Listeners would really enjoy it!" Yeah, but not me, nor any other person that I've ever met in real life... and certainly not while in my car, and for @#$# sake, not IN BETWEEN GODSMACK (keep away) and METALICA (sandman).

      A station where the jock got to pick what they want would be really neat; the sad part is, everyone but that jock would absolutely HATE it.

      --

      help me i've cloned myself and can't remember which one I am

    29. Re:This history of payola by Anita+Coney · · Score: 1

      You don't know your history. In the early days of FM radio, DJs played whatever they wanted. That's how bands such as the Rolling Stones, the Who, Pink Floyd, the Grateful Dead, etc, got played. AM was all about hits and more hits. No one at AM had time to innovate with alternative music. It was even MORE formatted than any ClearChannel operating today! People flocked to FM to listen to music.

      Overtime FM became as corporate oriented as AM, classic rock became Styx, Journey, and Kiss. Now most people I know avoid radio by taking their music collection with them or by listening to XM.

      BTW, the free market can still choose in a system where DJs pick music. You simply fire the DJs people tend not to listen to.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    30. Re:This history of payola by SmurfButcher+Bob · · Score: 1

      Actually, I know my history very well. Stations with DJs picking music got creamed. Not because of raw audience numbers... more like...

      who's listening?

      Men? Women? What age?

      People paying for the station (advertisers) will want to know these things. You sell Joysticks. Nice ones. Who buys them?

      Well, you've got $100k for your ad campaign. You can buy hip-hop stations, or you can buy rap stations. Something tells me you're wasting your money.

      You can buy CHR or country, but again... you'll lose. Those targets are women, and women don't play computer games.

      So, you'll do some research on who DOES buy your joysticks. And, you'll want to know what station can guarantee that audience.

      A DJ who picks whatever he wants will NOT fulfill that requirement. You just mortgaged your house for this cash, for chrissakes.

      If the bulk of listeners are kids, women, and/or old men, you're screwed. None of these people care about your product.

      You want 18-35 males, and you want all of them (and only them). From the ad perspective, which is what pays for radio, if I can't guarantee you a specific target... you'll go someplace that does. I'd rather have 30,000 of a specific target than 100,000 of god-knows-what. You'll never hear ads for Hearing Aids on a Top40 station. Think about why that is.

      So no, it's not that simple as "fire the DJ". As a PD, you need to build a coherent audience group, the ears of which can be sold. Then, you can have sales pigs sell them to someone. THAT is the purpose of radio. Rock stations are all about beers, bars, and cars. CHR/Top40 (includes "hot country") is all about tampons and ladies nights. Notice the pattern? There's a reason... if you want to reach women who can afford a $30,000 SUV, you advertise here. If you want to reach men capable of affording a $40,000 sports car, you advertise there. A DJ picking music won't generate that coherence, meaning advertisers will spend on (and pay for) a station that can.

      The only way a DJ can play a trainwrecked format is if they intend to operate with no income (since who the f*** would advertise on it), and guess what... the free market will (and did) exterminate this. The audience is not the customer. The advertiser is.

      --

      help me i've cloned myself and can't remember which one I am

  26. RIAA supports anti-payola laws by Anonymous Coward · · Score: 0
    Actually, in the text of the article, the author states that the RIAA supports anti-payola laws, and wants to ban payments through middlemen.....

    ...dare I say RTFA?

    1. Re:RIAA supports anti-payola laws by Anonymous Coward · · Score: 0

      Couldn't the RIAA defeat payola easily? Just tell all their member companies to not pay it.

  27. Disclosure by sybert · · Score: 3, Interesting

    Just legalize payola, with full disclosure. That way all broadcasters, web-casters, satellite, TV, etc. big and small can compete fairly for promotional money from the industry. With a ban, only the major radio players can use the loophole to collect there money while the smaller players are locked out. Closing the loopholes would only drive the big players to find new loopholes. Now would be a good time to deregulate music promotion.

    Legalizing payola would create a shock to the industry's business models. Any shock can only have positive results given the state of current business models.

    1. Re:Disclosure by squiggleslash · · Score: 4, Informative
      My understanding is that it is legal with full disclosure. Indeed, a story in the past on /. covered the fact that record companies were planning to "get around" the payola laws by booking three minute advertising segments and playing the song during them. Except they weren't really "getting around" anything, the entire point of the payola laws were that record companies were playing three minute adverts without it being clear that this was what they were (and without them being counted in the advertising vs content figures.)

      What you're asking is for payola to be legalized if it isn't actually payola ;-)

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:Disclosure by Algan · · Score: 1

      Just legalize payola, with full disclosure.

      I swear today is the "Let's not RTFA" day on Slashdot... Quote from the article:

      "Broadcasters are prohibited from taking cash or anything of value in exchange for playing a specific song, unless they disclose the transaction to listeners."

      --
      If con is the opposite of pro, is Congress the opposite of progress?
    3. Re:Disclosure by ALpaca2500 · · Score: 2, Interesting

      if radio stations could legally accept money to play certain songs, they could eliminate most non-song related advertising. instead of commercials, they would just play the sponsored songs, and they would be damn sure to tell you who sang the song and what album it was on, from what label, because that's what they'd be being paid, specifically, to do.

    4. Re:Disclosure by sybert · · Score: 1

      By full disclosure I meant reporting payola as income and disclosing it on the web or in a database like political contributions. I was not referring to the "this song presented by..." message that transforms a song into a commercial. Just let the money flow transparently for all to see.

    5. Re:Disclosure by antiMStroll · · Score: 1

      The airwaves are public property leased to corporations under a licensing agreement which stipulates they use it to represent the public interest. Businesses distorting content to reflect their interest via payola has no place here, it's antithical to a station's, and when it's acting honestly, the FCC's mandate. Otherwise why not sell news content too (Fox News excluded of course?) "Free market" is an economic notion, not a general do-all principle applicable to all situations.

    6. Re:Disclosure by AdrainB · · Score: 1

      What these idiots (the record companies) don't realize is that payola has a huge impact on music piracy. When all people can hear on the radio is the same 10 songs, they have to find other means.

    7. Re:Disclosure by Curunir_wolf · · Score: 3, Funny
      I swear today is the "Let's not RTFA" day on Slashdot... Quote from the article:

      You're confused. This is completely normal. You're thinking of "Let's RTFA" day, which happens every other leap year.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    8. Re:Disclosure by Anonymous Coward · · Score: 0

      Yes

  28. The dying throws... by Phoenix-IT · · Score: 3, Insightful

    ... of a business model becoming extinct. People can make their own radio stations now from online jukeboxes. If they really like it, they can pay for it and take it with them, so the distribution method is also going the way of the dinosaur.

    How about we re-regulate radio? I'm tired of 10 song play lists being recycled 24 hours a day. God damn clear channel.

  29. Not about the RIAA by Anonymous Coward · · Score: 3, Informative
    in fact:

    In 2002, the industry's lobbying organization, the Recording Industry Association of America, called on the government to strengthen anti-payola laws and examine questionable practices, including independent promotion. (Association officials are considering whether to provide new comments and information to the Federal Communications Commission as part of that agency's review of radio promotion, people in the music industry have said.)


    Listen, I don't like the RIAA more than anyone else here, but there's criticism, and then there's demonization. They have done plenty of other stuff to deserve derision, but this particular issue isn't about the RIAA.

  30. Re:I dunno by Anonymous Coward · · Score: 1, Interesting

    No, because the people with the capital have already invested it in the purchase of politicians.

    What you have under George Bush is pretty close to government under Libertarian principals, at least as close as I hope we ever get. Companies use legislation and collusion to hammer consumers and lock out competition. That's what bare knuckled Libertarianism really is. Not so pretty. Price fixing takes the place of taxes, only instead of the money being used to upgrade the infrastructure everyone uses and no one wants to pay for, it goes to the Cayman islands.

  31. Ads vers. Music by hhawk · · Score: 3, Insightful

    What you are saying, is legal. The Payola allows actually allows for Pay for Play IF and ONLY IF they say something like, "Mega corp has paid us to play this song for you..."

    The issue is, esp., when DJ's used to pick the songs they played, that the public would believe it was picked because they liked it... not because of payola.

    --
    http://www.hawknest.com/
    1. Re:Ads vers. Music by gfxguy · · Score: 1

      This actually sounds just plain silly... if you hear "The following segment is sponsored by Sony music," will you change the station? Is that really so bad? Followed by "sponsored by Warner music?"

      I don't think so... there are still plenty of stations playing independent stuff, especially in college communities. If every station plays the same crap, then they dillute the market themselves and all lose money. People will turn to the stations that play good music... or, like I imagine, more and more people will switch to satellite.

      I'd rather hear a two second sponsor and agree to listen to only Sony released music for the next 5 songs if I didn't have to listen to lame radio advertisements. My next car is definately getting satellite radio anyway.

      --
      Stupid sexy Flanders.
    2. Re:Ads vers. Music by hhawk · · Score: 1

      Nothing wrong with the "Mega Corp morning drive power set, brought you by Mega Corp."

      Not that i would listen...

      --
      http://www.hawknest.com/
  32. a small nit to pick by WormholeFiend · · Score: 1, Interesting

    A lot of people just don't know exactly what karma is.

    Here's a few hints:
    Karma, dharma and samsara are three fundamental aspects of the Hindu world view.

    Dharma, one's appropriate role or attributes, gives life its order and predictability.

    Karma, the measure of how well one performs one's dharma, explains why one is born where he or she is, why there is suffering and seeming injustices.

    Samsara, the continuous round of birth, death and rebirth, is the context for all experience.

    For society to function, everything must do its dharma. If even a dog or tree doesn't perform its dharma, society cannot function.

    Therefore, in order to have bad karma, the record industry must first not properly play its "role" and then die. In its next "incarnation", it would then get a lesser dharma or role to play.

    1. Re:a small nit to pick by mausmalone · · Score: 1

      Here here... everyone uses the term wrong, but we let it go because we don't know a better word for people getting what they deserve.

      Or do we ... ?

      From dictionary.com:
      Comeuppance (n.) A punishment or retribution that one deserves; one's just deserts: "It's a chance to strike back at the critical brotherhood and give each his comeuppance for evaluative sins of the past" (Judith Crist).

      --
      -=-=-=-=-=
      I'd rather be flamed than ignored.
    2. Re:a small nit to pick by soft_guy · · Score: 1

      I mod this +1 Comeuppance.

      (No Comeuppance bonus...)

      --
      Avoid Missing Ball for High Score
    3. Re:a small nit to pick by Stanistani · · Score: 1

      I thought Dharma was Greg's wife...

