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Music Labels Charge Too Much For Microsoft

Bret540 writes "Yahoo is reporting that Microsoft has ended license talks with four major music labels. From the article: 'The paper [the Wall Street Journal] reported negotiations broke down Friday over what Microsoft considered high royalty rates.' How much more can the music labels demand when even Microsoft won't go to market? With other recent developments, one must wonder how long the music industry can keep pushing."

366 comments

  1. Music Industry? by gtrubetskoy · · Score: 4, Insightful

    one must wonder how long the music industry can keep pushing.

    The editors must mean the greedy recording companies - the music industry itself is not inherently evil, it will outlive the current system and be there for as long humans inhabit this planet.

    1. Re:Music Industry? by Alex+P+Keaton+in+da · · Score: 2, Funny

      With other recent developments, one must wonder how long the music industry can keep pushing."
      The Riaa will keep pushing until long after no one buys outrageously priced music anymore, and their sole source of revenue is suing individuals for humming trademarked songs in their cars without paying royalties....

      --
      And All I Ask is a Tall Ship And a Star to Steer Her By
    2. Re:Music Industry? by dgatwood · · Score: 4, Informative
      UImm... third-party performances are licensed by ASCAP/BMI/SESAC, not the RIAA. The day the RIAA starts going after that market, I and other ASCAP members will be calling for the RIAA's proverbial head on a platter.

      :-D

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    3. Re:Music Industry? by mmkkbb · · Score: 1

      Ah, so you are party to ASCAP's questionable practices, then.

      --
      -mkb
    4. Re:Music Industry? by Stripe7 · · Score: 1

      Big greedy company stops talking to even bigger greedier companies over bilking customer base. So what's new?

    5. Re:Music Industry? by cosinezero · · Score: 5, Interesting

      No, I'm sorry... I'm a dj, a musician, and date a girl who worked for years at world-famous nightclub. The music industry as a whole is inherently evil. Those people break violate contracts in a week than microsoft does in a year...

    6. Re:Music Industry? by Pieroxy · · Score: 1

      But when you think about it, it is all really fine. We'll go back to ripping and p2ping and everything will settle down. At least, we won't have DRM crap.

    7. Re:Music Industry? by deesine · · Score: 1

      Guilt by association. I suppose he's guilty, just as much as you are guilty of being human, hence party to all of humankind's "questionable practices".

      ppft!

      --
      damaged by dogma
    8. Re:Music Industry? by rbanffy · · Score: 1

      I would say "as long as humans have ears"

    9. Re:Music Industry? by VitrosChemistryAnaly · · Score: 3, Funny

      What?

      --
      "It's a tarp!" -- Dyslexic Admiral Ackbar
    10. Re:Music Industry? by mmkkbb · · Score: 1

      Bad analogy. I don't pay money to the rest of humankind to look after my interests. I only do that the US, Rhode Island, and town of Cumberland governments, and even then they do what they do under protest from me.

      --
      -mkb
    11. Re:Music Industry? by deesine · · Score: 2, Insightful
      Regardless of the analogy's worth, you accussed the GP of being part of ASCAP's supposedly criminal activities. Do you know anything at all about that poster, other than he is an ASCAP member? You judged him guilty by merely being associated with an organization.

      Good job letting your gripes with an organization get in the way of being courteous & civil!

      --
      damaged by dogma
    12. Re:Music Industry? by Anonymous Coward · · Score: 0

      But if you get paid, surely you're part of the music industry.

    13. Re:Music Industry? by hotwatermusic · · Score: 0

      What "those people" are you referring to? The artists? A&R, producers, singers, sound engineers, your girlfriend? This makes no point. How is this +5 interesting?

    14. Re:Music Industry? by flazz · · Score: 1
      i think the key word is industry or industries, recording music is only one small but critical facet.

      ..., Videos, Hot Topic, John Deer hats, Sean Jean, The Real World, Vote or Die, ...

      music is no longer about art appreciation, its about a consumerism. So much more than the music is profitable. If you remove the music from the industry there is a lot more to lose than CD sales.

      lose control of the pop punk and new metal bands: no more over-priced anti-establishment apparel. kids will go back to making it themselves like they did in the 80s. they wont feel the need to have an officially licensed merchandise

      lose control of the rappers: no more suburban white kids wearing expensive FUBU clothing, sports jerseys with , and gold chains that weighs more than they do.

      you get the idea. if they lose control of the music they lose big, and others lose big too.

    15. Re:Music Industry? by vertinox · · Score: 1

      What "those people" are you referring to? The artists? A&R, producers, singers, sound engineers, your girlfriend? This makes no point. How is this +5 interesting?

      He means everyone. Even the high school kid who sets up the mike in the studio or the tour bus driver's mother.... Evil bitch!

      No but seriously, the majority of people in the music industry are out to fuck you over when the situation involves money. I've been to a few venues where they skipped out on paying the band I was touring with (no I wasn't in the band, but I sure liked to use their drink tickets).

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    16. Re:Music Industry? by Citrate · · Score: 2, Funny

      You know you charge too much on royalties when even Micro$oft thinks it's high.

    17. Re:Music Industry? by killjoe · · Score: 1

      MS has turned to content providers to find another revenue stream. This time he is dealing with people as evil if not more evil then himself. I don't see this turning out well for him.

      --
      evil is as evil does
    18. Re:Music Industry? by General+Wesc · · Score: 1

      Thank you! I'm a member of Al Qaeda, but that doesn't mean I support their supposedly criminal activies.

    19. Re:Music Industry? by MightyMartian · · Score: 3, Funny
      Hello, I'm Bob, a record company executive. I wake up at 5:30am, bright and early, and start the day by filling my kids' toothpaste tube with napalm. Then, at 6:00am, I rape my wife while listening to the latest Britney Spears digitally enhanced crapfest. At 6:02am, I start my shower. At 6:05am, I towel off and disarm my half-crazed wife. At 6:10am I'm out the door. I check my traps for any stray cats, dogs are layabouts, and cut off their heads and dine on their livers. At 6:30am I wipe the blood from my mouth and drive my Hummer to work, making sure to run over as many people as I can manage, in particular anybody with an iPod. I collect their still-warm body parts and put them in the trunk. It's an eat-in day! At 8:15pm I arrive at work, take the contracts from the useless bumbs I signed six months ago who delivered me one top-twenty before tanking at 52, burn the contracts and send a hand-written note to their mommas warning them never to come after me. At 8:45pm, I assure Steve Jobs over the phone that I and Apple can come to some arrangement. At 9:00pm I play a recording of the conversation with my CEO, and we laugh and plot how we'll destroy that freeky lunatic.

      It's going to be a lovely day.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    20. Re:Music Industry? by deanoaz · · Score: 2, Funny

      You had me going there for a moment until I spotted the giveway clue that this was a hoax.

      >>> and date a girl who...

      And you expect us to believe you do that and read Slashdot too?

      --
      If 'the people' in Amendment 2 are 'the state' then Amendments 1, 2, 4, 9, and 10 benefit the state, not you.
    21. Re:Music Industry? by dgatwood · · Score: 1
      And those questionable practices would be?

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    22. Re:Music Industry? by Anonymous Coward · · Score: 0

      Someone has surely reported you to Homeland Security for that remark...

      This comment would be funnier if it wasn't probably true. :(

    23. Re:Music Industry? by jrockway · · Score: 1

      If you don't support their activities, then why are you a member?

      Actually, I am guilty of the same thing. I am an IEEE member despite the fact that they chose to support the US's unconstitutional law against publishing papers written in "enemy nations" (syria, north korea, iran, etc.) or something like that. I don't know if this is still in effect, but back when this first happened, only one professional society, the ACS (American Chemical Society), chose to ignore this law. The IEEE 'proudly' supported the US law. What a bunch of sellout shills.

      --
      My other car is first.
    24. Re:Music Industry? by Basehart · · Score: 1

      I wonder how long it took between you clicking Submit and all your personal information arriving via FAX at your local FBI office?

    25. Re:Music Industry? by lcllam · · Score: 1

      Unfortunately, greed IS inherently evil, and will possibly outlive the music industry. Also, if the greedy recording companies are wiped out by consumer will, they will probably be replaced by something else. It's sort of like a pendulum. Right now, the labels (content managers) are in control. If the content consumer gains it, it will, in due course, become extreme and demand something for nothing. This will then kill the content producers as there's no point other than artistic expression, thereby killing consumers. Eventually, new, smaller producers will create content again to a growing consumer base, requiring content managers and the thing repeats ad infinitum. Just my 2c.

    26. Re:Music Industry? by killa62 · · Score: 0

      dude, are you retarded or something?
      you don't need ears to read

    27. Re:Music Industry? by kabz · · Score: 2, Funny

      1. Antagonize Ballmer.
      2. Screw chairs to floor.
      3. Patent process of screwing chairs to floor.
      4. ???
      5. Profit!

      Poor Steve Jobs. He must be in danger of herniating himself with laughter over this mess.

      --
      -- "It's not stalking if you're married!" My Wife.
    28. Re:Music Industry? by Anonymous Coward · · Score: 0

      I think in Stalin's day he would have had any RIAA or MPAA suspected member or associate or sympathizer shot on sight as a social parasite or a criminal economic saboteur. In Theodore Roosevelt's day, he would have had these criminal monopolists prosecuted under the Clayton or Sherman Anti-Trust Act. Notice how these criminals seek to redefine the language, any language to suit themselves. A 'pirate' is a maritime threat to ones life and health not to mention ones wealth. In this classical definition, these cartel members 'creative' uses of laws that their paid off politicos passed have actually resulted in mass death (use of copyright and DMCA to stifle local manufacture of and disemination of knowledge about certain economicaly and legally 'protected' AIDS drugs). In this the cartel itself is a classic 'pirate'. But then often real pirates like Jean LaFitte had a sense of honor and patriotism. The RIAA and MPAA have no honor or patriotism. You can bet your last cent that slashdot won't have the guts to ever let this post see the light of day. They cower before the enemy all too often.

    29. Re:Music Industry? by Flaming+Foobar · · Score: 1
      What "those people" are you referring to? The artists? A&R, producers, singers, sound engineers, your girlfriend? This makes no point. How is this +5 interesting?

      That's because everything and everyone outside the moderators' respective monkeyspheres are greedy and evil. Even moreso if they are somehow associated with some big company or association, all of which in their minds are likened to evil big green globs of goo.

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
    30. Re:Music Industry? by Flaming+Foobar · · Score: 1
      You know you charge too much on royalties when even Micro$oft thinks it's high.

      Are you suggesting Microsoft made its money by spending?

      The $6 - $8 per user, per month in TFA doesn't sound much to me, given that the labels are the ones providing all the content, and MS would only publish it. Typical retail margins are 5 - 20 %, and that's when you are running a shop, not just a bunch of big hard drives. If MS wants more than that, then they are being greedy and exploiting other peoples' work. But then they have a long history at that.

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
    31. Re:Music Industry? by mmkkbb · · Score: 1

      Overzealous hunting of mechanical license violators, nonpayment of royalties, etc.

      --
      -mkb
    32. Re:Music Industry? by wild_berry · · Score: 1

      I assume I'll be sued if I ask whether you meant to quote the Radiohead line from Lucky :

      "It's gonna be a glorious day".

    33. Re:Music Industry? by object88 · · Score: 1

      At 6:30am I ... drive my Hummer to work, ... At 8:15pm I arrive at work...

      Wow, 13 hours and 45 minutes to get to work! That's one HELL of a commute!

    34. Re:Music Industry? by d34thm0nk3y · · Score: 1

      Regardless of the analogy's worth, you accussed the GP of being part of the Mafia's supposedly criminal activities. Do you know anything at all about that poster, other than he is a Mafia member? You judged him guilty by merely being associated with an organization.

      Good job letting your gripes with an organization get in the way of being courteous & civil!

      Not that I necessarily believe that ASCAP is evil, but guilt by association is not necessarily incorrect...

    35. Re:Music Industry? by dgatwood · · Score: 1
      I don't see anything wrong with tnat, so long as we aren't talking about shaking the change from the pockets of some high school kid with a garage band.... Most of the ASCAP pressure I've heard about has been their brute squad suing (or threatening to sue) businesses who weren't paying royalties for public performance in their place of business. IMHO, that's pretty cut-and-dry.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  2. Cool... by gowen · · Score: 5, Funny

    They'll fail to agree on this issue, but decide to organise a joint conference next year entitled : "Price Gouging For Fun And Profit : How to make a de facto monopoly work for you"

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  3. Where'd that price come from? by It+doesn't+come+easy · · Score: 4, Insightful

    According to several people briefed on the matter, the labels separately were seeking royalty payments of $6 to $8 per user, per month. People close to the labels say that is in line with what existing subscription-music services pay, the Journal reported.

    Seems rather high, considering you still have to pay $1 or more for each song you download, and the song is likely to be encumbered with DRM, and the quality is usually less than a rip from a CD. One would get the feeling the music labels don't really want to sell songs via the Internet...

    --
    The NSA: The only part of the US government that actually listens.
    1. Re:Where'd that price come from? by WilliamSChips · · Score: 0, Flamebait
      One would get the feeling the music labels don't really want to sell songs via the Internet...
      Duh.
      --
      Please, for the good of Humanity, vote Obama.
    2. Re:Where'd that price come from? by Namronorman · · Score: 1

      It does seem like the recording companies don't want to really sell any of their music online, but why? What is the profit margin for a music download versus a produced CD? It really does seem like the recording companies do have their heads up their ass but who knows, maybe all of the blows they have been receiving lately will knock some sense into them.

