MP3 Download Prices to Rise?

OBeardedOne writes "The major music labels are in talks with music download services attempting to get them to increase the price of music downloads. " Sounds like there is division in the ranks of the music companies, but something to watch.

Comments

working link

[saleenS281]

working link[clickability.com]

Link to CNN article

[Tree131]

Here's a link to CNN article.

HERES THE LINK!

[keeleysam]

http://www.theregister.co.uk/2005/02/28/downloads_ price_rises/

Contracts...

[somethinghollow]

I think it was Steve Jobs who said Apple has contracts with the record labels to sell songs at .99. These contracts, if I remember correctly, were for at least 5 years. The same rumors happened last year in may. But, I guess we'll see what happens.

Bad title: does not involve MP3s

[AtariAmarok]

The files sold being referred to are mostly protected WMA, AAC, or Real files. Maybe some non-tech idiots think that all digital music files are MP3s, but these are the same idiots who think that all picture files are JPG's and GIF is a kind of peanut butter.

Price Elasticity

[irhtfp]

If they raise prices, it will drive more people back into Kazaaland. At the margin, some people will be willing to pay $.99 but not $1.09. The curve that describes this behavior is by no means linear. I would think that Apple has done a fair bit of research to determine where the optimal price point on this curve is.

It will no doubt change as competition (i.e. Walmart, et. al.) enters the market. It's one of the most common fallacies in business to raise your prices to make more money (or conversely to have a sale). It takes careful research and testing to determine the correct price point to maximize profts. You can't just decide to raise more prices to get more money.

Re:Well they have to raise prices

[khallow]

The correct terms are "oligopolistic collusion", "semantic games", and "oligopoly". "Monopoly" means the market is completely dominated by one supplier. In the music industry there are multiple competiting suppliers, but only a few have huge and cozy distribution chains. That's an oligopoly not a monopoly.

Re:Illegal?

[shark72]

" Wasn't the recording industry nailed for trying to force retailers to up the price for CD's."

Kinda. They set up a MAP (minimum advertised price) program with Tower Records and TWE in which they helped pay for advertising if Tower and TWE agreed not to advertise the price of CDs for below a certain point. The MAP program started because Tower Records and TWE complained that Wal-Mart, Best Buy, etc. were putting them out of business by selling CDs at or below cost. When Wal-Mart and Best Buy found out about the MAP program, they went to the government.

As another poster put it, "nailed" isn't the best term. The MAP program didn't affect the distributor price of the CDs, so the record labels didn't lose any profits as a result of being ordered to stop MAPping. The big winners here were Wal-Mart and Best Buy. The losers are indie and specialty record stores like Tower (who subsequently filed for bankruptcy), as Wal-Mart and Best Buy will continue to drive them out of business. Also among the list of losers is music fans who might be willing to pay a buck or two extra per CD for the opportunity to shop in a cool indie store with great selection, rather than having to deal with the Wal-Mart or Best Buy shopping experience.

"Wouldn't this be just as illegal for Mp3 downloads?"

It's a different scenario here, as in this case, the record companies are actually trying to raise wholesale prices. An equivalent to the price-fixing case would be if the record companies were now offering to help fund Apple's advertising if they agreed to only advertise tracks that sell for, say, $1.29.

Re:www.allofmp3.com

[igny]

According to the Russian news, allofmp3 has found a loophole in the Russian laws, which equated the music downloads to a (radio) broadcast as long as they pay the license fees. Allofmp3 is currently under investigation by the Russian Police because of a (local) conflict between two Russian licensing agencies, not because RIAA is after them.

Robinson-Patman Act

[Otto]

There was also some speculation as to how consumers could deal with this.

Mainly, they can sue. It's called price-discrimination, and it's illegal.

Now, proving it using the Robinson-Patman Act (1936) is not the easiest thing in the world to do. There's loads of exceptions, sort of thing. But nevertheless, public outcry and a highly public case against the first person who tried this sort of thing would likely be enough to put a stop to it.

Amazon.com tried something like this several years back, didn't they? Different customers got different prices. They dumped it, I think, because of all the attention it got when people noticed it happening.

Re:www.allofmp3.com

[cpt kangarooski]

There have been multiple cases in the US that have shown that the actual reporduction of digital copy occurs at the *server* not the client.

Aside from that such an argument is nonsense -- you say there are cases. Cite them.

I can cite mine:

The district court's grant of summary judgment on MAI's claims of copyright infringement reflects its conclusion that a "copying" for purposes of copyright law occurs when a computer program is transferred from a permanent storage device to a computer's RAM. This conclusion is consistent with its finding, in granting the preliminary injunction, that: "the loading of copyrighted computer software from a storage medium (hard disk, floppy disk, or read only memory) into the memory of a central processing unit ("CPU") causes a copy to be made. In the absence of ownership of the copyright or express permission by license, such acts constitute copyright infringement." We find that this conclusion is supported by the record and by the law.

MAI v. Peak, 991 F.2d 511 (9th Cir. 1993)

Unlike the defendants in MAI, the court reasoned, neither the operator nor the provider initiated the copying; their systems were merely used to create a copy by a third party. Id. at 1369-71. Similarly, the court found that only the subscriber should be liable for causing the display or distribution of the copyrighted work because the actions of the operator and the provider were "automatic and indiscriminate." Id. at 1371-72. Thus, Northwest argues it cannot be held liable for direct infringement because if any copying, distribution or display of plaintiff's work occurred, it was caused not by Northwest, but by Internet users.

Northwest's second argument is persuasive.

Marobie-FL v. NAFED, 983 F. Supp. 1167 (N.D. Ill. 1997)

The first question, then, is whether those who browse any of the three infringing websites are infringing plaintiff's copyright. Central to this inquiry is whether the persons browsing are merely viewing the Handbook (which is not a copyright infringement), or whether they are making a copy of the Handbook (which is a copyright infringement). See 17 U.S.C. 106.

"Copy" is defined in the Copyright Act as: "material objects . . . in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." 17 U.S.C. 101. "A work is fixed' . . . when its . . . sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration." Id.

When a person browses a website, and by so doing displays the Handbook, a copy of the Handbook is made in the computer's random access memory (RAM), to permit viewing of the material. And in making a copy, even a temporary one, the person who browsed infringes the copyright.

Intellectual Reserve v. Utah Lighthouse Ministry, 75 F. Supp. 2d 1290 (D. Utah 1999).

We agree that plaintiffs have shown that Napster users infringe at least two of the copyright holders' exclusive rights: the rights of reproduction, 106(1); and distribution, 106(3). Napster users who upload file names to the search index for others to copy violate plaintiffs' distribution rights. Napster users who download files containing copyrighted music violate plaintiffs' reproduction rights.

A&M Records v. Napster, 239 F.3d 1004 (9th Cir. 2001).

So, they make a copy and send it over the wire to me.

Which is impossible.

A copy is defined by the law, at 17 USC 101, as being a tangible object. If you've figured out how to send tangible objects via wire, then please demonstrate this absolutely stunning new technology, by, e.g. emailing me a glass of water.

Of course, that's not what's going on here. What's actually