  33. Right or Wrong, the law is... by slowhand · · Score: 3, Informative

    excerpted from http://www.fcc.gov/eb/broadcast/sponsid.html
    Section 507 of the Communications Act, as amended, 47 U.S.C. 508 requires that when anyone pays someone to include program matter in a broadcast, the fact of payment must be disclosed in advance of the broadcast to the station over which the mater is to be carried. Both the person making the payment and the recipient are obligated to disclose the payment so that the station may make the sponsorship identification announcement required by Section 317 of the Act. Failure to disclose such payments is commonly referred to as ``payola'' and is punishable by a fine of not more than $10,000 or imprisonment for not more than one year or both. These criminal penalties bring violations within the purview of the Department of Justice.

    --
    Busy aligning my non-linear thoughts.
  34. Bad tunes require more cash by JawFunk · · Score: 2, Funny
    This is the real reason the record ompanies have been losing money: The quality of music is worsening, requiring more cash to get radio stations to play them, thereby reducing the company's bottom line. I wonder how much they spent on Hoobastank....omg

    --
    [Please sign here]
  35. Payola is Rampant by zentec · · Score: 5, Interesting

    Problem is, it's very hard to fight it. The record companies use middle men, independent record promoters, to do the dirty-work (as indicated in the article).

    When I was far younger, I used to work in the radio broadcasting industry and the stories of what the indie-promoters do is shameful.

    The program director, a few of his lackies, some of the higher-profile talent and an independent promoter all went out to dinner in Windsor. Not only did the promoter spring for dinner, but then he hands everyone in the group three crisp $100 bills and tells them to have fun in the Windsor Casino.

    Or perhaps the station is out of money for promotions and can't buy bumper stickers or on-air give-aways. The indie will line up all sorts of cool goods to give away like video games, cell phones and lots and lots of record product and concert tickets. Funny thing is, the listeners get the record product and the concert tickets, but the video games and cell phones are traded to vendors to print bumper stickers. Or, they simply go into the pocket of the general manager and program director.

    Another disturbing thing that happens now is ClearChannel has a concert promotion business too. So when their show comes into town, the playlist is modified so heavily on all their radio stations that you can't get away from the featured act. Imagine a weekend of nearly nothing but Journey!

    Radio is pretty much a license to print money. It is not a surprise that it's rampant with abuse and corruption.

    1. Re:Payola is Rampant by jaymzter · · Score: 1

      Right on! So that explains why Metallica coming to Tampa in November requires the radio station to have a "May"tallica 5 months before the show! And of course it's been usually crappy post Black Album Metallica ever since being played

      Another anecdote: Linkin Park (whom I think rock) was coming to town. Between the two "progressive/alternative" radio stations I knew I could hear a Linkin Park song on either one of them within an hour's time without fail. I would just keep switching between the two during the drive home and sure enough... Linkin Park would come on. Oddly enough, that stopped immediately after their show.

      --
      If thou see a fair woman pay court to her, for thus thou wilt obtain love
    2. Re:Payola is Rampant by Anonymous Coward · · Score: 0

      Yep, Metallica just came to town, and not only did the local hack ClearChannel station promote like mad, they even played nothing but Metallica the day of the concert.

      The irony of this station, though, is that it has an incredibly popular morning show. . . where the host pushes the boundaries to a near Howard Stern level and, oddly enough, complains about how much he hates ClearChannel management.

      ~EEE~

    3. Re:Payola is Rampant by liquidsin · · Score: 1

      Metallica performed an evening of suck just outside of Buffalo, NY a couple weeks ago. The show was on a sunday night, and the local station pimping the show did a couple weeks of contests to win tickets and followed that up with a 3 day crapathon of NOTHING BUT GODDAMN METALLICA FROM FRIDAY THROUGH SUNDAY.

      --
      do not read this line twice.
  36. We need to stop it already. by Anonymous Coward · · Score: 2, Insightful

    We need to stop talking about free markets in markets that the government inherently regulates or influences from the get go.

    These include:

    1. radio and tv broadcasts - no possibility of free markets here as the government licences "public" spectrum to the entities in the first place. and afaik the government will police your spectrum for you. so to talk about a free market here we would first have to let anyone who wanted broadcast on any frequency he wanted. if we do this, perhaps it will be ok to talk about a free market in this area.

    2. any copyrighted work - how can you have a free market in a good that is by its very nature a government granted monopoly?

    3. any patented work - see reasoning for item 2.

    4. perhaps any regulated and/or licenced profession? perhaps only some of them? thoughts please.

    A Nony Mouse

    1. Re:We need to stop it already. by Mr.+No+Skills · · Score: 1
      so to talk about a free market here we would first have to let anyone who wanted broadcast on any frequency he wanted. if we do this, perhaps it will be ok to talk about a free market in this area.

      If you did this, then no one would listen to the radio because it would be nothing but the noise of multiple transmitters on the same frequency. Aside from the public safety uses (police, fire, military, air traffic control), there would be no cell phones, no wireless internet, no commercial radio, no garage door openers, no cordless telephones, etc. etc. etc.

      Everyone would transmit on whatever frequency they wanted, and if there was interference they would up the power on their transmitter to overwhelm each other until we could pop our popcorn by holding it out the windows of our metal foil covered homes. If you disagreed with a television or radio show, or wanted to knock out your competitors, you would send a signal out on their frequency to stop them -- giving every individual (and not the government) the power to censure anything they disagreed with.

      So, to follow your plan we would not have a free market of programming, we would have no market of programming.

      Government regulates radio spectrum because there is a finite amount of space that everyone needs to co-exist in. There are also technical reasons why different frequencies and power limits are there because they propogate differently, have wavelengths that can only carry so much information, and there are health risks to specific power levels and wavelengths. Every government regulates frequencies and they all collaborate because every person who works in the industry understands the technology and its limits and its need for regulation.

      So, you can clarify how you would like to see bandwidth allocated as different regulations, but there is no technical argument for no regulation.

      --
      Sleep is for the Weak
  37. Re:Payola is Rampant...not just in radio by Felgerkarb · · Score: 3, Insightful
    This sounds incredibly like what pharmaceutical company sales representatives do to promote medications with physicians. While the casino example is at the upper end of the extremes of 'bribery' in medicine, it isn't at the top of the list. The gift giveaways are rampant, whether they are simply pens and penlights, expensive textbooks, or more.

    Drug advertising contributes to the cost of the medication, on the order of 10%. Ironically, the 'bribery' has gone down as the TV advertising has gone up. This is OT, I know, but I think the drug advertising on TV is ridiculous. Really, they should be allowed to talk about a disease rather than the drug that treats the disease. After all, if they say, for example, 'Talk to your doc about cholesterol' they will still sell more cholesterol lowering drugs.

  38. Re:I dunno by jsebrech · · Score: 5, Insightful

    If the market was truely libertarian, then demand would cause new ventures to popup to undercut the markup thus putting the overpriced ones out of business.

    It's a myth that an unregulated market is good for the small guy trying to break in. The reason this is not the case is the concept of scale effects. When you sell 100 items of a product your fixed costs per product are a lot higher than when you sell 100.000 items, and your variable costs tend to be higher as well (due to the inefficiencies of low volume production). Because your cost per product as a small guy is higher, it is hard to compete against the bigger businesses, who can maintain lower prices and still be profitable. Over time, this effect causes the market to merge in a number of big behemoths (the larger you are the more profit you make per product), and once you reach that point usually they will form cartels, where they use various kinds of underhanded tactics, like predatory pricing, coupled sales, government bribing and so on to keep out new market entrants and maintain higher prices than market forces would dictate. Examples of this are the music industry (the big five), microsoft's windows and office empire, the telecom industry on the local level, and on and on.

    Cartels or monopolies have been demonstrated to tend towards having low market efficiency, due to the profit maximalization imperative and their ability to maintain non-market-optimal pricing models at greater profit to the business.

    The only way to avoid this is to limit the ability of market players to form cartels or monopolies, and then abuse their power. Retroactively, that means antitrust law. So antitrust is a necessary part of maintaining a healthy free market. Proactively it means making sure that new market players can enter without high entrance costs (like allowing small telecom companies to use existing networks for a fair price, so they don't have to build up their own network at extreme cost), so raising prices by the big players would cause new players to enter at lower price points.

    So, in conclusion, to have a truly free market (meaning with near non-existant barrier to entry), you must regulate it so no market player can become too powerful. A correctly regulated market is a healthy market, an unregulated market is a diseased or soon-to-be-diseased market.

    Ofcourse, big business has been very successful at spreading the meme that market regulation is bad for the market. The reality is that it's good for the market (if done correctly), but it's bad for the behemoth.

  39. NY AG is most powerful in country! by JANYAtty. · · Score: 4, Interesting

    Slate (has a nice piece on how the NY Attorney General is the most powerful person outside DC. Here's the money quote: The short form is that thanks to the 1921 Martin Act Spitzer can "subpoena any document he wants from anyone doing business in the state," make investigations secret or public as his whim, and "choose between filing civil or criminal charges whenever he wants." Extraordinarily, Thompson notes, "people called in for questioning during Martin Act investigations do not have a right to counsel or a right against self-incrimination. Combined, the act's powers exceed those given any regulator in any other state."

    --
    I dont do meaning of life questions.
    1. Re:NY AG is most powerful in country! by Anonymous Coward · · Score: 0

      Somehow, I doubt that the Supreme Court will allow such an colour of law Act to continue with its flagrant violations of the Constitutional Rights outlined in the fourth and fifth ammendments. All it would take is someone under investigation to countersue the attorney general and the state of New York for such violations and I am sure that the USSC will make room on their upcoming docket. As far as I know, any law which is repugnant to the constitution is no law at all.

      JAAC

    2. Re:NY AG is most powerful in country! by Lord_Dweomer · · Score: 1
      I wonder...if he weren't doing the good job he was...would we still be glad the person in that position had that kind of power?

      --
      Buy Steampunk Clothing Online!
  40. Mod this offtopic. by Frequanaut · · Score: 0, Offtopic

    I figured you'd have some complaints about "America Bashing"...and after reading the modded down replies I see I wasn't wrong.

    I hope that each of those people whining about "America Bashing" stops to think about their knee jerk reaction.

    First, when whining about "America Bashing" do you see any similarities between your complaints and those of the politically correct? People whinining about the actions of others rather than ignoring the incorrect complaints or correcting the valid ones?

    Second, why do you think the bad mouthing of America is on the rise? Is everyone just jealous of us Americans? Bitter, disenfranchised Europeans sick of our economic and fiscal might? Smelly brown people upset that they have to clean toilets for a living? Those two things haven't changed, they've always been so. Except at one point those people used to want to come to America and/or look to it for strength, opportunity and equality. Why do you think they no longer do?