      --
      $fortune
      Tomorrow has been canceled due to lack of interest.
    3. Re:Where'd that price come from? by Anonymous Coward · · Score: 1, Informative

      Seems rather high, considering you still have to pay $1 or more for each song you download, and the song is likely to be encumbered with DRM, and the quality is usually less than a rip from a CD. One would get the feeling the music labels don't really want to sell songs via the Internet...

      Uhhh........you don't pay for the downloads when you pay a montly subscription. The music companies wanted $6-8 per month out of the subscription fee a user would pay.

    4. Re:Where'd that price come from? by Iriel · · Score: 1

      Well considering that the RIAA just handed out a truckload of lawsuits to various college student super-nodes, I think the labels are hoping that they can bring the download model down with 'daddy' to take care of all those nasty p2p users.

      It really wouldn't shock me if that was the motive.

      --
      Perfecting Discordia
      www.stevenvansickle.com
    5. Re:Where'd that price come from? by pete6677 · · Score: 4, Insightful

      Because online sales allow the user to choose the tracks. They could only hope to get about $2 per song at the max instead of forcing people to pay $20 for 2 good songs and 15 filler songs. This would never fly with online sales and that is why the industry has been fighting so hard to end all online music distribution, legal or otherwise.

    6. Re:Where'd that price come from? by Anonymous Coward · · Score: 2, Interesting

      Now if you want something to blow your mind (well okay, not that suprising really). I was reading the iaudio forum and all the people there were the exact opposite. We love DRM, what's wrong with you?! We love DRM! My take is they don't see the potential/real risks. So at least from this view, it seems like the industry has designed the trap with enough space that average people are willing to ensnare themselves.

      http://www.iaudiophile.net/forums/showthread.php?t =4254

      And this thread is about WMP DRM support coming in a new firmware upgrade for these players so that they can work on the subscription sites like Rhapsody and Napster. Now I suppose more features and having the ability to partake if one so choses is okay. But I still can't shake the "wtf is wrong with these ppl?!" feeling... then again, mainstream music... oh well. I'm really not going to worry about this too much. I feel like I just got here on planet earth. I'm just here to observe and take notes. What strange and curious creatures these indiginous so-called human beings are...

    7. Re:Where'd that price come from? by Radres · · Score: 1

      ...or maybe it's just all the blow they are doing.

    8. Re:Where'd that price come from? by SoggyP · · Score: 1

      Avoid DRM, low quality, high prices & the RIAA... via allofmp3.com

    9. Re:Where'd that price come from? by ShawnDoc · · Score: 1

      Where are you buying your CDs that you are paying $20 per album? Circuit City and Best Buy normally have most CD's at ~$11.99 the first few weeks of release, and even old releases are generally $15.99 or less.

    10. Re:Where'd that price come from? by jdunlevy · · Score: 1
      Seems rather high, considering you still have to pay $1 or more for each song you download, and the song is likely to be encumbered with DRM, and the quality is usually less than a rip from a CD.
      and it doesn't come with cover art (expensive!) and Microsoft, not the RIAA labels would presumably bear most of the distribution costs (bandwidth, storage).
    11. Re:Where'd that price come from? by no_opinion · · Score: 1

      This is for subscription - there is no $1 per song charge. The model involves paying $12 per month for unlimited access. Yahoo, RealNetworks, AOL, and others already offer subscription services under this model. Remember that the music companies pay the artists, so asking for half of the monthly fee does not seem unreasonable.

    12. Re:Where'd that price come from? by nine-times · · Score: 5, Insightful
      Because the big labels have power (and earn their money) from controlling three aspects of music:
      1. Production
      2. Marketing
      3. Distribution

      New technology threatens the RIAA's control in all three of these areas. Home music studios are becoming more viable. The internet provides a fresh avenue of promotion. The internet is providing a cheap means of distribution.

      Now, the RIAA still has quite a foothold in each of these areas, and is looking to maintain control. Distribution is probably where they're most vulnerable. However, as long as "distribution" still means "physical media shipment", their likelihood of maintaining control is much better. It's expensive to produce all those CDs, and difficult to get them stocked at all the various music chains across the country.

      If, on the other hand, people become so accustomed to buying music online that physical media distribution becomes semi-obsolete, then the RIAA will have lost 1/3 of their strangle hold on music right there. Musicians will be able to release directly online, and record companies, even if they maintain the production/marketing areas, will find it hard to claim all the profits from sales (which they pretty much do now).

      Call me paranoid, but that's my theory as to why the RIAA seems dead-set on sabotaging online distribution.

    13. Re:Where'd that price come from? by temcat · · Score: 1

      OK, so you still pay 8 bucks too much if there are only 2 good songs there.

    14. Re:Where'd that price come from? by schon · · Score: 2, Insightful

      It does seem like the recording companies don't want to really sell any of their music online, but why?

      Because it will destroy their distribution racket.

      For a very long time, RIAA members were the only way to market your music to a global audience - this is now changing. Once most people start purchasing music online, they'll realize that they have access to a much larger catalogue than they did before, and that larger catalogue will consist of non-RIAA musicians.

    15. Re:Where'd that price come from? by WarwickRyan · · Score: 1

      Nah, you'd almost think they're prefer people to buy the track online. Then on CD. Then on DVD. Then all over again after they've digitally remastered it.

      Hmmm..

    16. Re:Where'd that price come from? by samael · · Score: 1

      That's the _subscription_ charge. On top of which you pay _nothing_ per song.

      But they all go away at the end of the month.

    17. Re:Where'd that price come from? by Anonymous Coward · · Score: 0

      According to several people briefed on the matter, the labels separately were seeking royalty payments of $6 to $8 per user, per month. People close to the labels say that is in line with what existing subscription-music services pay, the Journal reported.

      Seems rather high, considering you still have to pay $1 or more for each song you download, and the song is likely to be encumbered with DRM, and the quality is usually less than a rip from a CD. One would get the feeling the music labels don't really want to sell songs via the Internet...


      Of course they don't want to sell songs via the internet. They'd like to make it as difficult/costly to do this as possible. They realize that they are merely slowing down the trend in order to keep their stranglehold on the industry/distribution (as a whole) for a little while longer.

      Fact of the matter is that once bands/artists start using the internet as a distribution system they can be cut out of the loop. The label's existence depends upon pay for play on radio/tv (to get widespread coverage) for songs to make them popular, which in turn supports large sales (and profits) via _their_ distribution channels. This all leaves the consumer out of $ and the bands/artists beholden to their distribution system. Thus, they can say to the band/artist "It doesn't matter if the contract is fair or not, take it or leave it - we are the only ones who can widely distribute your work(s)." Once bands/artists start using the technology to their advantage, the labels can be cut partially (if not fully) out of the loop and it's obvious they'd like to put this off as long as possible.

    18. Re:Where'd that price come from? by pomo+monster · · Score: 1

      If you "avoid" the RIAA, you avoid paying the artists too, unless you're cutting them individual checks. So if I want to avoid all that stuff, why wouldn't I just fire up LimeWire?

    19. Re:Where'd that price come from? by Anonymous Coward · · Score: 1, Funny

      "Avoid DRM, low quality, high prices & the RIAA... via allofmp3.com"
      Yup, and if you live in the US, you're PAYING to break the law! GOOD for you!

    20. Re:Where'd that price come from? by cakesy · · Score: 1

      This is an interesting point... Maybe we will see the end of Albums, and just have groups release tracks, that must be good to be enjoyed. A whole paradigm shift (sorry for the marketing speak) away from the way we do things at the moment.

    21. Re:Where'd that price come from? by SoggyP · · Score: 1

      Simple, because if I fire up LimeWire I have the potential of NOT avoiding the RIAA, I might download/share some songs and come up on their radar.

  4. Yahoo! by duerra · · Score: 4, Interesting

    They say that the current subscription services are being charged in the %6-8/month range, which is what was being offered to Microsoft. If this is true, how is it that Yahoo! can afford such a low subscription rate?

    1. Re:Yahoo! by Alex+P+Keaton+in+da · · Score: 4, Informative

      Music is a loss leader for Yahoo. A loss leader is when you sell something at a loss in order to get customers into your store, hoping they will buy other things while they are there....
      Yahoo composing music download plan
      http://news.zdnet.com/2100-3513_22-5152860.html

      --
      And All I Ask is a Tall Ship And a Star to Steer Her By
    2. Re:Yahoo! by Anonymous Coward · · Score: 2, Funny

      They lose money on every sale, but make up for it in volume?

    3. Re:Yahoo! by MBraynard · · Score: 1
      I was wondering the same thing - I paied a flat $60 for a year. But I recall when the service rolled out that Y! was going to limit the time that price would be available - and I assume they budgeted a loss of X dollars - and they haven't sold enough subscriptions for that loss to have been reached yet.

      OR they did a deal where they got a much lower per-year rate and have passed that on. Maybe it's just $5 a month per year with the labels for an annual agreement and then Y! is breaking even.

      They also seem to sell their songs for much lower than anyone else - variable rates but usually $0.79 per song.

    4. Re:Yahoo! by heeeraldo · · Score: 1

      but what're they selling to make up for said loss?

    5. Re:Yahoo! by shark72 · · Score: 1

      "but what're they selling to make up for said loss?"

      Subscriptions, my dear boy. They get $BIGNUM people signed up at the low price, then raise the price, and begin making money on the subset of $BIGNUM who remain subscribed. You see, dropping your subscription to these music sites makes your music go away. If you're paying $5 a month and you've downloaded 10,000 songs, you just might be tempted to keep paying when it goes to $5 or $10 a month.

      "yet another bandwagon: http://ipodnanos.freepay.com/?r=2213429"

      Oh, never mind the long explanation, then -- you know all about scams. The joke going around is that the "r" variable passed in your URL stands for "retard."

      --
      Sitting in my day care, the art is decopainted.
    6. Re:Yahoo! by heeeraldo · · Score: 1

      "yet another bandwagon: http://ipodnanos.freepay.com/?r=2213429 [freepay.com]" Oh, never mind the long explanation, then -- you know all about scams. The joke going around is that the "r" variable passed in your URL stands for "retard." I got an iPod from them already, so I'm fairly sure they're legitimate...

  5. They don't realize... by Anonymous Coward · · Score: 5, Funny

    They'll push until Microsoft owns them

    1. Re:They don't realize... by slipnslidemaster · · Score: 0

      What's really funny is that is part of Microsoft's playbook. With over 40 BILLION+ in cash just sitting around doing nothing, if Microsoft really wanted to do something in the music business, it will just start buying companies.

      When Bill and Steve really start to get pissed about Apple's ipod business, you'll see some acquisitions or at least some heavy investments.

      --


      "What the hell is an aluminum falcon?"
    2. Re:They don't realize... by Ahnteis · · Score: 1

      Not from Steve. There's that pesky Beatles agreement that they're barely skirting even now. No buying music companies for them.

    3. Re:They don't realize... by program21 · · Score: 1

      I think he meant the other Steve (Ballmer).

      --
      This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
    4. Re:They don't realize... by vandon · · Score: 1

      5 years from now the only studios left will be Jobz Recording and Big Ball Records
      And I'm sure they'll remember what the RIAA is trying to do today.

    5. Re:They don't realize... by G-funk · · Score: 1

      If by barely skirting you mean breaking, and writing mr Jackson a huge check every month, then yes!

      --
      Send lawyers, guns, and money!
  6. royalty payments by overbom · · Score: 1

    Royalty payments of $6-$8 per month? I wonder if they're all colluding on pricing again.

  7. Don't the music companie realize! by Karma_fucker_sucker · · Score: 1

    Resistance is futile. They will be assimilated. :)

    --
    Evil people don't think they're evil. - George Lucas, Making of Ep III
    1. Re:Don't the music companie realize! by Anonymous Coward · · Score: 0

      The Scorpion strikes again!

    2. Re:Don't the music companie realize! by Anonymous Coward · · Score: 0

      Learn some proper English you dumb tit!

  8. Gotta love the music industry by njcoder · · Score: 0, Offtopic
    Microsoft implements content contrl (aka anti-piracy) measures in their software and formats so that the music industry won't have to worry about the billions of dollars they claim to be losing. Now they go and say that Microsoft is charging them too much?

    You give people an inch they try and take a mile.

    People like that shouldn't complain that others just want to give them a few more inches from behind.

    1. Re:Gotta love the music industry by yabos · · Score: 3, Informative

      WTF are you talking about? That's not what this is about at all.

    2. Re:Gotta love the music industry by PaxTech · · Score: 1

      Sounds like Microsoft learned the most important lesson in the music business: Never trust anyone in the music business.

      --
      All movements for social change begin as missions, evolve into businesses, and end up as rackets.
    3. Re:Gotta love the music industry by shotfeel · · Score: 1

      Sounds like the the big labels aren't interested in a lot of free money, they want more!

      And isn't it really free money for them? Like the Apple store, I assume MS would handle the encoding of the music, the running of the store and all costs including advertising. All the record companies have to do is sign the paper and tell MS which bank account to put the money in.

      Although I think it would be amusing to see Gates follow Jobs' lead. Wouldn't it be fun to see the richest man in the world call someone else greedy?

    4. Re:Gotta love the music industry by robertjw · · Score: 1

      And isn't it really free money for them?

      Well, yes and no. Most people are not going to both download songs and purchase a CD, so online music sales should be hurting CD sales. Continued online music sales could actually hurt the RIAA's bottom line.

    5. Re:Gotta love the music industry by porcupine8 · · Score: 4, Funny
      just want to give them a few more inches from behind.