    Third, Being in some sort of a cultural, military or econimic slide is one thing, pretending you aren't and not taking steps to correct it is another. Living in any sort of a vacuum is only going to increase the rate and depth of that slide. Insulation is not healthy. It breeds ignorance.

    Wake up America: Being born in the U.S isn't enough, it never was. Respect, strength, prosperity and support come through actions and shared values, not nepotism and patronage.

    Look outside Fox News and CNN. Try to *understand* why those outside of the US are offering so much more criticism. Don't rely on faith or others to do your critical thinking, that's lazy. Being lazy is not a virtue.

    It's a small world, and a new one. And the new world didn't start on 9/11/2001.

  41. Bailiff..... by flyneye · · Score: 1

    Whack his pee-pee.
    Ahhhh if theyd only done this in the 70s,we wouldn't have had to endure disco.
    Its like paying to have someone like you.
    Crap,people will buy whatever you tell them to.
    I hope they keep it up and torture the record co.s to death.

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  42. Re:Payola is Rampant...not just in radio by Anonymous Coward · · Score: 0

    So I have a mild case of insomnia...nothing major, just a severely shifted sleep schedule. I went to the doctor and he precribed me ambien...and that mug he was drinking from was an ambien promo mug.

    correlation? nah, he's just acting in my best interest.

  43. Oh no! by RealErmine · · Score: 1

    How am I supposed to know what music to like if the RIAA doesn't tell me?

    --
    Dewey, you fool! Your decimal system has played right into my hands!
  44. Clear Channel is not the disease, but a symptom by Anonymous Coward · · Score: 0

    Instead od re-regulating radio, how about de-regulating it further?

    The big problem with radio that noone talks about is that it is like our phone system; an antiquated technology. Today, we have technology that would allow hundreds of radio stations to occupy the same part of the spectrum that only a dozen or two can occupy today.

    The media conglomerates, just like the airlines, have managed to learn how to pull the strings in that sort of environment. If the amount of radio stations were in the hundreds, there is no way that Clear Channel could take over the bulk of the airspace.

  45. Re:I dunno by nelsonal · · Score: 1

    While there are certainly a lot of businesses with gains to scale, but others have more neutral scale returns (consulting is a good example) or even negative returns to scale (like small cap money management--returns tend to drop after a fund gets above a certain size). Some controls are needed on a market to prevent market failures, but there are better methods of fixing market failures than cost regulation (which is used too frequently).

    --
    Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
  46. Spitzer takes on the world, by otter42 · · Score: 1

    As seen here, Spitzer turns his guns on the insurance industry, this man is a hell of a bulldog. He seems to be taking on just about everyone this week.

    We should write to him about the DMCA, Diabold voting machines, and software patents. The EFF needs to get him on their payroll.

    --
    www.eissq.com/BandP.html Ball and Plate System. Amuse your friends. Crush your enemies.
    1. Re:Spitzer takes on the world, by Anonymous Coward · · Score: 0

      No, the EFF needs *honest* people working for them.

  47. Re:I dunno by Yartrebo · · Score: 1

    Both consulting and small cap money management can benefit from scale. A large firm can better advertise and boost its prestige, which other large client firms look for. If IBM needs some consulting services, it's more likely to go to a multinational megacorp than Joe and Jane's consulting.

  48. Re:I dunno by johnnyb · · Score: 4, Interesting

    The problem w/ payola is that it has a MAJOR adverse affect for people who don't participate. It ruins the free market, turning it into an oligopoly.

    To see what the power of payola was, one record company decided to NOT participate when Pink Floyd was on their The Wall tour in Los Angeles, one of the biggest music events of the time. The song (I forgot which) was a hit across the country, but was not played by a single radio station in Los Angeles in the week before the concert.

    There's a book about this called "Hit Men" or something like that. It's pretty interesting stuff. A basic overview is at:

    http://www.antimusic.com/rants/2003/march.shtml

    As far as Spitzer goes, he seems to be doing a great job battling corruption throughout NY. I've been impressed with how much he is accomplishing.

  49. Re:I dunno by johnnyb · · Score: 2, Interesting

    "Ofcourse, big business has been very successful at spreading the meme that market regulation is bad for the market."

    I think you're mixing concepts here. Market regulation _is_ generally bad for the market. Antitrust regulation is good for the market.

    Big companies really welcome true market regulation, because it prevents smaller players from entering the field. For example, the reasons drug prices are so high is because regulation makes it virtually impossible for small companies to compete. Therefore, the only people willing to lose money for 5-10 years before becoming profitable are those whose only goal is to become absurdly profitable.

  50. Re:I dunno by nelsonal · · Score: 1

    You are correct, that they can benefit from scale, but the gains are considerably smaller (as you have to add employees to boost your capacity). The opposite would be a software company that can basically make as many compies of their software with no real increases in cost. Software companies and banks (probably insurance too) have huge returns to scale (costs rise considerably slower than sales), consultancies have considerably less (there is still some cost savings as you grow, but costs rise roughly in line with sales), while small cap management exhibits a ton (in the range of software) for a short time but unlike large cap money management where the biggest firm is the most effective) once a small cap fund gets to be too big (in the range of half a billion) they have too much difficulty finding enough investments and returns fall (costs rise faster than sales at that point).

    --
    Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
  51. starting to have reservations about spitzer by karb · · Score: 2, Interesting
    I'm all for going after the record industry over payola.

    However, at some point you have to ask yourself if having some state AG go after them is the right way. Isn't that the whole point of electing a legislature? Should the regulatory policies of an industry be decided by one all-powerful unelected state official?

    I'm sure this will go over the heads of the slashdot faithful until some state AG decides to take on something we like. At that point slashdot will roundly criticize them for being undemocratic, while failing to appreciate the irony.

    Just remember -- for everything you like done without legislative approval (like going after the record industry) there's going to be something you don't like (like some judge deciding we should have software patents). The best way is to do things the right way or don't do them at all.

    --

    Jack Valenti and the MPAA are to technology as the Boston strangler is to the woman home alone

    1. Re:starting to have reservations about spitzer by jcern · · Score: 2, Insightful

      I disagree. Going after individuals/corporations/entities that violate the laws as defined by the legislature is exactly what he was elected to do. Unfortunately, some of the laws do not make sense and for those we should criticize the assembly. A judge couldn't decide that we should have software patents, but he could decide that existing patent laws apply to software. The legislature makes the laws, the judiciaries just make sure they are upheld (hopefully correctly).

    2. Re:starting to have reservations about spitzer by Anonymous Coward · · Score: 0

      This case already has legislative approval - current law prohibits payola (unless the payer is credited, like an advertisement). It's just that up to now, there hasn't been much enforcement of the law. That's the job of state Attorney General - to protect the public interest by prosecuting cases under existing law. I don't think an AG could bring a case under software patents, since patents would generally have private, not public, owners. The only situation I can think of would be if the State of California owned software patents assigned to the University of California system...but even then, I think the Regents (not the State) would hold the patents.

  52. Quite Right by HangingChad · · Score: 1

    My apologies to fans of Ferris Bueller's Day Off (1986). Google doesn't correct the spelling unless you type in the whole movie name.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  53. Re:I dunno by Anonymous Coward · · Score: 0

    And the reason for the regulation was all of the small snake oil salesmen selling bottled sewer water as a cure-all. The free market did nothing to stop that. There's a happy medium in there somewhere.

    Remember that laxer pharma regulations in Europe allowed both Thalidomide and Laetrile to reach the market there. In the US, Vioxx went to market after the approval of the regulation reducing FDAMA act.

  54. Re:I dunno by Ohreally_factor · · Score: 1

    Ofcourse, big business has been very successful at spreading the meme that market regulation is bad for the market. The reality is that it's good for the market (if done correctly), but it's bad for the behemoth.

    Why call it a meme? Why not call it a lie, since the same businesses that are against regulation are for it when it suits their purposes, i.e., maximizes their profits, protects their markets, etc.

    --
    It's not offtopic, dumbass. It's orthogonal.
  55. Re:GNAA announces victory over mbonig by Zeriel · · Score: 1

    *laugh* You need to read up on the definition on censorship. Censorship is when you can't say it ANYWHERE, the government says so. It's not when slashdot says "For chrissake, we've read this same stupid thing 900 times in the past week, get some new material or get off our damn lawn."

    Once again, I'd like to point out that the GNAA sucks. Bring on the good trolls already, y'know, the ones who are both original and funny?

    You guys are neither. Just sayin'.

    --
    "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
  56. Re:I dunno by johnnyb · · Score: 1

    "The free market did nothing to stop that. There's a happy medium in there somewhere."

    I think the problem is that, right now, consumers are expecting the government to protect them -- something the government ultimately cannot do without becoming a fascist entity. If the expectation of protection were removed, and citizens formed their own regulatory agencies that used trademarks to clearly identify what was approved or not, then citizens could choose to accept or reject the wisdom of the regulatory agencies.

    The FDA kept Ketocal (which cures or nearly cures child epilepsy in most cases) out of the US market for years simply because it disagreed with the way that Ketocal counted carbohydrates listed on their packaging (Ketocal said 3, the FDA said 11).

  57. Re:I dunno by jsebrech · · Score: 1

    Big companies really welcome true market regulation, because it prevents smaller players from entering the field. For example, the reasons drug prices are so high is because regulation makes it virtually impossible for small companies to compete. Therefore, the only people willing to lose money for 5-10 years before becoming profitable are those whose only goal is to become absurdly profitable.

    That's why I used the qualifier "if done correctly". Antitrust law by itself is not adequate as market regulation, because it only goes after problems as they arise, when considerable market distortion has already happened. Market regulation needs to prevent market distortion, not just erase it as it occurs.

  58. looks like you're the dumbass by Anonymous Coward · · Score: 0

    Main Entry: 2censor Function: transitive verb Inflected Form(s): censored; censoring /'sen(t)-s&-ri[ng], 'sen(t)s-ri[ng]/ : to examine in order to suppress or delete anything considered objectionable

    1. Re:looks like you're the dumbass by Zeriel · · Score: 1

      Saying "You can't post this here" is not "suppression", you moron. Saying "You can't post this anywhere" is.

      Additionally, I wouldn't say word one about the GNAA if you guys actually wrote something new more than once a year.

      So it's not censorship I'm advocating, it's removal of inane redundancy. Congrats, you still lose.

      And of course, the GNAA is still the worst trollers ever, finally passing TrollKore in sheer weight of boring-ass repeats no one reads. Although the Ghetto Diaries guy is making a strong showing, he's like the fuckin' Steven King of fart pr0n.

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    2. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      I just gave you the definition of censorship. To say otherwise is ignoring the simple fact you are advocating censorship. (PS, I'm not a GNAA troll, I'm just a random reader who wants to correct your inaccurate statements).

      If you had read the original post in question, which said "time to add a "delete post" operation to /.", this is advocating suppression of the ability of particular people to post.

      Do the readers of a private website have a right to do this? Of course! But it is still censorship.

    3. Re:looks like you're the dumbass by Zeriel · · Score: 1

      Whatever. YHBT. YHL. HAND.

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    4. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      Ah yes, the tired old refrain of people who lose an argument. Can't win an argument? Just claim that you were trolling to cover up your own stupidity!

    5. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      your dumb

    6. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      no yuo

    7. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      nuh uh

    8. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      no yuo

    9. Re:looks like you're the dumbass by Zeriel · · Score: 1

      Who's more foolish, the troll or the troll who trolls him?

      Man, anytime someone says "look it up" then proceeds to use a definition that's different from the one you were urged to look up, it's a pretty clear signal it's a troll.

      Unless you're blind or stupid. Like your own beautiful self. =)

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    10. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      I just pooped on your mom

    11. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      you're face is a smelliebutt

    12. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      Using Merriam-Webster's Dictionary to respond to your innacurate post is trolling?

    13. Re:looks like you're the dumbass by Zeriel · · Score: 1

      No, not realizing my post was an obvious troll was stupid. Continuing to respond is also stupid.

      I'd also like to add, "HA HA, I'm getting paid for this entire thread."

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    14. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      no yuo

    15. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      Oh here we go again. You lose in an argument and know it and then claim it was trolling in effort to hide your own intellectual inadequacies.

    16. Re:looks like you're the dumbass by Zeriel · · Score: 1

      I'm still getting paid for this. And you're still a troll-biter. =P

      So you keep whining, 'cause it looks like I'm the one who's going home and fucking the prom queen.

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    17. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      I'm not the one whining as I am the one who did not lose the argument and then failed at trying to cover that up.

    18. Re:looks like you're the dumbass by Anonymous Coward · · Score: 0

      The only thing you'll be fucking is your spanksock in your mother's basement, slashbot.

  59. Re:I dunno by Anonymous Coward · · Score: 0
    I think the problem is that, right now, consumers are expecting the government to protect them -- something the government ultimately cannot do without becoming a fascist entity.

    If this is your real concern, shouldn't you be lobbying for the abolition of the police and the army, rather than the FDA? After all, the government cannot protect you without being facists, right?

    Berke Breathed was right. Most Libertarians are tax doddging, batshit crazy paranioacs.

  60. I'm reminded of the AC/DC song by tekiegreg · · Score: 1

    Dirty deeds and they're done dirt cheap :-)

    --
    ...in bed
  61. Re:I dunno by khallow · · Score: 1
    I think you're mixing concepts here. Market regulation _is_ generally bad for the market. Antitrust regulation is good for the market.

    Translation: Market regulation is bad for the market. Market regulation is good for the market.

    Remember antitrust regulation is market regulation. Ie, you are regulating just how much market share a market participant can have.

  62. Re:I dunno by khallow · · Score: 2, Insightful
    It's a myth that an unregulated market is good for the small guy trying to break in. The reason this is not the case is the concept of scale effects. When you sell 100 items of a product your fixed costs per product are a lot higher than when you sell 100.000 items, and your variable costs tend to be higher as well (due to the inefficiencies of low volume production). Because your cost per product as a small guy is higher, it is hard to compete against the bigger businesses, who can maintain lower prices and still be profitable. Over time, this effect causes the market to merge in a number of big behemoths (the larger you are the more profit you make per product), and once you reach that point usually they will form cartels, where they use various kinds of underhanded tactics, like predatory pricing, coupled sales, government bribing and so on to keep out new market entrants and maintain higher prices than market forces would dictate. Examples of this are the music industry (the big five), microsoft's windows and office empire, the telecom industry on the local level, and on and on.

    You don't prove your point at all. Economies of scale occur whether or not the market is regulated. A better argument would be to note that regulation can reduce barriers to entry just as they can raise barriers to entry.

    But try this exercise. Name a regulation that doesn't exaggerate the effects of economy of scale or increase barriers to entry. You can find them, but not easily.

  63. SCO by Anonymous Coward · · Score: 0

    Somebody should contact Spitzer about the SCO pump and dump scheme. They are traded on Wall Street right? That should put it under NY jurisdiction.

  64. Stealth payola by docwebhead · · Score: 1

    This will sound familiar to all under ClearChannel's miasma:

    "And now a new one from * records..."

    THAT was your "full disclosure."

  65. Spitzer for President by Electric+Eye · · Score: 1

    You have no idea how happy this makes me. Sure, this may not be the job of the AG, but who else has stepped up? It's clear tyhe scummy record industry has been doing this illegaly for years. Listen to any rock station in any given city adn what do you hear? The same shit played over and over. I refuse to listen to radio anymore unless it's Howard Stern, CBS news or a sports game. Otherwise, I listen to my CDs. Radio is such a joke and is simply a marketing whore tool for the record shills. Gone are the days when DJs actually picked GOOD music to play. Now, we have record companies (who are going the way of the DoDo, thank god) dictating what we listen to. They must all be Republicans....

    1. Re:Spitzer for President by Anonymous Coward · · Score: 0
      Listen to any rock station in any given city adn what do you hear? The same shit played over and over. I refuse to listen to radio anymore unless it's Howard Stern,

      Oh, right. HS is completely on the up-and-up.

    2. Re:Spitzer for President by Electric+Eye · · Score: 1

      Yeah, he does shill for lots of bands, but the rest of his show is genuine. I don't listen to his show for the music, though, unless it's Crackhead Bob singing God Bless America.

  66. Re:I dunno by johnnyb · · Score: 1

    "If this is your real concern, shouldn't you be lobbying for the abolition of the police and the army, rather than the FDA? After all, the government cannot protect you without being facists, right?"

    No. the police protect you from criminals -- people who are actively infringing on your rights. They are also needed to enforce contracts. There is a basic necessity for such things, but not so much that they control what is happening. Government control of privately-owned business is fascism.

    If someone cheats or lies or steals, that's a problem and they should be punished. If someone has lower quality control than you want, DON'T BUY FROM THEM. If they are lying about their quality control, that's one thing. But just because you don't like their standards doesn't mean you have the right to force the government to change their practices. You can simply not buy their product.

    For the record, I'm conservative, not libertarian. I think libertarianism is just a different form of utopianism.

  67. Re:I dunno by johnnyb · · Score: 1

    "Ie, you are regulating just how much market share a market participant can have."

    That's incorrect. You are actually regulating the _behavior_ of entities which have a large marketshare.

    "Translation: Market regulation is bad for the market. Market regulation is good for the market."

    Or maybe I have a more nuanced position than you're willing to give me credit for?

  68. Re:Because without the loophole (MOD Parent Up) by cbeaudry · · Score: 1

    The grandparent obviously did not read the chart he posted. It shows a CLEAR downward slop of listeners.

    Even just looking at 2 numbers, 98 and 2003, you can see the decrease. And if you follow the trend for all years in between, its a slow downward slope.

  69. HE IS GREAT FOR MANY REASONS... by Eric_Cartman_South_P · · Score: 3, Interesting
    I live in New York City, and that Spitzer guy is ALWYAS in the news taking down scams, fraud, etc, on a MAJOR scale. He must never sleep, because I always (without caring or looking specifically for it) see his name in the news papers crackin' down on something big that affects the little guy. He's the only local person in power I've ever respected in my life. And now this? Seriously a man who works for the people. There are a few in the system, and he's one.

  70. It's not just local bands... by The+Queen · · Score: 1

    Why don't you ever hear KMFDM or Ministry on the radio? They've both been around for YEARS, have a pretty large following, yet are relegated to online stations or sporadic college playlists. There a quite a few bands who have the following, the history, and the talent to sell more music, but because of their message, or image, or some other unsavory factor, are kept off corporate radio.

    --

    The House Between - Original Sci-Fi Series
  71. Re:I dunno by Dr.+Evil · · Score: 1

    <armchair opinion>

    We're still one step down from a monopoly, this is more along the lines of Joe's tire shop v.s. the big tire chains.

    You can still produce and sell music yourself, and the costs aren't that high. You can still play at local bars and get college radio play, but you're locked out of the most popular venues you need to finance better production quality because the big guys selling the airwaves are milking too much cash out of the big record companies... it creates an artificial barrier to entry and it's not really anyone's fault.

    If it were a monopoly, rather than a collection of record companies, then the record companies could starve the radio stations for content, compelling them to lower the prices. But since it is not a monopoly, he who backs down, is replaced by his competitor.

    Other than that, I agree, for the health of the market, regulation is required to make this type of business practice unattractive.

    </armchair opinion>

  72. Well... by Anonymous Coward · · Score: 0

    I think we can get an exception for the guy who thought he'd fullfilled his national guard obligation only to end up dead. Bush is pretty lucky an ass-clown like him wasn't president when he was hiding from vietnam. Especially after he failed that physical.

  73. Ridiculous Lawsuit? by funk49 · · Score: 1

    I'm all for a good RIAA bashing as the companies deserve it, but this lawsuit is the stupiest thing I've ever seen. The indie promototers are basically defunct now anyways. This lawsuit is about 8 years too late, when everything was back in full swing. Lots of indies (HITS, McCluskey,etc) aren't doing that great because the labels have pulled the budgets.

    This suit is a wild goose chase, pure and simple.

  74. Re:I dunno by iminplaya · · Score: 1

    ...you must regulate it so no market player can become too powerful.

    Conversely, you could stop protecting the monopolies.

    --
    What?
  75. but market not free by jdunlevy · · Score: 1
    It's a myth that an unregulated market is good for the small guy trying to break in. The reason this is not the case is the concept of scale effects

    I believe this. However, I don't believe the music industry is anything close to an unregulated market.

    In fact, the major labels -- throught the lobbying efforts of the RIAA -- have been increasingly successful at getting Congress to enact laws that make it more difficult for the small guy to break in.

    Recording technology: new media formats and home computers make it cheaper for the small guy to create music and compete with the major labels; Congress enacts law giving percentage of money from blank media sales to the major labels -- threatens to do the same with computers. Webcasting makes it easier for the small guy to get "airplay" (since anyone could set up a webstream for minimal cost -- bypassing barriers to entry of FCC making starting a new over-the-air station difficult and very expensive ( not to mention the major labels -- through independent promoters -- having already independently blocked access to radio airplay via loopholes in anti-"payola" laws -- part of the issue Spitzer's addressing); Congress passes laws requiring webcasters to pay the major labels. Low-power FM makes it easier to start an independent radio station? Guess what, Congress blocks that, too. Peer-to-peer networks make indie distribution easier? We know what happened there...

    Basically what happens: the small guy trying to enter the market is taxed and the proceeds go to keep the big guys in business -- to shore up monopolies.