      Must... not... make... joke...

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    6. Re:Gotta love the music industry by shotfeel · · Score: 1

      I guess I'm thinking of it a little different, not as purchased online and on CD, but as a subscription (much like cable TV) and purchasing CDs (DVDs of movies you like). The subscription covers all the stuff you want to try out or might want to listen to a couple times, the CD (or maybe online purchase) is what you get when you decide you like it and want your own.

      So in my "model" subscription services don't hurt CD sales, they may actually increase them (similar to radio). And they make money on the subscription to boot (free money -radio stations paying you to play your music).

    7. Re:Gotta love the music industry by njcoder · · Score: 1

      MS helps RIAA protect their music in an effort to make more profit. When MS and the music industry try to colaborate the RIAA is still trying to get as much as it can rather than trying to be reasonable and understanding the whole picture.

    8. Re:Gotta love the music industry by Anonymous Coward · · Score: 0

      Must...not...add

      one must wonder how long the music industry can keep pushing

    9. Re:Gotta love the music industry by Anonymous Coward · · Score: 0

      Bzz. Wrong. MS is NOT protecting the RIAA's music, because the RIAA is trying to make them charge more than MS wants to charge to resell it

  9. High royalty rates? by Fulcrum+of+Evil · · Score: 2, Interesting

    'The paper [the Wall Street Journal] reported negotiations broke down Friday over what Microsoft considered high royalty rates.'

    Is anybody really surprised? Well, maybe a little - MS has shown its willingness to lose billions to get into a market.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    1. Re:High royalty rates? by NewWorldDan · · Score: 1

      The difference is that Microsoft doesn't have a strong tie in here. They don't market a portable music player. Compare this to the X-Box where the long term goal is to monopolize the market and get the kind of returns that Sony has seen from the Playstation line. That's not a practical goal in downloadable music. All Microsoft really has going for them is that they can integreate sales into MSN and Media Player (except where penalties from AntiTrust cases apply).

      On the other hand, I'm surprised that the lables aren't operating their own download stores where they can charge as much or little as they want and change prices in real-time. Then again, I'd expect the same thing from musicians, except that most are under contract, and those that aren't need the labels for exposure and distribution. Radio play still sells more albums than anything else. And there are plenty of sites out there pushing little independant artists, but frankly, most of them suck.

    2. Re:High royalty rates? by kabz · · Score: 1

      They could license the Dell Ditty.

      Bwahahahahah.

      --
      -- "It's not stalking if you're married!" My Wife.
  10. Wrong question by Mr.+Underbridge · · Score: 4, Interesting
    " How much more can the music labels demand when even Microsoft won't go to market?"

    That's not it. More like, "how much more of the cut is MS demanding (compared to others in the market) that the RIAA won't do it?"

    And,

    "How long is MS willing to let Apple own music before they realize that the music itself is a loss-leader?"

    1. Re:Wrong question by twiddlingbits · · Score: 1

      MS and the RIAA is like two spoiled kids fighting over something. Each wants it but wants it even more so that the other CAN'T get it. What's a billion or two between two slowly dying virtual monopolies.

    2. Re:Wrong question by lilmouse · · Score: 1

      Howz music the loss leader - you say they're making big bucks on the iPods?

      That's kind of a dumb model - you want it the other way around. You want the thing they buy once to be a loss leader, but the thing they keep paying for to make you money...

      --LWM

    3. Re:Wrong question by Mr.+Underbridge · · Score: 2, Interesting
      Howz music the loss leader - you say they're making big bucks on the iPods?

      For Apple, yes and yes. They make tons of cash from the iPod, and only recently did the iTMS become even moderately lucrative. They intended it to hopefully break even.

      That's kind of a dumb model - you want it the other way around. You want the thing they buy once to be a loss leader, but the thing they keep paying for to make you money...

      That's the usual way, but here not so much. The main reason (I think) is that iPods aren't a one-time purchase, actually. They keep getting bigger and better, and are upgraded fairly often by their owners. I think they run iTunes so people definitely have access to legal music to put on said iPod, and so they have complete control over what goes on the iPod.

      But ultimately, yes, the money is made on the iPods.

    4. Re:Wrong question by HotNeedleOfInquiry · · Score: 3, Funny

      Two garbage trucks colliding in the middle of the night.

      --
      "Eve of Destruction", it's not just for old hippies anymore...
    5. Re:Wrong question by EnderWiggnz · · Score: 1

      they're making tons of money on the ipod, and making a lot of money on itunes, too...

      --
      ... hi bingo ...
    6. Re:Wrong question by twiddlingbits · · Score: 1

      If no one is around does the collision make a Sound? And if it does will the RIAA record it, and DRM it? :)

    7. Re:Wrong question by shotfeel · · Score: 1

      OTOH, that hasn't worked so well for MS and the X-Box.

    8. Re:Wrong question by shmlco · · Score: 2, Insightful
      Apple probably makes $150 on a $399 pod easy. Apple makes about $0.20 per song off itunes. So if you do the math, people need to buy 750 songs to equal the profit off a single pod.

      And pods break, wear out, get lost or stolen, and like phones, get replaced every few years by newer models with cooler features. In a way it's a symbiosis. Pods make people want songs, who need pods to play them, who buy more songs...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    9. Re:Wrong question by soft_guy · · Score: 0, Offtopic

      That's kind of a dumb model - you want it the other way around. You want the thing they buy once to be a loss leader, but the thing they keep paying for to make you money...

      Think Different.

      --
      Avoid Missing Ball for High Score
    10. Re:Wrong question by DrEldarion · · Score: 0, Offtopic

      It costs a truckload of money to break into the gaming industry the way MS did. Many were saying that they could never compete, but they got a HUGE amount of mindshare in quite a short period of time (even beating out a company that had been doing this for 15 years), and it was a pretty brilliant move businesswise.

      They're not profitable YET, but they will be. There's more money going into the videogame market every day, and MS has (at least this generation) shown that they can grab a significant chunk of that. Give it a while, and I fully expect MS to be profitable not only on the games, but on Live and the hardware itself as well.

    11. Re:Wrong question by Queer+Boy · · Score: 1

      Music isn't really a loss leader for Apple, it's just not a money-maker. They make a few cents off of each track.

      --
      Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
    12. Re:Wrong question by superpulpsicle · · Score: 1

      Apple's $299 iPod will bring in $120 at a 40% profit margin.

    13. Re:Wrong question by gordo3000 · · Score: 0, Offtopic

      right now, only nintendo doesn't sell its consoles for a loss. Its why even though they aren't the biggest, they are the most profitable.

    14. Re:Wrong question by shotfeel · · Score: 1

      You may be right. We'll have to wait and see if they get to the point where they can start selling the consoles above cost. As I understand it (from 3rd hand information ground through the popular press) MS's plan was to continue selling consoles at a loss, at least for the near term.

    15. Re:Wrong question by Stupendoussteve · · Score: 0

      But how will they distribute it?

    16. Re:Wrong question by Anonymous Coward · · Score: 0

      Actually, the iPods are getting *smaller* and better!

    17. Re:Wrong question by Skye16 · · Score: 1

      With DRM? One arbitrarily expensive purchase at a time.

    18. Re:Wrong question by fridgepimp · · Score: 1

      You want the thing they buy once to be a loss leader, but the thing they keep paying for to make you money...

      That's exactly what they're doing. Digital Music files don't wear out, they last virtually forever. iPods, however, do wear out. iPods are only $200/year. That's FAR less money anually than most serious music fans spend on music in a year. If you buy your 2 or 3 CDs per month on iTunes instead of in the store for $11.99 instead of $16.99 and you hang on to the $10-15/month that you save, you can buy a new iPod every 12-18 months and it's basically a wash. The music you'll never need to replace.

      That's the other reason record labels hate it. Many music fans have fully replaced their music catalogs in the ever-changing format of choice: from vinyl -> cassette -> compact disc, with no discount for having owned the prior media. Buy it digitally, and you don't ever have to buy it again. You can simply transfer it to whatever physical medium is relevant. Why do you think record companies and movie companies are trying to find a way to popularize time-sensitive media? You know, the DVDs that die after a few days?

    19. Re:Wrong question by C0rinthian · · Score: 1

      Right, but the GP is talking about mindshare/marketshare, not profitability. Nintendo is the most financially successful by a strong margin, but Xbox gained a LOT of marketshare in a very short time, and is about even with Nintendo in that respect.

    20. Re:Wrong question by sysadmn · · Score: 1

      It's a loss leader only if you have something to lead them to. Yahoo pulls people to its' portal; Apple sells hardware; what's in it for MS?

      --
      Envy my 5 digit Slashdot User ID!
    21. Re:Wrong question by Sketch · · Score: 1
      "But how will they distribute it?"

      On a self destructing DVD, of course!

      --
      -- OpenVerse Visual Chat: http://openverse.com
  11. Wow, MS does the right thing? by glomph · · Score: 3, Interesting

    Hard to believe, but they have agreed with His Steveness, and told the cartel to stuff it. Takes one monopolist to know another, or an oligopoly, at least.

  12. It'll Never Happen by fragmentate · · Score: 5, Interesting

    ...one must wonder how long the music industry can keep pushing.

    Indefinitely?

    The majority of people are ignorant to these demands. The only informed people are the ones that follow the blogs, and news sites (like /.); last I knew, I don't think /. had readership on the scale necessary to effect change.

    The answer is a simple one to state, but a difficult one to implement. While media is completely different from every product in that it is possible to reproduce (copy) it, I also believe it's longevity implies copies should be permitted. Let's look at CD's, even if you take care of them they wear out. You didn't buy the CD for the plastic disk, you bought it for the music on the plastic disk. Compare that to say, a TV, when it dies, it dies, you have to buy a new one, period. You can't copy it. On the other hand, you didn't purchase what you're going to watch on the TV. And you can't blame the TV's or their manufacturers for crappy TV stations. The TV manufacturers have to make the TV last longer or the reputation is at stake. They can store music on a low quality media, and get away with making you buy it repeatedly... so the media and the music can both suck, and you're screwed.

    The point is everything the music industry is involved in revolves around greed, plain and simple. You don't believe there was some greedy bastard at each of the record labels wringing his hands in glee when he realized the recurring income from worn out CD's?

    Stop buying it. Or stop bitching about it.

    That's what we have to do, present company included...

    1. Re:It'll Never Happen by Dachannien · · Score: 1

      The more apt analogy would be the one readily available: CDs versus CD players.

    2. Re:It'll Never Happen by fragmentate · · Score: 1

      Agreed.

      The point is the same, the record labels aren't held accountable for some of the total garbage they put out in the interest of simply satisfying a contract. They don't care if 90% of an album sucks, so long as it has a recognizable name on the label, and the minimum requirement (usually a single) is met... So, you get what, ONE or TWO quality songs?

      They have a lot of nerve expecting more and more, and we just let it continue. The music-loving public doesn't really care one way or the other because most people (I know of 3 people within 3 feet of me) believe the majority of the $14 they spent on their last CD purchase went to the artist(s). Not only that, they can't fathom the profit margins. It's technology, it's gotta be expensive to produce CD's! They're SO advanced!

      So easy to brainwash...

    3. Re:It'll Never Happen by Doctor+Memory · · Score: 1

      the record labels aren't held accountable for some of the total garbage they put out in the interest of simply satisfying a contract.

      Um, I think the finger has to point to the bands in this case. All the label can do is issue what the band puts out. If it's crap, then there's not much a label can do to fix it.

      Not that I'm defending the labels -- I personally don't buy any A/V media.

      --
      Just junk food for thought...
    4. Re:It'll Never Happen by Anonymous Coward · · Score: 0

      News flash: All audio and video media will wear out eventually. Remember vinyl records? They got scratched and unplayable too. Magnetic tape? Machines would eat them. There has never been a delivery mechanism for movies or music that is truly archival.

      If you think that the record companies are obligated to provide you with "the content you've paid for" in perpetuity when you buy the latest Britney Spears album, you've got another thing coming. They've always charged people for product that gets damaged or worn through use.

    5. Re:It'll Never Happen by vertinox · · Score: 1

      Indefinitely?

      Thate or that everyone that didn't grow up with online music downloads dies of old age.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    6. Re:It'll Never Happen by Nuttles1 · · Score: 1

      last I knew, I don't think /. had readership on the scale necessary to effect change.

      What do you mean /. doesn't have the readership on the scale necessary for change. The number of people reading slashdot is HUGE. If you look at ID# alone, /. ID#s are at least 8 digits, meaning that people who have signed are in the millions!!! Also, another less accurate measurement of the number of readers of /. is the slashdot effect. Ever heard of that?

      The problem is, is that /.ers don't organize to make their voice heard. We would be a mighty force if we were like old people and their collective voting to do such things as protect their social security.

    7. Re:It'll Never Happen by C0rinthian · · Score: 1

      How many of the artists that are dropping records are writing their own stuff, instead of recording crap written by the labels stock writers?

      Plus, if artists are expected to actually produce a full album of good music, the good artists will step up and the bad ones will die out. Thats cool with me.

  13. Never thought I'd ever say this, but... by Dachannien · · Score: 4, Insightful

    ...three cheers for Microsoft!

    This represents a stunning defeat for the music industry, and combined with Apple's iTMS success, could indicate the beginnings not only of a change in how music is priced, but also of a change in how music is produced, promoted, and distributed - i.e., without the RIAA and its members.

    1. Re:Never thought I'd ever say this, but... by Anonymous Coward · · Score: 1

      "An enemy (Apple & Microsoft) of my enemy (RIAA & MPAA) is my friend."