  76. three words by NoSelf · · Score: 1

    Spitzer for President!

  77. What's Wrong with Payola, Anyway? by Uruk · · Score: 1

    Why do record companies put singles on the air? To advertise albums. Why do companies put advertisements on TV? To advertise products. People charge for advertisements on TV (both inside of the primary content in the form of embedded ads, and outside the primary content in the form of 30 second spots)

    So what's wrong with payola, anyway? It seems to me that it's not a bribing behavior (or is perhaps only because people say it is) Record companies are paying in effect to advertise their product. How is that sinister again? Because other musicians don't get heard? Does that make the New York times a bribe-accepting organization for placing their printed ads outside of my price range, or ABC a corrupt organization for pricing their 30 second spots and product placements in sitcoms outside of my range?

    What again were the sinister implications of companies making deals with radio stations to promote their songs?

    --
    -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    1. Re:What's Wrong with Payola, Anyway? by squiggleslash · · Score: 3, Informative
      Advertising is marked as such, payola isn't. Payola differs from advertising in that specific way. If the DJ says "I'll tell you what I want, What I Really Really Want is brought to you by Virgin Records. Here's the song" then that's not "payola" because the fact that it was a sponsored record was made completely clear. It's an advert and there's nothing illegal about it.

      Infomercials would be illegal too without the "The following is a paid advertisement for Ronco. The views expressed in this program do not... (etc, etc)" notices.

      It's about disclosure.

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:What's Wrong with Payola, Anyway? by Uruk · · Score: 1

      So by that rationale would embedded product placements in TV shows be illegal?

      """Wow Gary, why don't we take a quick break from fighting crime to enjoy a bubbly refreshing Coca Cola at the local McDonalds!"""

      I've listened to radio for years, and I never actually thought that the DJs were picking the songs. (Well, maybe on college radio they do, but in general, it's clear that Wacky Wild Willy the morning guy on your local station is putting on an act to get paid) Come to think of it, I can't even remember a time when I heard a DJ say something akin to "I picked this song". I've heard them say that they like a song, or that it's great, but never personally endorse the choice of song.

      Even then...I mean come on. Are we banning payola in a vain attempt to preserve the nation's trust in our DJ's choice of music? Come on! Does anybody think that Tiger Woods uses Nike because they're the best brand on the planet?

      As far as I can tell, the only thing payola laws serve to do is to make payola more indirect, and to preserve people's ability to be naive about promotion.

      --
      -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    3. Re:What's Wrong with Payola, Anyway? by fucksl4shd0t · · Score: 1

      You have to take a few more steps back and look at what's going on in the whole industry, I think. The purpose of copyright law is to provide a way for creative types like musicians to possibly make a living on the free market, thus allowing them to be more productive, make more, and so forth. The target end result is a rich culture with lots of diversity.

      Payola (among other aspects of the music business) works against that goal by making it possible for small-time groups to be kept out of the mix entirely, solely by making the price to play too high through immense generosity to the radio stations. This creates a situation where the single most common method of hearing new music is controlled by the people who have the largest interest in controlling the music available on the market. So it shuts out bands that the record labels think won't be worth any money.

      This flies in the face of the noble intent of copyright by removing the free market as an input to how much money musicians make.

      Sure, point out all sorts of alternate ways to find music (with the #1 method being what your friends tell you, of course), but no matter how many alternatives have existed historically, radio was the most-used, therefore the government has an interest in stepping in and doing something.

      Now, I'm not saying the government did it for the sake of their precious copyright laws, but it does make sense to me in that context. I'm also not saying I'm opposed to record labels just buying 3-5 minutes of airtime and having the DJ say "The last 3-5 minutes of airtime were sponsored by Dadadadadada Records". I'm opposed to the record labels controlling the medium rather than competing within the medium. I'm opposed to the fact that no matter how many people call the radio station and request a specific song, it still won't get played unless the record label pays the radio station, so we don't even get to vote directly by calling the radio station. I'm opposed to so-called "request hours" that are the same as their regular playlist because the only requests they play are for songs that are already on their playlist.

      Ack, we can argue all day long, and I'm sleepy and probably didn't completely make my point. Hopefully I at least gave you an alternate way of looking at it.

      --
      Like what I said? You might like my music
  78. Re:I dunno by phobos13013 · · Score: 1

    As far as Spitzer goes, he seems to be doing a great job battling corruption throughout NY. I've been impressed with how much he is accomplishing.

    Theres been some gossip in the political world that Spitzer has some aspirations well beyond NY Attorney General. And i agree with you, his work has been a major benefit to the state and some instances this country. He is hugely popular in the state too. I dont know if President is on his list, i can say i would vote for him... but whatever he does i think its gonna be big. Maybe possible Senate seat after Clinton runs in 2008...

    --
    ...and it should be known by now
  79. Doesn't follow by gidds · · Score: 1
    Even if listeners are getting more numerous (which other posts dispute), it still doesn't follow that radio stations are playing the things that people want to hear.

    All it shows is that people prefer what they're playing to not listening at all. It doesn't mean there aren't many other things that they'd much rather hear instead.

    --

    Ceterum censeo subscriptionem esse delendam.

  80. Re:Wrong person by !ucif3r · · Score: 1

    Oh yeah I know royalties are paid for all music played. The article refers to the practice of music companies paying radio stations to get their new hits played, thus making them new hits.

    So all I am saying is that no music company is paying to get 70's and 80's music played, but the radio stations do pay to play those songs of course.

    --
    "Take that Lisa's beliefs!" - Homer Simpson
  81. State AGs are elected by dodongo · · Score: 1

    at least in Indiana. There's a race on my absentee ballot right now, as a matter of fact.

  82. Re:I dunno by peter+hoffman · · Score: 1

    In a Libertarian world the politicians don't have the sort of power politicians have today. There is no point in trying to buy a politician in a Libertarian world because he has no authority to promote legislation to benefit a group. That's one of the basic points of Libertarianism.

    The Bush administration is nothing like a Libertarian government. A Libertarian government would not have the power to be able to pass legislation that benefits companies. What you have described is not Libertarianism.

    Anyone who would like to learn what Libertarianism actually is should visit the Libertarian Party's web site.

  83. Re:I dunno by Anonymous Coward · · Score: 0
    If someone cheats or lies or steals, that's a problem and they should be punished.

    Isn't selling a cure that doesn't work exactly that? If a vendor ignores or refuses to engage in clinical trials and people die isn't it criminal?

    I'm posting anonymously because I work for a small company in this industry and having seen what I have seen, I'm grateful for a strong FDA. We've not done anything illegal, but sometimes I think the only reason we haven't is that someone would go to jail. There are a lot of cheats and liars in the healthcare industry. One look at the Ephedra peddlers, who work under the relaxed standards you free market utopians embrace should convince you.

  84. sounds good; not true by sbma44 · · Score: 3, Insightful

    I understand what you're saying about subjectivity. But you're acting like it's an absolute; that all bands are equally good since objective measurement is difficult or irrational. But that's not true. Subjective quality is not uniformly.

    You might have a real point if airplay correlated with album sales. But there are glaring exceptions. Look at Radiohead. Look at Steely Dan. Look at the Grateful Dead or Phish. There are lots of bands who aren't on the radio, yet have huge album sales. The issue is not radio reflecting the taste of phillistines; it's radio reflecting its own corporate ambitions, and intentionally shaping the preferences of the casual listener.

    As a person's devotion to music increases -- i.e., more time is paid to the hobby -- the overwhelming majority turns away from what's on the radio. They may turn to obscure country, or blues, or indie rock, or jazz -- whatever. But very few people who spend a lot of time listening to and reading about music find their love of Britney Spears' artistry deepening.

    Is this just en-masse elitism? I'm sure to some extent it is. But I find it hard to believe that solo artists locked into multi-album deals -- the kind of artists that are most profitable to the record companies -- are the "naturally best" solution to serving casual listeners (at least from the listeners' perspective).

    You're right that the subjectivity of art means we can argue forever about what ought to be on the radio, but one thing should be clear: whatever it is, it isn't what's on the radio now.

    1. Re:sounds good; not true by thefirelane · · Score: 1

      There are lots of bands who aren't on the radio, yet have huge album sales. The issue is not radio reflecting the taste of phillistines; it's radio reflecting its own corporate ambitions,

      See... your whole post was written under the impression that radio is a system designed to get people to buy more albums. Radio is a system designed to sell ads to get people to buy things. Perhaps Phish and Dead fans aren't as materialistic and consumeristic as your average B. Spears Fan.

      This whole 'Payola' thing is just the radio companies realizing they can make money off what was once a loss.

  85. don't play good songs from common bands by Anonymous Coward · · Score: 0

    Haven't both DJ'd classic rock and spent a lot of time listening to it, the argument that they don't play obscure bands is ridiculous. These are called one-hit wonders.

    The problem is that only a small # of songs from good bands are ever played. The Stones, CCR, Neil Young, The Floyd, _____, etc. released a LOT of music, but only a small amount of their stuff (typically, the crappier stuff) ever gets air play on commercial stations, especially during the week. Additionally, there are BIG bands of the classic rock era, that only get one hit played (e.g., Ten Years After).

    I don't know if its corporate payola, or corporate rock stations with no creativity (DMX really is better than radio).

    I think that the answer is real community-level programming, for better or worse, internet, and sattelite radio. I think that broadcast (i.e., sequential, single-channel) radio stations will be obsolete within the next 20 years, anyway.

    I thought only highschool kids smoked cloves? So much better stuff to smoke.

  86. Re:I dunno by Anonymous Coward · · Score: 0

    There is merit in the idea of private armies and security forces. It prevents the militarization and imperialization that occurrs with large standing armies. It also leads to a situation where armies are used on a need to basis as opposed to a we have an army, lets use it basis (like the USA has). Also if you don't believe in soemthing, why should you fund it (see pacifists living and paying taxes in the worlds most militarized country)?

    JAAC

  87. Re:I dunno by Anonymous Coward · · Score: 0

    How would a libertarian government stop predatory pricing to eliminate competition, consolidation into monopolies and cartels, and prevent industry from buying politicians to enact laws that prevent competition. Under the Bush administration Business sets the agenda, under libertarianism Business REALLY sets the agenda. What you are seeing a glimmer of under Bush is what a Corporate Republic would look like if it had enourmous self-control. They want a vast industrial plantation full of share croppers in perpetual debt. We've already seen what that kind of monopoly looks like. There is a reason Great Britian moved away from that. And ultimately, it makes for weak nations anyway.

  88. Re:Payola is Rampant...not just in radio by Idarubicin · · Score: 1
    After all, if they say, for example, 'Talk to your doc about cholesterol' they will still sell more cholesterol lowering drugs.

    This is true. In Canada, radio, print, and televions ads are allowed to discuss either a specific medical condition and encourage you to talk to your doctor about it, or to tell you the name of the (prescription) drug, but not what it treats.

    Since these ads continue to be displayed, I can only conclude that they have some effectiveness. And as long as people are consulting their physicians to decide on and manage their medication, it's probably not a bad thing.

    Watching U.S. drug ads on television, I'm a little concerned...or amused. I remember an antidepressant ad from a few years ago where they did everything humanly possible to show distracting visuals with positive associations (butterflies flitting about, the protagonist bouncing about gleefully) to try to distract the viewer from the rapid-fire spoken delivery of the list of side effects.

    --
    ~Idarubicin
  89. I would vote for him by sprekken · · Score: 1
    He seems to be the kind of person who doesn't give a shit how powerful you are, he will kick their ass anyway. It is refreshing to see someone in a position where they can do some good, and actually doing some good! Man, what would it be like to have someone in government actually do that?

    Spitzer is a smart guy. I could see him making a good contribution to the country.

  90. Now to Reality.... by lysium · · Score: 1
    Isn't that the whole point of electing a legislature?

    Are you at all familiar with the effectiveness of the current New York State Legislature? Or that of the New York State Executive, Pataki? Neither are shining examples of responsive or responsible government.

    Do you honestly believe either of these bodies would have punished the financial industry for their crimes during the Internet Boom? I'll have a nice hearty laugh at the thought.

    --
    Together, we will drive the rats from the tundra.
  91. Re:I dunno by Anonymous Coward · · Score: 0

    If someone dies because of a faulty product, guess what, the company owners, the production managers, and the the quality control engineers should all be put on trial for manslaughter. By protecting corporations and their employees and owners from legal action, we really deserve to reap what we have sown. Libertarianism and the free market in general are incompatible with government regulation, especially in terms of corporation personhood.

    JAAC

  92. Re:I dunno by peter+hoffman · · Score: 1

    I don't know how to be clearer: a Libertarian government does not have the authority to pass laws that would prevent competition. The only reason the laws you describe can be passed and enforced today is because the ultimate source of power and authority, we the people, has ceded that authority to the current government (regardless of party).

    Great Britain has never had any close to resembling a Libertarian government.

    Finally, Libertarianism has never in this history of the world made for a weak nation.

  93. Re:I dunno by johnnyb · · Score: 1

    "Isn't selling a cure that doesn't work exactly that? If a vendor ignores or refuses to engage in clinical trials and people die isn't it criminal?"

    Not if they were aware of these issues. If I choose to do something stupid, I will get stupid consequences.

    If someone says "this will cure X" and it just flat doesn't, that's lying. That's what I think should be illegal. If it has major side-effects or problems, the information should be available. If no tests have been performed to check side-effects, that information should be available. Lying about a product should be criminal -- a consumer not checking into things should not be.

    "There are a lot of cheats and liars in the healthcare industry."

    Cheats and liars should be prosecuted. That's the purpose of the law. If they were fair and straight with what the side-effects or the amount of testing that their product has been under, then it's in the consumer's ballpark to decide.

  94. Re:Payola is Rampant...not just in radio by Anonymous Coward · · Score: 0

    Drug advertising contributes to the cost of the medication, on the order of 10%.

    I doubt it. Drug companies spend more on advertising & promoting drugs than they spend on drug research & development.

    The biggest scam IMHO is that all pharmacies sell prescription info to drug companies, without the patient info. They use this to build a profile of the doctors.

    So, the drug salesman sees the doctor and says, you've been prescribing drug X from our competitor. Drug X is for treating disease Y. We think our drug, drug A is much better than drug X. If you prescribe more drug A than drug X next month, you'll get some cash (or a trip to Hawaii for a 'medical conference', etc)

  95. Re:I dunno by Xyrus · · Score: 1

    Exactly. The reason why "pure" capitalism will never work is because humans (indeed most life forms) have a survival of the fittest atitude. Fittest meaning, "I WILL FIND ANY WAY TO PREVENT YOU FROM TAKING WHAT I HAVE AND CRUSHING YOU OUT OF EXISTENCE YOU LITTLE F*CK!". The monopolies, oligopolies, and trusts are very strong proof that an unregulated market can not work as companies will do whatever it takes to control the market. An ideal free market would follow the rules of nature, where a natural balance prevents companies from becoming too large and powerful*. Markets need smart regualtion. I still think we have a ways to go on that. ~X~ * Nature keeps a balance except for the rare genetic mutation affecting a rather obscure chimp-like creature that allows it to become an intelligent animal that dominates the planet. However, even in those odd circumstances, nature is more than happy to wait for said creature to wipe itself out and then regain the balance.

    --
    ~X~
  96. Tertiary Phase anyone? by Em+Adespoton · · Score: 1
    For some reason, this reminds me of cricket, as described in Tertiary Phase, ep 3:

    Slartibartfast provides a rather startling Informational Illusion to give Arthur and Ford the history of the Krikkit Wars, an intergalactic conflict of billions of years ago, where a seemingly innocuous and pleasant race of hominids journeyed beyond the black and opaque dust cloud surrounding their solitary planet with its solitary star and were appalled to discover they were not alone in the universe but surrounded by many other planets teeming with life. The Krikkitmen built lethal white robots wielding war clubs which were used to propel small red grenades over vast distances, to destroy everything in their path - in fact, to kill everything everywhere but their masters.

  97. maybe you have a more nuanced position by sirshannon · · Score: 1

    maybe you should explain it if you want credit for it. How do you see regulation of an entity in a marketplace as different than market regulation? Market regulation, to me, means regulation of the entities in a market. I am not a "free market" person at all, I am one of those damned vauge "fair market" people, but I have to agree with the summary of your post as "Translation: Market regulation is bad for the market. Market regulation is good for the market." as well as the comment that everyone is for regulation when it benefits them but not when it hinders them. Seems like your post (and my personal theories) supports that view.

    1. Re: maybe you have a more nuanced position by johnnyb · · Score: 1

      "as well as the comment that everyone is for regulation when it benefits them but not when it hinders them. Seems like your post (and my personal theories) supports that view."

      Not quite. I am for no regulation in the default case. I think regulation should be relegated to cases of dishonesty and corner cases of abuse.

      Right now, to start a business, it is a legal nightmare, some industries worse than others. I think that a part of personal freedom is the freedom to engage in commerce. I certainly think that if I am doing something inherently unethical I should be stopped, but I don't think I should have to hire a lawyer and pore over volumes of government regulation just to operate a personal business.

      Basically, I think that regulation should be more reactive than proactive.

      What I find most funny are the people who don't like working for large corporations, but insist on so many market regulations that only large corporations would be able to comply.

    2. Re: maybe you have a more nuanced position by sirshannon · · Score: 1

      so, in other words, you are for regulation when it benefits you (anti-trust laws that prevent supply-and-demand pricing by a company that runs 99% of a market, for example) but against it in when it hinders you (the default case: starting a company). In other words, market regulations are bad. Market regulations are good.

    3. Re: maybe you have a more nuanced position by johnnyb · · Score: 1

      I don't see where you get the "you" from in this case.

    4. Re: maybe you have a more nuanced position by sirshannon · · Score: 1

      "you" is a pronoun I used (as is common) to refer to the person I was replying to. I don't know what part of "you" is causing you [uh, oh, there I go again] trouble, if you explained a little further I might be able to help.

    5. Re: maybe you have a more nuanced position by fucksl4shd0t · · Score: 1

      I think you're trying to misunderstand what he's saying, or you're just trying to defeat him rather than disagree and discuss.

      Without consulting a dictionary, I tend to think "generally" means something like "most, but not all, of the time". So, let's say 80% of the time. So 80% of the time market regulation is bad. 20% of the time, market regulation is good. Antitrust law falls in the 20% category rather than the 80% category. The guy then went on to give examples of regulation that he figures falls into the 80% and the 20% categories.

      I'm not saying I agree with him. Actually, I generally agree with him. In this case, I agree with him approximately 85%, based on what he has said. He may post more, in which case I may find I agree more or less than I did before.

      --
      Like what I said? You might like my music
    6. Re: maybe you have a more nuanced position by sirshannon · · Score: 1

      I agree with the general idea of what he said, too. I think think that market regulation is bad when it hinders me and is good when it helps me. I won't make up percentages or claim to be more nuanced than that. I'll just say "Market regulation is bad for the market. Market regulation is good for the market."

      I never disagreed with that. However, he claimed he wasn't getting proper credit for having a more nuanced position than that, (and that anti-trust regulation isn't market regulation) so I suggested he demonstrate the nuance for those of us that already understood his position and were able to simplify it a little more than he wanted.

    7. Re: maybe you have a more nuanced position by fucksl4shd0t · · Score: 1

      Aha. So maybe it was more of what I thought at the top of the thread, eh? I thought your first response to his post was a joke and I chuckled. :)

      Nevermind then. Carry on, and so forth. :)

      --
      Like what I said? You might like my music
  98. Re:I dunno by peter+hoffman · · Score: 1

    The argument above is not entirely correct. There are three basic areas in which to compete: (1) best price, (2) best reputation, (3) best product.

    Small businesses which become successful usually do it as a result of being pursuing area #3 by being innovative. Regulated markets tend to discourage innovation as there are mandatory requirements that must be met. These requirements are not a problem for an established company with sufficiently deep pockets but they can be insurmountable for a small company.

    Regulation is often lobbied for by existing companies to keep small companies from entering the market. For example, according to a co-worker of mine who used to be in the business, the water leaving a metal plating facility now has to be cleaner than the drinking water entering the facility. This legislation was lobbied for by the larger plating companies because they could afford the extra equipment while the smaller competitors could not. As a result, small plating companies have gone out of business.

  99. I am REALLY looking forward by Intraloper · · Score: 1

    to being able to Vote for Spitzer. And I live in California... which is a clue as to the office I want to be voting him into.

  100. groupthink by Anonymous Coward · · Score: 0

    Next you'll be calling 'em clove smoking commie pinko faggot hippy oddballs.
    "Hey! This guy said this should be on the air. Fuck that! He's weird!
    Let's listen to this corporate pre-fab shit like everyone else! Duuuuuhhhhh!!"

  101. Re:Payola is Rampant...not just in radio by bloosqr · · Score: 1

    They will also pay for you to regularly go to "conferences" which in hawaii, caribbean etc etc.. It ends up being a free paid vacation with the added benefit that these conferences count as the "catching up in the field" requirement of states/hospitals.