      But also the quote,

      "Keep your friends closer, but your enemies even closer."

      Sums it up!

    2. Re:Never thought I'd ever say this, but... by nine-times · · Score: 5, Interesting
      How about the equally unlikely, "three cheers for the RIAA!" for keeping Microsoft out of the music business? With all the knack Microsoft has for leveraging their monopolies, I don't want anyone in control of the content delivery, the content format, AND the device the content plays on, all by making deals with a monopoly that controls the content production.

      It's a bit disconcerting when it's Apple. It'd be downright frightening if it's Microsoft.

    3. Re:Never thought I'd ever say this, but... by spxero · · Score: 1, Interesting

      Yes, let's cheer for Apple, because they give us DRM'd AAC music for iPod's only...

      What makes Apple any better than MS? They do the same practices, arguably worse than Microsoft would do. Granted they have success with the iPod, but if it were not for the scroll wheel (or if the scroll wheel wasn't just an iPod thing) then it wouldn't be any better than most of the other players on the market.

      Microsoft getting into the buisiness will open up more stores for more players, possibly giving more options. I agree that WMA sucks, but if MS floods the marketplace there could be more competition for my $.99

    4. Re:Never thought I'd ever say this, but... by The+Lynxpro · · Score: 1

      "...three cheers for Microsoft!"

      I'd go even further. I wish Apple, Google, Yahoo, and Microsoft sat down and decided to buy all four of the remaining music companies, withdrew them from the RIAA (thereby destroying the hated organization), and signed an agreement not to keep their newly acquired music exclusive to each of their services.

      Think about it. None of the majors left, Warner Music, SonyBMG, EMI, or Universal are worth $1 billion. Digital piracy won't end until prices are reduced to realistic levels....say 25 cents US at most for most of the catalog songs. Charge higher prices for higher bit rates, and of course, lossless.

      If that were done, digital music would skyrocket, and there wouldn't be a *need* for illicit P2P. The music industry would also be rid of worthless (and clueless) *executives* like Edgar Bronfman who brings no value to the company he owns, but subtracks quite a bit from it.

      Personally, if Apple were really smart, they'd be trying to acquire EMI right now. If they bought the company, they could squeeze Apple Records into a realistic settlement over the whole "Apple" name that is never ending, and could finally get the Beatles catalog online officially.

      --
      "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
    5. Re:Never thought I'd ever say this, but... by JulesLt · · Score: 1

      Personally I'd actually like to see some government intervention against both WMA and FairPlay - if we're going to have to accept DRM and not be allowed to reverse engineer it, then companies should not be allowed to monopolise it to lock-in their technology. Let it be patentable and let them get license revenue, but they should not be able to say 'We don't want to allow playback on system Y'. OK, maybe a clause to allow a 2-3 year head start to make innovation worthwhile - but much as I like my Apple products, I don't want FairPlay to become the Windows of audio. I certainly don't want to buy all my music from iTMS (and I don't, as many artists I like sell DRM free MP3s. And vinyl).

      However, I really don't think Apple or Google want to become record companies - nor do most artists.

      Apple are interested in music distribution and retail, operating a very low risk model (there's a nominal cost to keeping songs on servers but it's peanuts compared to even Amazon's costs, let alone a physical CD store).
      They also benefit as a third party in the recording and package design stages, given Apple's higher market share in those fields, but it's not an end-to-end solution - there's no 'publish tune on iTMS button in Garageband'.

      The stuff in-between is the risky bit - advancing money to artists to record (which will still happen), and spending money on publicity in the hope of raising sales. It's classic business stuff, which is why everyone hates the suits.

      There's actually a very amusing sleevenote on a Weird War or Make-Up LP which makes a pseudo-Marxist analysis of the recording industry and the decline of the band from the big band to beat combo to Moby. Tongue very much in cheek, but also having a point - that musicians have managed to cut the physical cost of making music, to the extent that large bands are not economically viable. In the same timeframe, the cost of breaking an artist has actually increased.

      One reason is that publicity has become so expensive - as control of distribution and recording has been lost, the majors have focused on controlling broadcasting and advertising, with budgets the independents can't/won't match. Yes, the Internet offers ways for artists to bypass that, and yes, it's having a positive affect on exposure for minor artists BUT it's not a broadcast medium . . . and we shouldn't underestimate that a lot of people don't want to go looking for music - which is why the big 4 have been so successful.

      --
      'Capitalists of the world, unite! Oh ... you have' (League Against Tedium)
    6. Re:Never thought I'd ever say this, but... by mrchaotica · · Score: 1
      What makes Apple any better than MS?
      The fact that they don't also have a monopoly on operating systems, for one thing. Yes, Apple having a monopoly is bad, but when the alternative is Microsoft having a monopoly in several areas, I'll gladly take the lesser of the two evils!

      Moreover, Apple's refusal to allow FairPlay on non-iPod devices (and refusal to let iPods play WMA) is a nice, visible example of how DRM has problems with interoperability. Hopefully it'll clue some of the masses in, when they wonder why the music they got from their "napster" subscription won't work on their iPod, or why their FairPlay music won't work on their Rio.

      Furthermore, if Microsoft floods the marketplace with WMA stores (that collectively have a large enough marketshare to make WMA the de-facto standard), do you really think the songs will remain 99 cents?! In case you haven't noticed, the only reason Apple was able to stand up to the labels is that they've got 70-something percent of the market. The labels can't reject iTMS because they have nowhere else to go. On the other hand, if there were a bunch of WMA stores with 10% marketshare instead, the RIAA could easily say "raise your prices or we'll cut you off" to every store, and songs would quickly become $2 each, with $1.99 going to the labels.
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:Never thought I'd ever say this, but... by QuaZar666 · · Score: 1

      If Apple Computers decided to become a record label they would probably have another lawsuit with Apple Records over that fact. I personally think the Original lawsuit should never have taken place, especially since they are using a very common word (Apple in this case) for the name of the company. Its not like they named the company IBM or AT&T.

    8. Re:Never thought I'd ever say this, but... by JulesLt · · Score: 1

      There's that too - and it may be back on the cards (as Apple may or may not be infringing the original settlement). It's probably a large driver in promoting iTunes as a separate brand - the court case will probably rest on whether people consider they buy their music from Apple or iTunes.

      The more I think about the original case though, the more I can see why it had to go the way it did.

      We generally applaud when a plucky small company manages to hold their .com address against some multi-national giant - at least when they really are a small company - apple.co.uk for instance. So I don't really like the bigger/most well-known firm wins argument. If I ran a small label I would like to know my business was protected from Warners stealing my identity.

      Equally, saying that you can't defend a common word for a company name would open a whole can of worms - Dell could rename themselves Apple or sell 'Apples' under that ruling. Though there was a time when it seemed compulsory to name micro-computers after fruit.

      A thought I had is that firms should lose the right to names if they're not active in their market - stopping the equivalent of brand cyber-squatting and patent trolling (trademark trolling?). Because that's really what I feel Apple Corps are doing - it's not as if they've released a new record since the 70s, nor really exist as a record business in the real sense - the claim for damages increasingly becomes about potential loss of income for things they've made no effort to do.

      But then I disagreed with myself because I have no problem with keeping legacy labels like Vertigo and Harvest alive purely through re-issues, which is exactly the same situation. Would I approve of a company setting itself up as Vertigo downloads and using a similar (but not identical) logo? No.

      So all in all, while I think Apple Corps are being petty, generally in the wrong, and just trolling for damages they don't deserve, I find it hard to think of any other way this could have been settled in court that wouldn't set a detrimental precedent.

      --
      'Capitalists of the world, unite! Oh ... you have' (League Against Tedium)
  14. I root for the little guy by LunaticTippy · · Score: 5, Interesting
    It's strange to see microsoft in a relatively powerless position.

    I'm not sure how to feel about this situation.

    --
    Man, you really need that seminar!
    1. Re:I root for the little guy by RatBastard · · Score: 1

      MS is NOT in a powerless situation. They simply don't want to pay that much money and are taking their ball and going home. We ar seeing a fight between two of the four greediest entities on Earth (the other two being Big Oil and the Pharmacutical (sp?) industies). Nothing more. They will return to the bargaining table soon enough.

      --
      Boobies never hurt anyone. - Sherry Glaser.
    2. Re:I root for the little guy by thegenerousjew · · Score: 1

      I'm not sure how to feel about this situation. How about unsure?

      --
      Time is an illusion, lunch doubly so.
  15. When.. by aero2600-5 · · Score: 3, Interesting

    This is just my two cents, but I belive the music industry executives to be complete and total morons. When will they realize that people will not continue to buy your product when you're overcharging? This is basic economics. If a dairy wanted to charge $20 for a gallon of milk, do you think anyone would buy it? No. There are better ways to support the artist than buying their music. Steal the music, go to their concerts, but their t-shirts.

    And here's a hint to the music industry: Collective Licensing. You will continue to be forced to lower your royalties until you reach this.
    Voluntary Collective Licensing

    Your time as the bully is over.

    Aero

    --
    Please stop hurting America -- Jon Stewart
    1. Re:When.. by Red+Flayer · · Score: 1

      "There are better ways to support the artist than buying their music. Steal the music, go to their concerts, [buy] their t-shirts." (emphasis mine)

      I'm confused... how is stealing an artist's works supporting that artist?

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:When.. by LuciferBlack · · Score: 2, Funny

      From eff.org : "The current battles surrounding peer-to-peer file sharing are a losing proposition for everyone. The record labels continue to face lackluster sales, while the tens of millions of American file sharers--American music fans--are made to feel like criminals." Lackluster sales? Yeah I don't think so. "American music fans" ... Whoever wrote that needs to quit trying to blow everyone at the same time.

      --
      I'm working on a good joke about your mom being /.'d, but it's not finished yet.
    3. Re:When.. by Karma_fucker_sucker · · Score: 4, Interesting
      Steal the music,...

      Oh, please no. That'll just give them (RIAA, record companies) ammo for the legislatures that there needs to be more DRM, they need more laws to allow them invade our machines, more laws allowing for all of those stupid lawsuits that they're filing, it gives an excuse as to why their sales are declining - regardless if it's true or not, and more that is not coming to me, now.

      Lastly, it's just wrong. I wouldn't like it if you did that to me regardless of how noble your intentions are.

      --
      Evil people don't think they're evil. - George Lucas, Making of Ep III
    4. Re:When.. by Anonymous Coward · · Score: 0
      If a dairy wanted to charge $20 for a gallon of milk, do you think anyone would buy it? No.

      People would switch to goat milk in a minute!

    5. Re:When.. by zrobotics · · Score: 1

      Steal their music?

      Do you realize that most of the money a band makes comes from royalties, not merch sales? How many CD's a band sells is the major determinant of its popularity, as it is a quantifiable measure of how many people are listening to the music. Buying CDs is, by far, the best way to support an artist. It is the same difference as voting for a politician, as opposed to donating money to the politician's campaign. The latter will give the politician more money, but voting for him is the only way to elect him.

    6. Re:When.. by dwandy · · Score: 3, Interesting

      Sadly they're not total morons ... perhaps idiot savants.
      Music (art in general) is a human thing that exists without the riaa, without a compensation model, and has existed for all of the history of mankind, and will exist to the end of the human race.
      There is no other monopoly ('cept maybe food...maybe!) other than music that is guaranteed by humanity.
      The telephone company (the original modern monopoly?) is not even guaranteed an income - but those that can monetize music are guaranteed an income. If you haven't read Eben Moglen's thoughts on all this look him up... For me he answered the big compensation question.
      Sadly it's not the riaa that's stupid - it's us for buying their particular music.
      I agree with many others on /. - the answer is to STOP SUPPORTING THE RIAA and purchase/support independent artists.
      It won't happen over nite, but when they no longer control the market, the big artists will no longer be signed with them...

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    7. Re:When.. by HermanAB · · Score: 1

      "complete and total morons"

      Brought to you by the hyper intelligent makers of Hip-hop and Rap music...

      They need government protection to make money, since they are too dumb to figure out how to make money any other way.

      --
      Oh well, what the hell...
    8. Re:When.. by aero2600-5 · · Score: 1

      "I'm confused... how is stealing an artist's works supporting that artist?"

      I agree that it doesn't make sense at first, and I've made this argument so many times that I tend to think that everyone already understates the numbers behind it.

      Let's try this hypothetical situation. Suppose you have $40 a month that you can spend on music. I spend about this much. Now, with your $40, you can buy two new CDs at $20 a piece. Of this amount, being generous, let's say the artist recieves $1 per CD. Now, suppose that instead of buying these CDs, you download them for free, but you still have $40 and want to support the artist. So you take your $40 and go to a concert, let's say the ticket costs $20. Of that $20, not being generous, the artist receives about $5. With the other $20, you buy a t-shirt. After paying for the production of the shirts and paying the guys to collect the money, the artist receives about $15 of that $20. That's $20 of your $40 going to the artist rather than the $2. Would you rather your favorite artist get $2 of your $40 or $20 of your $40?

      Now, I know that artists are not paid per CD. If they sell 6 million CDs, they do not receive $1 every time a CD is sold. Their contracts are guesses. The label says 'Okay, we think we can sell this many copies of your next CD. We'll give you $6 million for the rights to this CD.' Now, if that CD sells 12 million copies, the label makes twice what it expected and the artist doesn't receive a single extra dollar. So an artist's contract is determined by how many CDs they can sell. Well, there are other ways to measure how popular an artist is. Airplay requests, ticket sales, download numbers, t-shirt sales.

      Read the EFF article on Voluntary Collective Licensing again.