  102. Re:I dunno by peter+hoffman · · Score: 1

    The post above is not correct. There is such a thing as a common interest where people are better off cooperating voluntarily than competing. Of course, people have to be sufficiently well educated and logical to realize that, for example, killing your neighbor today may result in your house burning down tomorrow when no one will help you put out the fire.

  103. Re:Payola is Rampant...not just in radio by trixillion · · Score: 1

    If I were a doctor I would have prescribed ambien for you - mug or no mug. Your point is well taken, but ambien has obscene sales for a reason... it works and, unlike the benzodiazapines, it will not dope you up.

  104. Radio Vs Internet by satchboogie · · Score: 1

    I hear some stuff today that is actually appealing to me (some Jet, Hoobastank, new GreenDay) and a lot that is not.

    I tend to favour the music that is not played 10 times a day on every radio station, unless it makes me feel something.

    It has been already said that once a person becomes passionate about music they avoid the radio more. I agree. However, exposure to newer/unheard of material is the key here.

    A better variety would be nice. Instead of plugging the same crap 10 times a day, how about only three times and add OBSCURE BANDs A-Z once in a while? Some radio stations used to do that. 88.7 (89X) in Windsor/Detroit used to be great for that. Then they became a CHUM group member and now they are 10 times a day with Lincoln Park (although i dont' mind the Habbit too much).

    Radio will never be a variety show were everyone gets heard once. That's where the internet is helping. Many filesharing networks enable hearing the files before a complete download. That way you can sample. Yahoo and others offer links to sample music aswell. That's a great idea. Yes, mostly popular stuff is linked, but some sites devote themselves to less popular stuff.

    Rather than fight the radio, let the RIAA have their last chance at conforming sheep with the radio, and focus on the newer methods of experiencing music. Filesharing and samples.

    If a new artist has decent material, say I discover it by downloading or sampling it, then I will for sure support them by buying the album.

    I had the option of downloading MEPIS linux for free. I didn't. I paid $15 US to purchase the CD. I am giving it a fair chance, sampling, and if I like it I'll give them the "steak dinner" review ($30) on their website. That too goes to development.

    Rather than force people to buy and let them decide whether they like it or not (or force them to like it as the RIAA would have it) let people make their own decisions and pay on their own.

    Some will steal, but those people more than likely would not buy it anyway. I pay for what I like, not for what I want to try.

    Just my 2cents (damn, wallet is empty now, grrr tuition fees!)

  105. Why Did it Take So Long by nightsweat · · Score: 2, Interesting
    Spitzer is making a name for himself by taking on all the corrupt institutions one by one. Like Leonard Cohen sang,
    Everybody knew that the dice were loaded,
    everybody rolls with their fingers crossed,
    Everybody knows that the war is over,
    Everybody knows the good guys lost
    Everybody knows the fight was fixed
    The poor stay poor, the rich get rich
    That's how it goes
    Everybody knows
    So what took so freaking long? Why has it taken decades to take on these obviously corrupt institutions? Shouldn't EVERY Attorney General been after these creeps on Wall Street and in the insurance industry and now in the music business?
    --

    the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
    1. Re:Why Did it Take So Long by Anonymous Coward · · Score: 0

      Because like every AG before him, he just hasnt gotten himself on their payola yet. The only way I will trust this guy is if he persues it its conclusion (actually exposing the music industry).

  106. EXACTLY by sirshannon · · Score: 1

    Music is subjective to an extent. Just like fine cigar, a good car, a great photoshop document, a good photograph, etc. Those things are subjective in some ways but to claim that there is not such a thing as cheap, poorly-made, mass-produced [cars, CDs, cigars, movies] of inferior quality that mainly exist simply because they are cheap to produce and just good enough to appeal to the lowest common denominator is just wrong.

    And whenever the designers I work with tell me that I can't call music "bad" because it is art, I show them my last design work (I am a programmer) and tell them they can't say it is bad because it is art. They disagree, of course, and tell me that my art sucks.

  107. Re:I dunno by jsebrech · · Score: 2, Insightful

    You don't prove your point at all. Economies of scale occur whether or not the market is regulated. A better argument would be to note that regulation can reduce barriers to entry just as they can raise barriers to entry.

    Economies of scale are the explanation of why a totally unregulated market over time turns into a few large behemoths, unless the product doesn't afford barriers to entry or economies of scale (very few products are like that). I think I made that point, you may want to refute it.

    But try this exercise. Name a regulation that doesn't exaggerate the effects of economy of scale or increase barriers to entry. You can find them, but not easily.

    You can find anecdotal evidence to bolster any argument, I could easily come back and cite countless examples of just such regulation, but it wouldn't support my case. My case is that an unregulated market is inherently a sick market because it will grow steadily more inefficient. Regulation is the fix for this problem, not the cause, even though regulation, if done poorly (most often the case), can increase market inefficiency even more than monopolization will.

    So, yes, you're right that regulation can be very bad for the market. I'm not arguing that it's not. I'm arguing that you need regulation to keep a free market free.

    How about this exercise: take a look at markets in zones of lawlessness, like warzones, and see how efficiently they function, how "healthy" they are.

  108. It used to be illegal... by jeff13 · · Score: 1

    In the past, to prevent corporations from controling information technologies, the Courts created a law to SEPERATE them. As we all know from eps of WKRP in Cincinnati, when a corporation paid off media to play thier crap it was called "payola".

    Now, thanks to 20 years of deregulation from Corporate Raiders, the FCC has allowed "convergence" to replace the seperate mediums of information technology - TV, Radio, Newpaper, etc.

    The affect has been complete corporate control - you listen to the same "message" on your TV, Radio, Newspaper, etc. The very same message.

    Today, it's not called "payola", it's called "Business as usual". Scary but true.

    Funny... but isn't this much coporate control pretty much like state run agencies? Sorta like the Soviet Union. You getting the picture people?

  109. Re:I dunno by soft_guy · · Score: 1

    Can you give us an example of any country that has had a libertarian government that you can point to as a positive example of what you are advocating?

    --
    Avoid Missing Ball for High Score
  110. Re:I dunno by soft_guy · · Score: 1

    So, under your rules I could sell radium as a cure-all?

    --
    Avoid Missing Ball for High Score
  111. Re:I dunno by johnnyb · · Score: 1

    You could sell it, but not as a cure-all, unless you revealed that you haven't actually tested it on anything and have no idea if it really works.

  112. American Routes by pNutz · · Score: 1

    At a glance I thought the headline was talking about NICK Spitzer taking payola from the record companies. I almost cried.

    "Next on American Routes, a soulful singer who's Southeast Louisiana influence is still resonating in her music: Brittany Spears."

    --
    Death and danger are my various breads and various butters.
  113. Marketers and money interfere with real music by microbox · · Score: 1
    I know a little about art and independent artists, and I've seen how and who the industry picks up by following those independents as they struggle for recognition.

    If you want to form a band to make money, the easiest thing to do is to play covers. That's the effect of all that marketing energy on the music scene.

    Just think of the process of making music. If the artist plays covers, then they should bring something new (otherwise they're just a recording). If artists write songs, they should be creating something new. The artist is successful if they realize their intention, in that, the audience appreciates the artists intention.

    In general, musicians are interested in that process of making music. If they identify with the artist on that level, then they usually consider it music.

    None of that has anything to do with making money out of the music business - which focuses on marketing. Marketing is where the real return on investment is, so it makes perfect business sense, but is also makes absolutely zero music sense. Image sells, and there's a practical formula being applied.

    1. Own a monopoly on an artists work
    2. Make that artist a celebrity
    3. Sell that celebrity
    4. Watch the teens wet themselves as they dish out their pocket money
    I saw a top marketer smugly declare that you can sell anything to anybody... "it's a game". All they have to do is push product, and if they can control the product, then even better.

    The marketers have found the perfect formula if you're interested in $$$, but the "hit parade" or "top 40" is nigh on a complete failure when it comes to real music. The truth is that while must musicians appreciate the skill and achievement of hit bands, they find a (loose) correlation between their success and the blandness of their music.

    It's not the same as saying the average person doesn't have any taste in music. People (particularly children and teens) are putty in the hands of marketers. Everyone likes money, but musicians are also interested in real music!
    --

    Like all pain, suffering is a signal that something isn't right
  114. Stupid large plating companies by Exmet+Paff+Daxx · · Score: 1

    They should have just used their lower costs and economics of scale to undercut the small companies until none were left, then forced all their customers to enter 20-year exclusive contracts. There's no need to use market regulation to enforce your monopoly in a free market- once you've established a trust position in a free market maintaining it is absurdly easy. This is the point of libertarianism- to create a single trust which owns the whole world.

    --
    If guns kill people, then CmdrTaco's keyboard misspells words.
    1. Re:Stupid large plating companies by peter+hoffman · · Score: 1

      The problem of the larger company is they had no economy of scale. IBM has 300,000 employees yet a typical consultant costs over $200/hour. You can get the same consultant (me) working as an independent for $100/hour. This is because I don't have to overhead of IBM and I am more efficient.

      Similarly, the large plating companies could not compete on price and they could not compete on reputation (who are you going to trust, they guy in town everyone swears by or the faceless megacorp everyone swears at). Therefore, the large companies had to seek a legislated barrier to entry that would prevent new competitors and drive out existing ones.

  115. Re: $100K by The+Patient · · Score: 2, Insightful
    If you're talking about a community station, you MIGHT be able to do it with that much, but you'll be running a very barebones operation.

    If you're talking about a commercial radio station which has a chance of actually giving you a return on your investment, then you're going to need at least a million for:

    Engineering studies
    Transmitter
    A building from which to operate
    A position on someone's tower, unless you want to build your own site
    A plethora of fairly expensive equipment, including on-air and production studio consoles, some sort of digital audio playback system, CD players, audio processing gear, an STL link to get the signal from the studio to the tower, broadcast quality microphones, a number of personal computers and all the software that goes with them, a network and a few hundred other pieces of gear -- descriptions of which I can't think at the moment
    Salaries for airstaff, newspeople, programming staff, producer(s), traffic department staff, creative department staff and sales staff
    Various licensing fees
    Subscriptions to record labels so that they'll send music to you
    A promotion budget large enough to enable you to compete with the other stations in your market

    You'll also have to spend a significant amount of money preparing a good case to the regulating authorities regarding exactly why they should give a license to YOU and not one of the other applicants.

    Oh, and this is all based on Canuck Bucks. Adjust accordingly for US based operations.

  116. Re:I dunno by peter+hoffman · · Score: 1

    Logically, I don't have to give an example, what I was saying is I know the person I was replying to cannot give an example of a weak Libertarian government. This is mainly because no country has ever actually had a Libertarian government. I was pointing out, obscurely perhaps, that his assertion was prima facie bogus.

  117. Re:I dunno by qzulla · · Score: 1

    Probably Another Brick in the Wall Part II. The we do't need no education song.