      Aero

      --
      Please stop hurting America -- Jon Stewart
    9. Re:When.. by aero2600-5 · · Score: 1, Flamebait

      "Steal their music?

      Do you realize that most of the money a band makes comes from royalties, not merch sales? How many CD's a band sells is the major determinant of its popularity, as it is a quantifiable measure of how many people are listening to the music. Buying CDs is, by far, the best way to support an artist. It is the same difference as voting for a politician, as opposed to donating money to the politician's campaign. The latter will give the politician more money, but voting for him is the only way to elect him.
      "

      I've answered most of your post with this one.

      But let's take a look at your politican analogy.

      "It is the same difference as voting for a politician, as opposed to donating money to the politician's campaign. The latter will give the politician more money, but voting for him is the only way to elect him."

      I'm not sure which country you live in, but here in the United States, we have the lowest voter turnout on the planet with the exception of Botswana. It's not who they vote for that's important, it's getting them to the polls. Guess who gets them to the polls? Political Action Commitees which are funded buy donations. And in case you're still unclear about this, America is not a fucking democracy. To make this sound even harsher, politicians are elected by money. It is that simple.

      Aero

      --
      Please stop hurting America -- Jon Stewart
    10. Re:When.. by Anonymous Coward · · Score: 0

      Oh no. Milk would have to be a HELL OF A LOT MORE than $20 per gallon before I switched to goatse milk, that's for sure!

    11. Re:When.. by kraut · · Score: 2, Interesting

      ?This is just my two cents, but I belive the music industry executives to be complete and total morons.
      Quite possibly they are, on the other hand I've not actually heard of any major record label going bankrupt, so maybe they're not that stupid after all.

      > When will they realize that people will not continue to buy your product when you're overcharging?
      Perhaps when enough people stop buying CDs because they find them too expensive. It hasn't happened yet.

      > This is basic economics. If a dairy wanted to charge $20 for a gallon of milk, do you think anyone would buy it? No.
      Yes, actually. People pay considerably more per gallon for other drinks. But milk would possibly be considered a luxury rather than a staple. Of course, there is competition in the milk market, which there isn't in the same way in the music industry. If you want to buy the new FooBar CD, and one label is offering it for $20, there's no competitor offering it for $15 instead, is there?

      > There are better ways to support the artist than buying their music. Steal the music, go to their concerts, but their t-shirts.
      Yeah.... right. Three easy steps. Such a shame most people stop after step 1.

      --
      no taxation without representation!
    12. Re:When.. by jjoyce · · Score: 1

      I spoke with my contacts over at Sony and WB Music. They read your post. They are pretty frightened now.

    13. Re:When.. by masklinn · · Score: 1
      I'm confused... how is stealing an artist's works supporting that artist?

      Most artists get a much higher share out of concerts/merchs than out of CDs.

      In fact, non-mainstream artist more or less only make money out of concerts/merchs, CDs net them $0 when they're not losses.

      --
      "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
    14. Re:When.. by MrMista_B · · Score: 1

      : the answer is to STOP SUPPORTING THE RIAA and purchase/support
      : independent artists.

      Which makes RIAA CD sales go down, to which they reply: "Oh noes, piracy!"

    15. Re:When.. by masklinn · · Score: 1
      Do you realize that most of the money a band makes comes from royalties, not merch sales?

      It doesn't, really

      No, let me correct that. Royalties and CD sales are a big winner for MTV-type mainstream crap.

      Royalties and CD sales get much closer to "net loss" for less known artists. Go read Janis Ian's articles on "The Internet Debacle", it's quite clearly stated.

      --
      "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
    16. Re:When.. by the+arbiter · · Score: 2, Interesting

      You could not be more wrong, and I've got twenty years in the music industry to prove it. Bands frequently NEVER see any return from royalties whatsoever...they're paying off their "debt" to the record company just like any good sharecropper must. Unless you own your own distribution, the only money that will ever cross your palm is from merchandising.

      --
      Boycott everything - they're all trying to fuck you one way or another
    17. Re:When.. by keraneuology · · Score: 2, Funny
      I belive the music industry executives to be complete and total morons. When will they realize that people will not continue to buy your product when you're overcharging?

      People are buying the CDs. In droves. Even though they are being overcharged. If you put it out, it will be bought. Look at all of the kids who buy $250 basketball shoes just because some drug using rapist endorses them on the TV - if Kobe Bryant started pitching condoms the youth would rush to jump on the safe sex bandwagon. Fame really IS that compelling.

      If Paris Hilton started listening to Milli Vanilli, was photographed with a William Shatner CD and was overheard commenting on how wonderful her latest copy of "One of the Simpsons Does Karaoke" was all three would sell like hotcakes even if priced at $29.95 - or higher.

      People buy these CDs at these prices. Fact of life. Even with all of the law suits and the lawsuits they are still making a profit. They have no real incentive to change and therefore will not.

      Now, if you wanted to see things change overnight then tweak the law to hold officers and employees of a corporation personally responsible for actions of the corporation. When a RIAA lawyer files a lawsuit and it is thrown out for lack of evidence then hold that specific lawyer personally accountable and force that specific lawyer to pay monetary damages to the wrongfully accused. When an executive inks a contract with a spyware company to break into people's PCs to check for illegally downloaded material, hold that specific executive liable in both civil and criminal court.

      And above all, tell the FBI to start going after terrorists instead of people who download Ashley Simpson: Yodel Out Loud.

      --
      If the g'vt kept the data on you that google does you'd better believe you'd be calling it "doing evil"
    18. Re:When.. by aero2600-5 · · Score: 1

      "Most artists get a much higher share out of concerts/merchs than out of CDs.

      In fact, non-mainstream artist more or less only make money out of concerts/merchs, CDs net them $0 when they're not losses.
      "

      Actually, a friend of mine has in the past year started a music label out of Pittsburgh. One of his best ideas? Include a CD with every concert ticket sold. Door price is $7? Hell, make it $10 and give them each a CD. And you know what? It's working.

      Aero

      --
      Please stop hurting America -- Jon Stewart
    19. Re:When.. by Red+Flayer · · Score: 1

      I am aware of the publicity argument. However, there is the assumption that people not spending cash on the album will spend it on a concert/t-shirt/etc. I think that's being more than a little optimistic in terms of what most people would do, since most people do not attend concerts frequently.

      Also, you can bet that recording companies (who will make sure to control the tours, and the touring contracts) will change their business model if this happens... sayonara to the 75% share of shirt sales. You can't change the business model and use the same pricing/royalty/share structure as the old business model.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    20. Re:When.. by aero2600-5 · · Score: 2, Insightful

      "Whoever wrote that needs to quit trying to blow everyone at the same time."

      This is going to sound harsh, but when you're trying to solve a problem with a compromise, your job is blow everyone at the same time.

      Aero

      --
      Please stop hurting America -- Jon Stewart
    21. Re:When.. by the+arbiter · · Score: 3, Informative

      The contracts aren't guesses. The going royalty rate is 5% of net sales, minus expenses. Put another way, one million albums sold at twenty bucks a pop returns about 20 million gross dollars.

      Of which the record stores get about 2-3 million.
      Of which the artist sees 1 million, BEFORE all the expenses (promotion of every kind, recording of the album, mastering of the album, artwork on the album, videos (realize that a video typically runs $500,000 by itself) payola, 'promotional tours', etc.)

      The record company makes at least 17 million and all their expenses are covered out of pocket by the artist.

      There's some good reasons I don't play for a living anymore...it's not much of a living, making 30,000/yr before taxes.

      --
      Boycott everything - they're all trying to fuck you one way or another
    22. Re:When.. by Anonymous Coward · · Score: 0

      : the answer is to STOP SUPPORTING THE RIAA and purchase/support
      : independent artists.

      Which makes RIAA CD sales go down, to which they reply: "Oh noes, piracy!"


      I don't get it? So, people are upset ovr the RIAA and major labels being greedy, but you still want to somehow placate them? So since they are greedy bastards, that means giving them more money. Are you insane?

      If you're sick of it. Just walk away. Don't feed the beast, and don't give it attention. If you looked at money like an energy flow, they're certainly not going to go away if you keep giving them more of your's. It doesn't really matter either way. Just try to be aware of your actions and the potential consequences.

      So they'll make a fuss, try to pass more legislation. Who cares? That's not a sure thing for them. Buying their CDs so that their sales don't drop, so that they don't try to pass legislation is hardly a strategy.

      I say bring on the DRM, lock it down. Screw it all. The people who are interested in better choices can chose to go do something else, or build new communities. What a silly game this is, to be worried about. If it bothers you this much, try making your own music. You'll have more fun and get more out of it then sitting on your ass being a mindless consumer whore. But I forgot. Ultimately this isn't about humanity's shining heights of creativity unleashed, so much as it is about self-serving greed.

    23. Re:When.. by Digi-John · · Score: 1

      And above all, tell the FBI to start going after terrorists instead of people who download Ashley Simpson: Yodel Out Loud.

      Actually, I think I'd prefer them to go after whoever is stupid enough to download that kind of garbage. I'll probably be caused much more pain and suffering through hearing that sort of music than by anything terrorists could do :-)

      --
      Klingon programs don't timeshare, they battle for supremacy.
    24. Re:When.. by hackronym0 · · Score: 4, Funny
      Basic Economics for RIAA, taught by .... Spinal Tap.

      Spinal Tap: Most people charge $10 for 10 songs, but our store here charges $11.

      Interviewer: But won't less people buy them, effectively lowering your profits?

      Spinal Tap: But we're charging $11, they only charge $10

      --
      This is completely false. This is not a sig.
    25. Re:When.. by Red+Flayer · · Score: 1

      Sure, but stealing that CD doesn't benefit the artist at all. In fact, it hurts them, whether they produce the album themselves or not.

      If you were to say, that you should support artists by stealing their album and then buying their merchandise instead, then it makes sense.

      However, I believe the vast majority of people would take the free album and never spend a cent on the artist.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    26. Re:When.. by budgenator · · Score: 1

      I don't recommend it but here's how it works, a musician if they are lucky, actualy get 8-12 cents a CD. Frequently they end up oweing money to the record company. If an average fan has $50.00 to spend on entertainment and they buy 4 CDs, the artist gets less than 50 cents, if they go to a concert and buy a tee shirt the artist get about $25.00! So by stealing from the record company which probably own all the rights to the music and has contracted with the artist to share a portion of the non-existant profits, you ripping them off 50 cents from the record lable, but replacing with 25.00 at the concert gate while spending the same amount of money.

      In short stealing the music, but going to the concerts, cut the middle men out and benefits the performing artist more.
      The middle men are a mean, nasty, coniving sort and don't take kindly to be ripped off. They will make an example out of you. These guys are preditors and you are prey wheather you are a music lover or a musician, you're still prey and they will protect their hunting grounds.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    27. Re:When.. by Anonymous Coward · · Score: 0

      We are planning on using 3 souped up modified Honda Civics with 3 teams to intercept and high-jack truckers who are transporting CDs on the open freeways during shipment. We will bring the music industry to their knees *shakes fist*

    28. Re:When.. by gordo3000 · · Score: 1

      of course, this implies that I"m not going to take my new found extra 40 dollars and 2 cd's and go buy something else. Everyone always thinks people will spend the same amount on am object. There is no guarantee that anyone would go to the concert with the money saved.

      YOur argument is philosophical and you add numbers to make it seem more realistic. But that doesn't mean it is. I could make the same argument but say out of every 20 people, only one does what you say and the other 19 go off and do something else with that money. Then the artist lost money by your model(1 dollar, actually).

      Anyways, if I really wanted to be generous, I would sneak into the concert and steal the t shirt and download the music and hten just send them cash in an envelope of all my 40 dollars. They can write off the losses for the stolen merchandise(government pays for some), they lose that 5 dollars for the seat, and then they get 40 bucks. So I"ll just be a nice guy and do that instead.

    29. Re:When.. by gordo3000 · · Score: 1

      america is a democratic republic, its a definition we fit. The person who recieves the most/majority(depending) votes wins, and that is the end of it. That person goes on to act as a representative in the law making/decision making process. No one with any education has ever called the US a pure democracy. It isn't even presented that way in half assed text books. Or are you complaining that the PAC's are good at convincing people to vote for someone you don't believe in or you think isn't good for america? sucks for you, but that is how a democratic republic works.

    30. Re:When.. by mrbcs · · Score: 1
      Grateful Dead & Pearl Jam. Their philosophy was, record our shows, give them to your friends.. don't try and make money off them.

      Both these bands make their living by playing gigs. I was reading last week how Pearl Jam, without much new material, was packing in shows wherever they went. The reviews of the show weren't that great either.. but they have a huge following.

      --
      I'm not anti-social, I'm anti-idiot.
    31. Re:When.. by Anonymous Coward · · Score: 0

      I make less than that and am pretty comfortable. *shrug*

    32. Re:When.. by Anonymous Coward · · Score: 0

      I'm confused, how am I supposed to find new music and movies if the American entertainment cartel forces the same old shit down our throats and use payola to control airplay? And how does this help music and film as opposed to some musicians (questionable use of the term) and some film makers (ditto).

    33. Re:When.. by jwsd · · Score: 1

      There is no other monopoly ('cept maybe food...maybe!) other than music that is guaranteed by humanity.

      Sorry I have to disagree with you. But I have to put food, house, toilet, and sex ahead of music.

    34. Re:When.. by C0llegeSTUDent · · Score: 1

      Of course you are comfortable, you live in your mom's basement! I bet she even brings you cookies and lemonade on saturdays.

      $30k a year aint shit, n*gga.

    35. Re:When.. by shark72 · · Score: 1

      CDs haven't been $20 for years. The average price of a new CD is $13 and change.

      You're correct that the record stores and distributors make a total of $2- $3 a sale, so all the record company ever sees out of a sale is about $10.

      "The record company makes at least 17 million and all their expenses are covered out of pocket by the artist."

      It's not out of pocket, per se. A more accurate statement would be that all of the artist's expenses are paid out of pocket by the record label. The recording artist gets paid last, only after all the expenses have been covered. If the album is a failure, the record company eats the loss and the artist ends up with zero -- but they're not in debt. In this regard it's better than a traditional bank loan -- if you borrow $50K from the bank to self-produce/promote/etc. your record and it only makes $25K, the bank will still insist on getting all $50K back, plus interest. They'll be a lot less understanding than the record label. A record label won't ruin your credit rating and repo your car if your album doesn't turn a profit.

      "There's some good reasons I don't play for a living anymore...it's not much of a living, making 30,000/yr before taxes."

      This statement is sure to either confuse or enrage the usual Slashdotters who are quick to point out that it's morally okay to pirate music because musicians are wealthy -- after all, just look at all those fancy cars in the rap videos! It does, however, echo what I've heard about musicians having among the lowest average incomes of any profession. I hope ASCAP is still sending you checks...

      --
      Sitting in my day care, the art is decopainted.
    36. Re:When.. by CountBrass · · Score: 1

      Steal their music (most of the money you pay goes to the record companies anyway) and reward the musicians by paying to go to their concerts and buying their t-shirts.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    37. Re:When.. by node+3 · · Score: 1

      Lastly, it's just wrong.

      That's a myth. Copying music against the wishes of the owners if "IP" is not "just wrong." The consumer should have a certain set of rights and the artists should have a certain level of income, both of which are very limited for the sole purpose of filling the coffers of the music executives.

      There's nothing wrong with making money. I just think the artists should also make money commensurate with the value they provide to the labels.

      There's nothing wrong with enforcing a system which protects the rights and desires of the participants, but copyprotected CD's and unfair punishments for copying a song go too far, and serve only to strengthen the control the labels have, and that *is* wrong.

      I wouldn't like it if you did that to me regardless of how noble your intentions are.

      I, and most people, don't care at all whether the record labels "like it" or not. If the labels respected my rights, my needs, my wishes. If the labels promoted a system which benefits the artists. Then, and *only* then, should I care if they are happy.

      If someone is a bully, screw him. I'm not going to lose sleep if I make him feel bad.

      Fix the system, and I'll respect it. Systems aren't due respect just because they exist. Like all things, they must earn respect, and the music industry has no desire to earn it. So why, exactly, should I grant respect to such a contemptable system?

    38. Re:When.. by pedestrian+crossing · · Score: 1

      The recording artist gets paid last, only after all the expenses have been covered. If the album is a failure, the record company eats the loss and the artist ends up with zero -- but they're not in debt. In this regard it's better than a traditional bank loan -- if you borrow $50K from the bank to self-produce/promote/etc. your record and it only makes $25K, the bank will still insist on getting all $50K back, plus interest. They'll be a lot less understanding than the record label. A record label won't ruin your credit rating and repo your car if your album doesn't turn a profit.

      You left out an important part of the equation. The record company gets to make the determination of how much was "spent" on expenses. Their accounting practices make the Enron CFO look like Mr. Rogers.

      In terms of your analogy, the bank determines how much they "loaned" you, and you never see that money, they spend it for you.

      --
      A house divided against itself cannot stand.
  16. transition of power by circletimessquare · · Score: 4, Insightful

    it's all about power: the music conglomerates and the riaa exist to control music distribution in a world of LPs, cassettes, and CDs

    in a world of cable modems and fiber optics, who controls the music distribution?

    the tech companies do

    bill gates and steve jobs do

    so if their handlers are smart, they will just start signing artists themselves

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:transition of power by Red+Flayer · · Score: 1

      "in a world of cable modems and fiber optics, who controls the music distribution?
      the tech companies do
      bill gates and steve jobs do
      so if their handlers are smart, they will just start signing artists themselves
      " Well, except then you'd have single companies in charge of production, distribution, and retail. Unless they allowed others to distribute and/or retail the music as well, they'd get slapped with charges. Not that getting slapped with charges has had any affect in the past... but FWIW, they'd be legally liable.

      As far as I can tell, it would not be wise for either MS or Apple to get into that business. MS is already suffering from misdirected bloat, and Apple has proven itself successful in the current business model, with little need to bloat itself in this manner.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:transition of power by ZachPruckowski · · Score: 1

      so if their handlers are smart, they will just start signing artists themselves

      Doesn't Apple already do this? I mean, they have "exclusive" artists or something on iTMS, don't they? Doesn't that imply that the artists can only be gotten on iTMS, or at least some of the songs?

  17. It's already affecting Itunes by bl968 · · Score: 4, Interesting

    While not the biggest fan of on-line music I have occasionally bought albums via iTunes. However 9.99 is the max I am willing to pay for any downloadable album. So I have skipped four albums in the last two weeks due to their pricing being higher ranging from 13.99 to 19.99 for the downloadable album. That works out to $39.96 in lost sales if you work it out using my max price. Why do they think we are fool enough to pay as much for a downloaded album as we would for a complete packaged CD. I also notified Apple of my decision and why so they could use it as ammunition in their fight against the labels. I am waiting for the price fixing lawsuit and the abuse of copyright claims against the recording labels. Maybe one day. I know I am a dreamer.

    --
    "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    1. Re:It's already affecting Itunes by Red+Flayer · · Score: 1

      "Maybe one day. I know I am a dreamer."

      But you're not the only one,
      We hope some day to join you,
      And the world will listen free.

      My apologies to Lennon, but I couldn't help it.

      BTW, to which label do I need to make my check out to for using Imagine in a parody? I'm sure even that will require royalty payments soon enough...

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:It's already affecting Itunes by Tsiangkun · · Score: 4, Interesting

      Exactly.

      I can go to $USED_CD_STORE and buy $ALBUM used for $3.99-$9.99. I walk outside, sit on the curb and rip it to my powerbook in a higher bit rate than the downloadable version. Three minutes later, I walk back into the store and sell the disc back for $2.50.

      I'm not going to pay $14, $15, .. $25 for a digital album.

    3. Re:It's already affecting Itunes by Hollins · · Score: 1

      It's not $40 in lost sales if there are 8-10 customers willing to pay the extra cost for every customer who is not. If this ratio is greater than 10:1, then they're making more money.

      I'm certain they have people analyzing exactly what price point maximizes revenue.

    4. Re:It's already affecting Itunes by digidave · · Score: 1

      "often those albums have a ton of extra tracks or remixes"

      I have yet to hear a remix I would pay for. They're sort of like the bonus features on DVDs, but even less useful.

      --
      The global economy is a great thing until you feel it locally.
    5. Re:It's already affecting Itunes by PaxTech · · Score: 1

      BTW, to which label do I need to make my check out to for using Imagine in a parody? I'm sure even that will require royalty payments soon enough...

      I expect the cease and desist letters over my sig any day now.

      --
      All movements for social change begin as missions, evolve into businesses, and end up as rackets.
    6. Re:It's already affecting Itunes by feijai · · Score: 1, Funny
      I can go to $USED_CD_STORE and buy $ALBUM used for $3.99-$9.99. I walk outside, sit on the curb and rip it to my powerbook in a higher bit rate than the downloadable version. Three minutes later, I walk back into the store and sell the disc back for $2.50.
      As long as we're doing illegal things, I've got an even better idea. I can go to $USED_CD_STORE at night, break in, dump as many CDs as I can in a trash bag, and run away in three minutes. And all for free! I'm not going to pay $14 to $25 for a digital album again either!
    7. Re:It's already affecting Itunes by Tsiangkun · · Score: 1

      I only committed copyright infringement, you've committed breaking and entering, theft, and possibly grand theft.

      Have fun in the big house.

      Not all crimes are equal, and mine leaves no trail.

    8. Re:It's already affecting Itunes by requim · · Score: 1

      I have to wonder if the music industry has any brilliant economists working for them. From all appearances they have the same understanding of the financial model as you have described.

      It costs the industry more money to sell 10 copies of music than it does one copy. The objective of any business is to maximize profit.

      Maximizing profit != maximizing sales

      I would imagine the financial model is fairly complicated but there are numerous consumers, such as myself and the original parent poster who have a limit on what they will spend on an albumn in either digital or printed form (cd/lp/tape/whatever).

      I would imagine that there is a formula such that if I (Joe Blow consumer) buy an album in print that I will not purchase the digital format of the music. I would also imagine that there is also another formula in the equation that says that if I buy a single online that I have a certainly likelihood/propensity to purchase the entire album. Additionally I would also imagine the same exists for if I buy the entire album in digital format what the likelihood is that i'll buy the printed copy also.

      I personally make the decision on which format I will purchase based on price and based on how I like/disklike the music on the album. If I preview the album on iTunes, Amazon, wherever and I only like a couple songs, there is a high probability that I'll just purchase the few single on the album and move on with my life. However, if I like a good portion of the album, then I'll go ahead and buy the printed media since it is more usable.

      On a side note, here is my own little rant on the music format wars.

      My problem is that I'd rather be able to buy the printed music and then create my own "backup" and then discard the original without fear of being out of compliance with the copyright ownership. I have several hundre cd's that I would like to discard but am forced to continue storing because I would lose my right of ownership of the digital copies that I have created.

      I would be all for some business to do what MP3.com did to some extent but to go the extra step and say that I can send in my hard copies for a "key" to the same cd in a moveable format. That way I can always have access to my music I don't care if they encrypt it or not, I just want to be able to play it on whatever I want.

      I'm perfectly willing to respect the copyright of music, but at the same time I think they should respect our right to the doctrine of fair use.

    9. Re:It's already affecting Itunes by deesine · · Score: 1

      As long as you drive over 65mph, why not go even faster? You're already doing something illegal. Heck, just go as fast as that car will go man!

      --
      damaged by dogma
    10. Re:It's already affecting Itunes by Widowwolf · · Score: 1

      most remixes of industrial songs are good..if you ar into that type of music..there are many remixes that i prefer over the original...

      --
      ~~"Of course, that's just my opinion. I could be wrong." ~~Dennis Miller
    11. Re:It's already affecting Itunes by BeerCat · · Score: 1

      BTW, to which label do I need to make my check out to for using Imagine in a parody?

      Err, that would be these guys

      (Kind of ironic, really. More info here)

      --
      "She's furniture with a pulse"
    12. Re:It's already affecting Itunes by Anonymous Coward · · Score: 0

      Thank you for the illustration of the gp's stupidity, but I don't think he'll get it.

    13. Re:It's already affecting Itunes by Tsiangkun · · Score: 1

      Thanks for blindly obeying everything that is law, I'm sure it is the best way to protect your freedoms.

      Laws are mere suggestions. There are consequences to breaking them, and there are consequences to following them.

      If you don't decide for yourself what you value, what freedoms do you have ?

    14. Re:It's already affecting Itunes by poot_rootbeer · · Score: 1

      I walk outside, sit on the curb and rip it to my powerbook in a higher bit rate than the downloadable version. Three minutes later, I walk back into the store and sell the disc back for $2.50.

      At which point you are required (if you wish to stay on the legitimate side of copyright law) to delete the copy you just ripped to your Powerbook.

      You only have a license for that music as long as you own the physical media it came on. Note that this definition of ownership is incompatible with digital-only download services, and that's an issue that the courts have yet to decide on definitively.

    15. Re:It's already affecting Itunes by Tsiangkun · · Score: 1

      I don't care to stay on the "legitimate" side of any law with which I disagree, but that a choice each individual has to make for themselves. Weigh the consequences and make your own choice. I'm well aware of the requirement to delete the copy from my computer when I sell the disc.

    16. Re:It's already affecting Itunes by feijai · · Score: 0

      It's nice to see that your moral system permits you to commit a crime as long as it "leaves no trail". Remind me to not cross your path at dark.

      The point: your answer to not having to pay you felt was too-high a price was to break the law and risk your own personal karma. Well, duh. That's a solution to a great many problems. It doesn't make it a good one.

    17. Re:It's already affecting Itunes by Anonymous Coward · · Score: 0

      So don't buy the remix tracks. iTunes lets you buy per-track.

    18. Re:It's already affecting Itunes by meadandale · · Score: 1
      At which point you are required (if you wish to stay on the legitimate side of copyright law) to delete the copy you just ripped to your Powerbook.

      Ahh, the old "I want to be able to eat my cake and have it too" argument.

      When you pay for a CD, whether used or new, you are effectively paying for a license to listen to the music according to many sources discussing music copyrights such as this one. However, it is also noted that selling a CD that you have purchased is also illegal under copyright law so that means that used CD stores and their customers are violating copyright.

      In any event, having paid for a license to listen to the music, if you rip the songs and throw the disc in the trash or make a Christmas Tree out of it, you can still listen to the music.

    19. Re:It's already affecting Itunes by Anonymous Coward · · Score: 0

      Don't be so dense. Yeah, technically what he does is illegal. But there's a huge difference between whatever you think he may do to you after dark and ripping a used CD and then selling it back to the store. If you don't understand how incredibly different the two things are, IMO you have more of a problem than he does.

    20. Re:It's already affecting Itunes by Anonymous Coward · · Score: 0
      However, it is also noted that selling a CD that you have purchased is also illegal under copyright law
      Not so. Look up the First Sale Doctrine part of copyright law sometime. Once the copyright holder sells a copy, they lose the right to control further sales or transfers of that particular copy.