    PS That was a great concert!

    qz

  118. Shakira by tin+foil+hat+dude · · Score: 1

    Yes, I'll admit it --I am the one calling all the radio Stations requesting Shakira---ohhh she's a real latin spitfire. I also called ABC hoping to have Shakira replace Charro on the next Love Boat Special. When I was younger I made radio stations play Manilow's Copacabana. Thereby singlehandedly creating the Punk backlash. I also filles my iPod with Styx, Journey, and REO Speedwagon to see if I make it implode. Good luck changing the music industry---It all sucks, and really kind of always has sucked. (Honestly I really do like John Denver though..)

    --
    Reality is all that stuff that doesn't care if you believe in it or not.--Solomon Short
  119. Re:I dunno by squiggleslash · · Score: 1
    Great Britain has never had any close to resembling a Libertarian government.
    Other than throughout most of the nineteenth century, maybe?

    Things were so laissez faire during that era, at least one country (Rhodesia: what Zimbabwe is today) was annexed by a private army hired by a diamond tycoon (the infamous Cecil Rhodes.)

    No welfare state, low taxes, government generally (until the end) keeping out of people's private and economic lives with the exception of the occasional bit of censorship. Extreme punishments for screwing up (debtors prisons and whatnot.) Very close to a libertarian system - get rid of the censorship, and it's actually a little more extreme than most libertarians I know would feel comfortable with.

    --
    You are not alone. This is not normal. None of this is normal.
  120. Re:I dunno by peter+hoffman · · Score: 1

    You are quite mistaken about Britain being a Libertarian society at any time, let alone the 19th century.

    Your example is flawed: Cecil Rhodes was only able to operate in Rhodesia because the British government gave him the OK. Once he was ensconced in Rhodesia he was able to make sure their laws favored him and his friends.

    To quote Inigo Montoya "You keep using that word. I do not think it means what you think it means." Perhaps this will help?

  121. Re:I dunno by mi · · Score: 1
    The song (I forgot which) was a hit across the country, but was not played by a single radio station in Los Angeles in the week before the concert.

    And what? Did somebody die? Did ambulances stop running? Did the "Emergency Broadcast System" malfunction?..

    Since when is the government responsible for entertainment's quality or lack thereof?

    --
    In Soviet Washington the swamp drains you.
  122. Re:I dunno by squiggleslash · · Score: 1
    You are quite mistaken about Britain being a Libertarian society at any time, let alone the 19th century.
    I didn't say it was a "libertarian society" anywhere in my post. I replied to the comment "Great Britain has never had any close to resembling a Libertarian government." saying that, actually, in the nineteenth century, it did.
    Your example is flawed: Cecil Rhodes was only able to operate in Rhodesia because the British government gave him the OK. Once he was ensconced in Rhodesia he was able to make sure their laws favored him and his friends.
    The British government itself was actually opposed to the idea. However, legally there wasn't anything it could do at the time.

    Incidentally, people argue that governments aren't libertarian enough on the grounds that the government prevents something from happening, not that it allows it.

    To quote Inigo Montoya "You keep using that word. I do not think it means what you think it means." Perhaps this will help?
    Oh, good grief. May I suggest you take a history course. Other than a bizarre description of Rhodes which is factually wrong, wouldn't matter if it's factually right or not because the comment's irrelevent, you haven't actually addressed any of my comments. Do you deny that it was possible to raise private armies in nineteenth century Britain and invade countries without government support? Do you deny that welfare was completely privatised (limited to workhouses provided by the church), that taxes were low, that the government generally kept out of people's private lives, not to mention that the government left health and safety and wages and job security to the discression of the employers and employees, that in general, with the exception of censorship, the government stayed out of people's private lives?

    If you do not, what else - other than the censorship I mentioned - would you say means that the UK government was so fascistic that you'd consider it "not even close to a libertarian government"? I'm not asking for proof it wasn't libertarian, I'd like to see something that you can point at that the UK government did that made it so anti-libertarian it wasn't even close.

    --
    You are not alone. This is not normal. None of this is normal.
  123. me karma ran over me catma by Anonymous Coward · · Score: 0

    Hey, easy on us damned Wiccans!

    I do wonder tho, the site says that the function of Karma is learning. Isn't that essentially against the purpose of RIAA, who appear committed to apply and twist a select section of status quo ideas to cover very different circumstances?

    Or does it mean learning to be a better bad guy?

  124. two words: supreme court by nan0 · · Score: 1
    EXACTLY. the pres is no emperor or king, but he's still at the helm of the free world.

    and this next one has a fair amount of control over the only 'deep time' that exists in our tertiary system: a few more justices will be added over the next four years.

    from www.electoral-vote.com:

    "It is very likely than multiple vacancies will occur on the Court in the next four years. The court will undoubtedly have to rule on cases involving abortion, the Patriot Act, and other divisive issues."

    1. Re:two words: supreme court by Almost-Retired · · Score: 1

      With predictable results. What gets me is that no matter whom is put forth as a candidate for an impending empty seat, the other party will skewer them until they say screw it, the character assassination being done is inexcusable. Its no wonder the Pres has to wait and do recess appointments.

      Cheers, Gene

  125. Re:I dunno by peter+hoffman · · Score: 1

    I don't see any point in continuing this. You are clearly utterly ignorant of Libertarianism and you don't care to learn, otherwise you would have read the Wikipedia article which would have answered your questions.

    I expect you will respond that I've failed to make my point and therefore I am not responding to your points. I assert here that I have responded to your points by providing a pointer to a detailed 3rd party article and I now find myself in the position of "trying to teach a pig to sing".

    You might also benefit from reading the articles about Cecil Rhodes, Rhodesia, and Zimbabwe. More on Cecil Rhodes is here, here, here, here, and here. Unfortunately, none of those sites support your assertion that the British government couldn't stop him (or that it even wanted to) but then life's not always the way we want it to be.

  126. AS IF! ... by quarkscat · · Score: 1

    However, the Bush administration (in
    conjunction with his GOP majority in
    Congress) doesn't have any problem what-
    soever spending money like a drunk sailor
    (on shore leave). Unfortunately, the
    really big money is being funneled to the
    GOP's corporate sponsers, instead of where
    it does the most good.

    Stem cell research (particularly embryonic)
    offers the greatest potential for actually
    curing diseases. This is in direct competition
    with the big pharacutical companies that would
    rather find a "customer for life" for their
    medications that treat the symptoms. Hence,
    the Bush prediliction toward opposing stem
    cell research. (They have been bought and
    paid for, and they will try their damnest to
    stay bought.)

  127. Re:I dunno by Money+for+Nothin' · · Score: 1

    What you have under George Bush is pretty close to government under Libertarian principals

    NO IT IS NOT! Dear lord you are an idiot.

    What Bush practices is crony capitalism -- he uses the government's power and mondy to the benefit of business interests. Libertarians are *fundamentally* opposed to the use of government for *any* business purposes, because in the eyes of libertarians, government is bad.

    If anything, Bush has done a magnificent job of *proving* why government is bad.

    Get it right. I'm known here to be distinctly-libertarian, and Bush has done nothing but flip the bird to libertarians everywhere, by increasing the size of the government in fiscal terms while simultaneously depriving citizens of Constitutionally-guaranteed rights. Bush is a fucking disaster (and he *causes* disasters too) and a menace to society.

    You would have to put a gun to my head before I would vote for Bush, and that is *not* an exaggeration.

  128. What ever happened to the 1st amendment? by Anonymous Coward · · Score: 0

    You should be able to pay whomever you want to broadcast whatever they want.

  129. Re:Payola is Rampant...not just in radio by n0tWorthy · · Score: 1

    Does anyone know or has anyone seen a study that states what percentage of America's medical costs go out as profit to Insurance Companies, HMOs, Drug Companies, Pharmacies and every other leech on the medical system? Once you stack the required (by Wall Street or your stock goes down the toilet)10% growth in revenues that each of these companies must post per anum it isn't too hard to see why we have the most expensive medicine in the world.

    --
    "Be kind, for everyone you meet is facing a great battle." - Philo of Alexandria -
  130. Record Labels vs. Bands by sirshannon · · Score: 1

    my 2 favorite essays on the subject of Labels vs. Bands (a situation that is over half a century old but that only now has a chance of being changed, thanks to the internet) are Courtney Love's speech to the Digital Hollywood online entertainment conference and Steve Albini's "the problem with music". Very few people outside the music industry know (or care) about this and most artists don't find out until it is too late.

    1. Re:Record Labels vs. Bands by fucksl4shd0t · · Score: 1

      I love that one by Courtney Love. I didn't realize it was a speech, but I link to Salon's archive of it all the time. Her speech shows exactly how copyright law has failed.

      I'm actually moving into the music business. Starting my first sortie right now, doing internet promotion for a band here in Austin that's got a fair amount of fans all over the south. I'm looking forward to finally getting involved rather than whining from the sidelines. :)

      --
      Like what I said? You might like my music
    2. Re:Record Labels vs. Bands by sirshannon · · Score: 1

      What were you doing whining from the sidelines? You should have been drinking in front of the stage.

      If I was going to go back into the music industry, Austin would be a good place to do it. I prefer my sex, drugs, and rock 'n roll to be separate from my work, though. Otherwise, the fun starts looking like work and work is no fun.

  131. Re:I dunno by khallow · · Score: 1
    Economies of scale are the explanation of why a totally unregulated market over time turns into a few large behemoths, unless the product doesn't afford barriers to entry or economies of scale (very few products are like that). I think I made that point, you may want to refute it.

    But that is irrelevant to your claim that regulated markets are easier to break into than unregulated markets.

    You can find anecdotal evidence to bolster any argument, I could easily come back and cite countless examples of just such regulation, but it wouldn't support my case. My case is that an unregulated market is inherently a sick market because it will grow steadily more inefficient. Regulation is the fix for this problem, not the cause, even though regulation, if done poorly (most often the case), can increase market inefficiency even more than monopolization will.

    Can you provide anecdotal evidence?

    How about this exercise: take a look at markets in zones of lawlessness, like warzones, and see how efficiently they function, how "healthy" they are.

    Good example. Markets in such areas tend to be very efficient given the constraints of almost no infrastructure to speak of. But one can do better with a regulated market and the considerable infrastructure that can be supported in a regulated environment.

  132. Re:I dunno by khallow · · Score: 1
    That's incorrect. You are actually regulating the _behavior_ of entities which have a large marketshare.

    If I were incorrect, then you would be correct. But you were refering to "anti-trust" regulations. Those are intended to regulate market share. Else they are worthless.

    Or maybe I have a more nuanced position than you're willing to give me credit for?

    That could be. :) When it comes to subtlety, I'm an unappreciative audience.