      Now it is the case that the record industry got Congress to carve out a special "no commercial rental without approval (which won't be forthcoming until Hell freezes over)" clause. But that's only rental -- not sales, and not public-library-style lending.

    21. Re:It's already affecting Itunes by Anonymous Coward · · Score: 0

      >When you pay for a CD, whether used or new, you are effectively paying for a >license to listen to the music according to many sources discussing music >copyrights such as this one. However, it is also noted that selling a CD >that you have purchased is also illegal under copyright law so that means >that used CD stores and their customers are violating copyright.

      IANAL but I'm pretty sure this is not correct. To review.....

      NO, you are not buying a license to listen to the music. You are a buying a copy. You don't own the copyright but you do own a copy. You have a right to do such things like selling it (to a used record store) or giving it away to a friend. You do not have a right to make copies for such things as distributing to friends or selling to record stores. That is copyright infringement.

      This important distinction is called "Doctrine of First Sale" and has substantial legal backing. Think about it....there are many, many used record stores and the RIAA isn't suing them. They hate used record stores but they know they are legit.

    22. Re:It's already affecting Itunes by feijai · · Score: 0
      Don't be so dense. Yeah, technically what he does is illegal.
      It's never a good debate tactic to start by conceding that you're wrong. :-)

      The guy proposed an illegal solution to the problem. I don't care how illegal it is (if such a thing can be measured). What matters is that his moral system led him to propose an illegal solution instead of a legal one. It tells me a lot about the kind of person he is. And you are, AC.

    23. Re:It's already affecting Itunes by meringuoid · · Score: 1
      What matters is that his moral system led him to propose an illegal solution instead of a legal one. It tells me a lot about the kind of person he is.

      The 'legal-illegal' axis and the 'right-wrong' axis are not the same thing. Some things are right but illegal, some things are wrong but legal.

      Breaking the law isn't necessarily a moral wrong. If you don't realise that... well, it tells me a lot about the kind of person you are, and I hope like hell there aren't too many like that or freedom is dead.

      --
      Real Daleks don't climb stairs - they level the building.
  18. This is how long they'll push by Red+Flayer · · Score: 5, Interesting

    The recording companies will push as long and as hard as they can -- they'll pause when someone pushes back.

    Only by continually testing the line will they be able to determine how much the market will bear, which is how they determine their prices. MS breaking off negotiations is a negotiating tactic in itself -- MS has communicated to the recording companies that they are demanding too much.

    Wait a month or two, the recording industry will come down in price, and both sides will have a deal they are content with.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    1. Re:This is how long they'll push by Overly+Critical+Guy · · Score: 5, Interesting

      The recording companies will push as long and as hard as they can -- they'll pause when someone pushes back.

      That just might be Apple. With CD sales down again this year and Apple owning 82% of the online market along with a Christmas-slaying iPod nano and rumors of a slimmer fifth-generation hard-drive iPod coming later this month, Steve Jobs really has little to be afraid of from these guys. If they pull out of the iTunes Music Store, people will still be gobbling up iPods, and they'll just be filling them with pirated music instead. Jobs knows this, and so do the labels...they're just making a public fuss after realizing they're losing decades of control they once had over music distribution, all because they waited and waited and waited, and so Apple just strolled along and legitimized it without them.

      --
      "Sufferin' succotash."
    2. Re:This is how long they'll push by grasshoppa · · Score: 1

      My my, aren't you optmistic. And given a true ( or near enough ) free market, you'd be right. There are external pressures that the supplier must take into account, and that will help determine the eventual cost.

      However, the record industry is a monopoly, in everything but name. There is no motivation for them to come to reasonable terms, indeed, to even behave rationally. Oh, I'm not saying market pressure will *eventually* push them to whatever, but they have the 'stuff' other people want, and they have a proven history of being a bit...untethered, shall we say.

      What will ( and is ) eventually happen is they will make themselves irrelevant to the point that any new competitor in their realm ( or even close to it ) will look stunning to the buyers, who will then leave them ( the old record industry ) in droves.

      Think: Walmart vs Kmart.

      And I can't wait. :)

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    3. Re:This is how long they'll push by Brigadier · · Score: 1



      good point, but this will mean re-negotiations across the board for everyone. Which potentially will be good for the customer. Initially everyone, producers, distributers, etc had their hand in the bag. Now with Microsoft, Apple and other none industry people pressuring the RIAA we may probably finally see a break in prices which haven't dropped since CD's initiall daybue(sp)

    4. Re:This is how long they'll push by Red+Flayer · · Score: 1

      " My my, aren't you optmistic."

      Optimistic? How, by thinking that the recording industry will push and push for as much as the market will bear?

      I think you misunderstood my post -- I'm not talking about pricing and profits based on supply and demand. Monopolies maximize profits by charging what the market will bear -- my OP implies that they are a monopoly.

      Only if the recording industry will not limit prices to the market max will they become irrelevant. If they are stupid enough not to halt price increases (which they've done with music in the past, do you see CDs for sale for $40?), then they will become irrelevant.

      Wal-mart vs. K-Mart does not apply. Wal-mart was, and is, not a national or regional monopoly. They leverage their purchasing power to drive smaller competitors out of business, but it's a totally different business model. The reason K-Mart lost out is not because of prices, but because of poor business management and negative brand association.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    5. Re:This is how long they'll push by Red+Flayer · · Score: 1

      I think we're more likely to see stagnation in prices. The music industry will just wait a bit before attempting to raise the prices again... they'll try to stay in the warm spot of the cold pool (all negative associations intended); the market has shown it will bear current prices, so I don't see any kind of price decreases in our future.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    6. Re:This is how long they'll push by good-n-nappy · · Score: 1

      The same goes for RIAA lawsuits. They'll keep sending out lawsuits until it becomes unprofitable to do so. It'll take an awful lot of soccer moms and disabled folks counter suing them to outweigh all those college student settlements. They clearly have no concern about public image and why should they?

      Nevertheless, I'm not sure I agree that the recording industry will reconsider. They can go elsewhere and they already have. Where else is Microsoft gonna go for content?

      --
      Never underestimate the power of fiber.
    7. Re:This is how long they'll push by soft_guy · · Score: 1

      Wal-mart was, and is, not a national or regional monopoly

      No, but they are a local monopoly in many of the places they operate. If you've lived in small towns, you've probably seen their influence. I lived in a town where there was literally no other place to shop for most items. I saw them come to town, take over the building that had previously had a Gibson's in it, then a few years later they built a new store. A few years later built an even bigger new store that had groceries in it. When they were all done, they were the only grocer in town except for one small store in an area of town that had lots of elderly people in it who couldn't drive to Wal-mart.
      BR
      When I lived there, my shopping chocies were Wal-Mart, drive 2 hours to get to a major city, or do without.

      --
      Avoid Missing Ball for High Score
    8. Re:This is how long they'll push by grasshoppa · · Score: 1

      Wal-mart vs. K-Mart does not apply. Wal-mart was, and is, not a national or regional monopoly. They leverage their purchasing power to drive smaller competitors out of business, but it's a totally different business model. The reason K-Mart lost out is not because of prices, but because of poor business management and negative brand association.

      It amuses me you can give me these reasons for Kmart's fall when telling me that it doesn't apply to the recording industry.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    9. Re:This is how long they'll push by Red+Flayer · · Score: 1

      The RIAA will definitely reconsider. Apple has got the RIAA by the balls, and the RIAA need to have a competitor to Apple in the marketplace. Microsoft's purchasing power, and ability to absorb losses, as well as easy penetration into the market, ideally situates them as an Apple competitor.

      The RIAA will deal with MS just so they have more power in their negotiations with Apple.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    10. Re:This is how long they'll push by Red+Flayer · · Score: 1

      "It amuses me you can give me these reasons for Kmart's fall when telling me that it doesn't apply to the recording industry."

      The music industry does not have negative brand assoiation amongst the vast majority of consumers. K-Mart is also not the entire mass-retailer industry. Apples and Oranges, bub.

      We were discussing pricing strategy, which you compared to KMart & Wal-mart, which do not compare at all.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    11. Re:This is how long they'll push by Red+Flayer · · Score: 1

      You're right, which is why I made the distinction. But the local monopolies were achieved through purchasing power, predatory pricing, and branding, which K-Mart or a number of other competitors could also have done.

      Wal-mart's products are not unique -- someone else can sell a crappy drill too, often the same brand and model (except for the model# itself). The music industry, however, is in a situation where their products are unique -- by virtue of IP and licensing, only Media Company X can sell Artist's single "Y".

      The two business models are extremely different, especially since Walmart is a distribution and retailing company, whereas the RIAA is a production and distribution company (though both do marketing as well).

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    12. Re:This is how long they'll push by Sketch · · Score: 1

      > If they pull out of the iTunes Music Store, people will still be gobbling up iPods, and they'll just be filling them with pirated music instead. Jobs knows this, and so do the labels...they're just making a public fuss after realizing they're losing decades of control they once had over music distribution, all because they waited and waited and waited, and so Apple just strolled along and legitimized it without them.

      Right. And it will never happen, unless all of the record companies get together and pull out together, because just one of them won't pull out of iTMS. If they do, they'd be losing a big chunk of sales which the other record companies that didn't pull out would not be losing. That'd look awfully bad for profits...who wants to give up part of the market to their competitors?

      --
      -- OpenVerse Visual Chat: http://openverse.com
  19. Microsoft's next step by kcornia · · Score: 1

    Include Kazaa/BitTorrent/eDonkey as part of the operating system?

    Embrace and extend baby, MS tried to play nice, but the RIAA wasn't having any of it.

    Now its gonna get UGLY!!

    1. Re:Microsoft's next step by Anonymous Coward · · Score: 1, Interesting

      Don't laugh. If I wasn't NDA'd, I could tell you some stories.

    2. Re:Microsoft's next step by youta · · Score: 1

      Microsoft has collaborated on a new P2P system which is supposedly more efficient than current P2P networks.
      Perhaps this will be in Vista?

      http://research.microsoft.com/~pablo/papers/nc_con tentdist.pdf

  20. In Other News by Dante+Shamest · · Score: 1

    A spokesman for the music companies says that talks officially ended after "one of the Microsoft guys started doing chair-hadokens".

  21. Too much eh... by ploss · · Score: 5, Funny

    In other news, Microsoft puts out a new security update that enables a global Windows-based peer-to-peer filesharing network.

    Steve Ballmer was quoted, "F**K THAT RIAA! I'm GOING TO F**KING KILL YOU TOO!! KILL!!! KILL!! KILLL!!!!!!"

    Stock prices of major furniture companies went up as well on the news, on forecasts of the increased need for chairs.

    --
    What are the odds that some idiot will name his mutex ether-rot-mutex!
    1. Re:Too much eh... by The+Lynxpro · · Score: 1

      "Steve Ballmer was quoted, "F**K THAT RIAA! I'm GOING TO F**KING KILL YOU TOO!! KILL!!! KILL!! KILLL!!!!!!" Stock prices of major furniture companies went up as well on the news, on forecasts of the increased need for chairs."

      I'd pay $25 US to see Ballmer bean Edgar Bronfman in the head with a Herman Miller chair.

      Ballmer, what's the PayPal account I'm sending the money to?

      Come to think of it, I'd pay $50 to see that. Especially with a "Waterworld" DVD hot glued to the chair.

      --
      "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
    2. Re:Too much eh... by Whanana · · Score: 1

      That is the freaking funniest thing I have ever ever ever read on slashdot. Cheers.

      Sean

  22. Oh the tragedy! by Anonymous Coward · · Score: 0

    You mean I won't be able to buy the latest hit hip-hop album from MSNBCEMIBMG Time Warner Super Mega Corp? Damn.

  23. Too Much?? by JordanL · · Score: 5, Insightful

    It's pretty bad when a company that lost $8 billion breaking into the gaming industry says you're charging too much.

  24. MS is a software company by vijayiyer · · Score: 4, Insightful

    The problem here is that MS needs to make a significant profit on the venture, as opposed to Apple, who has a music store to sell music players. Apple is content to give away the bulk of the proceeds from its store for market share so they can drive iTunes sales. What does MS stand to gain by giving away the bulk of its profits? More WMA licenses? Those can hardly bring in more than a few dollars per player.
    Of course, I wouldn't be surprised to see MS do everything at a total loss just for the sake of controlling the market.

    1. Re:MS is a software company by budgenator · · Score: 0

      After having used linux on my desktop for 10 years, I'll have to say that the evil software empire called Microsoft sells some very good hardware. If they start selling portable music thingies, apple is going to do some real competeing is that market. I know xbox is kinda lame but that's more of an exception than a rule.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    2. Re:MS is a software company by node+3 · · Score: 1

      What does MS stand to gain by giving away the bulk of its profits?

      Control. MS makes their billions only if they control the markets. Right now, Apple owns the online music market and the portable player market.

      That's two places where MS doesn't make money on each mp3 player sold, and each song downloaded. It's also a market that MS can't leverage to promote other products, like the Xbox and PocketPC.

      Plus, it leads to embarassing situations, like having to show an iPod connected to an Xbox 360. And there's the fact that this promotes Apple in the minds of the consumer, and if the Mac market share increases even a few percent, it makes it just that much harder and that that much more expensive to promote MS-only techonlogies like those in Office and Vista.

      Sure, it might seem like only a billion here, and a few hundred million there, but MS is a company that really fights to keep every advantage they can. That's why they are where they are today. In a world where Apple isn't laughed at, in a world where Linux isn't considered a hobby OS, in a world where OpenOffice.org is seen as legitimate, MS has to actually work to keep the lead.

      So yeah, MS really wants to own that market, they want to own all markets. Anything less, and MS risks becoming just another company, like all the rest.

  25. Microsoft is soooo cheap by popo · · Score: 1, Troll

    Do they know how *hard* these record labels are trying to make ends meet?

    _________


    Judge a Man by His Wallet

    --
    ------ The best brain training is now totally free : )
  26. music industry = smart by Anonymous Coward · · Score: 0

    It's smart to stand up to Jobs and Gates. Music doesn't want another MTV dictating to them what to do. iPOD is trying to be the new MTV. Unfortunately for Apple, the new song is "MP3 killed the Video Star" not "I want my DRM". Kiddies are wising up the iPOD scam; there's no reason for the consumer to get locked into one vendor. Same with music companies, there's no reason to get locked into one distributor.

    Of course with the internet, bands don't need traditional music companies as much anymore.

  27. Re:Standard Microsoft Business Practice by Anonymous Coward · · Score: 0

    You misspelled "copy" as "steal". As in "Microsoft did not steal Lotus Notes, but copied ideas and make a similar product which ultimately unseated Lotus Notes."

    That out of the way, are you suggesting that MS will start issuing their own recordings? Uh-huh.

  28. There is nothing for Microsoft by ericdano · · Score: 2, Informative
    Why should the industry listen to Microsoft? They don't have a share of the portable player (ie: iPod) market. They basically want to push subscription services (which most people seem not to want).

    Basically, the industry needs to deal with Apple, not Microsoft. Microsoft is not a player in the game anymore. Microsoft is a a Johnny Come Lately.

    --
    It's either on the beat or off the beat, it's that easy.
    I moderate therefore I rule!
    --
    1. Re:There is nothing for Microsoft by Admiral+Ackbar+8 · · Score: 1

      "Why should the industry listen to Microsoft? They don't have a share of the portable player (ie: iPod) market. They basically want to push subscription services (which most people seem not to want).

      Basically, the industry needs to deal with Apple, not Microsoft. Microsoft is not a player in the game anymore. Microsoft is a a Johnny Come Lately."

      WOW, your wrong. M$ has a [large] presence on 95% of all computers. Imagine an integrated music subscription service as part of Windows. Instant market presence!

    2. Re:There is nothing for Microsoft by falcon5768 · · Score: 1
      ahh but the thing is Apple already told the RIAA to fuck off, so basically they are going to try to get Microsoft on board to say "well we dont need Apple, we can use Microsoft and everyone will flock to them instead" under the mistaken belief its the music, and not the price thats driving the market.

      What they fail to realize is that in this case, its one of those few things where its the price thats driving the market, and that the cheaper you sell it the more people will go for it rather than through other means. If even Microsoft given a CLEAR chance to usurp Apple wont bite, then the RIAA is in serious serious trouble.

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    3. Re:There is nothing for Microsoft by soft_guy · · Score: 1

      If they do not want to deal with Apple, Microsoft is their only viable alternative. And frankly, even with all of Apple's success, there are a lot of people waiting for Microsoft to take over music. Imagine this scenario:

      1. Microsoft creates an iTunes knock off application with a subscription based music store embedded in it.
      2. They bundle it on every PC, pre-loaded. You can't start up the PC without having to at least be asked about setting up a music subscription.
      3. The subscription price gives you access to some huge amount of music - perhaps all RIAA songs past, present, and future for $20/month.
      4. These songs are all DRM managed in WMV format and play on any "Plays for Sure" device.
      5. Micorosft has default links in their app or browser taking you to retail ourlets that sell "Plays for Sure" devices. They make sure they cover cars, stereo components, and also portable players & phones. In fact, you can setup your music library in MSTunes and hot sync it wirelessly to your car stereo.
      6. Perhaps they get Creative to offer a "trade-in your iPod" program.

      How long can Apple hold out against that?

      --
      Avoid Missing Ball for High Score
    4. Re:There is nothing for Microsoft by ericdano · · Score: 1

      No no, it's like VHS and Beta. Apple is the VHS and Microsoft is Beta. Most everyone has a VHS player (iPod), and Microsoft is trying to get the industry only to produce things in Beta format even though a minority have Beta players (iRiver, Rio, Samsung, etc).

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    5. Re:There is nothing for Microsoft by tsotha · · Score: 1
      The "industry" should listen to (and deal with) Microsoft because they've foolishly allowed Apple to accumulate all the power in online distribution. At some point, when CD sales fall far enough and people don't expect to carry around peices of plastic, Apple will be in a position to dictate to music companies what they can charge.

      The music industry should be doing everything in its power to make sure lots of companies do online distribution so they're in a position to freeze out companies that try to compress their margins too much. If I were running the RIAA Microsoft would get really sweet deals until they'd acheived parity with Apple. So would every other small-time online service. When there was ten players with 10% of the market each, then the deals would end.

      This is not the time for them to get greedy, but old habits die hard.

    6. Re:There is nothing for Microsoft by falcon5768 · · Score: 1

      right but this isnt a case of Microsoft trying to go after Apple, they are, but in this case its the industry has already been told by Apple no to raising the prices of tracks and albums. The RIAA hates this (and honestly thought it would die which is why they agreed to such a cheap price to begin with) so they are trying to levee Microsoft against Apple by saying, "Look, Microsofts going to do what we tell them, we dont need to give you rights to our music anymore we can give them to MS and you guys will just be stuck with indies which no one wants" Sept MS even said no way to the outragious demands of the RIAA who make NOTHING BUT PROFIT from this cause MS knows it would fail if it didnt copy Apples model in this cause. So now the RIAA is stuck having to meet the demands of Apple, or kill a source of income that while they hate, also are too greedy to ignore because quite simply its pure profit, they dont encode the tracks they dont have to manufacture anything, hell if you really look at the way the ink really is, they dont even pay to record ANYTHING the artist did since they charge the artist in the end on most contracts.

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    7. Re:There is nothing for Microsoft by ericdano · · Score: 1
      Is that already there? How many people serious drag their computer along to listen to music? Few to none. Besides, you have Napster and other things being bundled with computers, and I see that taking off......NOT!

      It's about cellphone and iPods. Not Windows and Computers.

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    8. Re:There is nothing for Microsoft by ericdano · · Score: 1
      Ah, but the time has passed for that. No one wants anything other than an iPod. Kids don't want other brands, they want an iPod. And why shouldn't they? It works great, and has the best design of any player. It's damn sexy.

      I for one am not interested at all in the NON iTunes stores out there. They have more restrictive DRM than Apple does. And who wants to RENT music?

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    9. Re:There is nothing for Microsoft by ericdano · · Score: 1
      1. Has been done. See Napster and REAL.
      2. Has been done, mostly.
      3. That has been done as well.
      4. Again, that has been done.
      5. Interesting idea, the wireless car stereo.
      6. Haha.....Creative has done this before I believe. And it didn't do so well....

      Seems Apple is holding out and still smacking down the competition.

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    10. Re:There is nothing for Microsoft by CountBrass · · Score: 1

      They were a johnny come lately to the internet and browsers as well and now their browser has, what, 97% of the market despite being inferior to many of the alternatives. Don't underestimate Bill: he's not one of the richest men in the world by accident.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    11. Re:There is nothing for Microsoft by ericdano · · Score: 1
      Microsoft won that by bundling/embedding their browser in the OS. We have since learned, via court cases, that this is illegal.

      Will they do that again? Perhaps, but web browsing and internet music downloads are two different beasts. You are downloading music to some sort of portable device and/or a computer. It's the portable device that is dictating what one uses to download music, and the iPod/iTunes combo is the clear leader so far.

      It's like Microsoft and Sony with the Xbox vs. PS/2. They can throw a lot of money to make it in a market, but music is a different thing for Microsoft. They can't be mediocre and do it all with software. If it was that simple, they would be ahead now. It's about the portable device, and the design of the device. Not that WMA vs. AAC. iPod vs. ???

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    12. Re:There is nothing for Microsoft by Admiral+Ackbar+8 · · Score: 1

      Thank you for making my point. Cellphones = windows mobile 5.0

      Think long term here. Microsoft wants to be on every desk and in every pocket, they have always pushed for simple data integration (not necesarrily done it right) and networking between computers (think things like remote desktop being integrated in Windows XP). When your cellphone gets fast enough you will get access to all you home data from everywhere, including music; and if you use M$ music service it will be that much simpler (think: integrated into the operating system).

    13. Re:There is nothing for Microsoft by ericdano · · Score: 1
      Not all cellphones have Windows Mobile 5.0. Idiot.

      "you use M$ music service it will be that much simpler (think: integrated into the operating system)" great. Does it include viruses? Spyware? Going to blue screen on me?

      You need to cut back on the doses of Microsoft Kool-Aid.

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    14. Re:There is nothing for Microsoft by Admiral+Ackbar+8 · · Score: 1

      Your maturity level bogels the mind.

      My cellphone doesn't have Windows Mobile; so the fact that "not all cellphones have Windows Mobile 5.0" was already known to me.

      Actually I am talking about what M$ plans to do and I was disagreeing with you that M$ is not an important player. Even if you don't think being on 95% of all computers is important, they are moving into the cell arena; which, as you say, is important.

      So, you need to cut back on the doses of Fly-Off-The-Handle-And-Start-Insulting-People Kool-Aid.

      btw... I am not a M$ proponent, I was just disagreeing with you about their importance

  29. Subvert them. by korbin_dallas · · Score: 1

    With the huge amount of $$$ M$ has I am very curious why they don't try their old standby...
    subvert the market out from under the music labels.

    M$ could support 100 times the number of indie artists, publish all their music ala mp3.com and CREATE a new music market.

    The kewl part,
    ROYALTIES to MS = $$$
    ROYALTIES to RIAA = $0

    Reminds me of when Cartman had Jennifer Lopez as his pal (and enemy)...

    --
    They Live, We Sleep
    1. Re:Subvert them. by Major+Blud · · Score: 0

      Seems to me like M$ could give them a taste of their own medicine....make the record labels pay insane amounts of money for M$ software (say, $25,000 for a copy of Office). And knowing the RIAA, they won't switch to open source because it goes against everything they are fighting for..."You mean, have us use software that can be FREELY distributed! Nonsense!"

    2. Re:Subvert them. by 91degrees · · Score: 1

      It's not, and never has been a choice between Microsoft and Open Source. Especially for music.

      The entire record industry could switch to Apple, and find that most of the software they need already exists.

  30. Shocked by solesoul · · Score: 1

    looks like Microsoft is going with Operation: Shock and Awe on the recording industry. I mean, the big M saying that a price is too high is wild.

    Question: does anyone else find it funny that one of the most proprietary companies anywhere is complaining about a price at all?

  31. I don't know who to root for! by flutkatastrophe · · Score: 4, Funny

    This has to be the most ironic position either side could possibly be in.

    Microsoft - convicted monopolist, one of the richest companys in the world, complaining about being ripped of by
    The music industry - convicted price fixers, convicted conspirators, defacto ologopoly.

    1. Re:I don't know who to root for! by node+3 · · Score: 1

      Are you kidding? I have no problem choosing who to root for in this...

      Apple. :-)

  32. This is an outrage. by DysenteryInTheRanks · · Score: 5, Insightful

    What's the difference between a record company and Microsoft? I'll tell you: One is a monopolistic leviathan, saddled with an outdated business model and unfairly, perhaps illegally, leveraging a chokehold on one market to try and take over another, desperately afraid of emerging free alternatives and assailed by customers for ridiculously high prices and shoddy quality. The other ... hmmmm, let's try this again. What's the difference between a record company and Microsoft? I'll tell you: One will be entirely bankrupt in 10 years, while the other will at least limp along selling a Flight Simulator. Payback's a beeyotch, INNNIT??!!

  33. Deep pockets! by Lucractius · · Score: 1

    wow, even Microsoft dont have pocket deep enough to keep these ravenous hordes at bay. a company that was happy taking 100 million a year loss for a few years kick starting the xbox doesnt have the $ to get into online music retail.

    something is ****ed up there.

    Surely these RIAA people will either start going broke, or theyll start chaging, or more likely the later as a consequence of the former.

    Mabey someone needs to push Indy groups and emerging artits into an online freindly distribution scheme to get some success out there so others follow on their own.

    --
    XML - A clever joke would be here if /. didn't mangle tag brackets.
    1. Re:Deep pockets! by Krater76 · · Score: 1

      ...a company that was happy taking 100 million a year loss for a few years kick starting the xbox doesnt have the $ to get into online music retail.

      I think the problem is that with their console business the accountants see the ledgers moving from red to black, even if it takes a while. Eventually it's worth the payoff.

      It doesn't seem like with the royalty model the industry is asking for they would get into the black for a long time - if at all. Seems reasonable to not even bother at that point.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
  34. Quelle Surprise! by Bullfish · · Score: 1

    The labels are greedy bastards. How? What? When did this happen?

    Geez.

    As for how long they can go on like this, it took a hail of bullets to stop Bonnie and Clyde.

  35. I can't wait... by Powertrip · · Score: 1

    I can't wait until Microsoft unveils its music-download service for 'ermerging markets' -- you know ala 'windows xp starter' style. For only 1/10th of the regular price, they'll sell you 9/10ths of the song.... more than enough for those guys :) Won't the Music industry execs love this one!

  36. The RIAA catches on by overshoot · · Score: 2, Insightful
    How much more can the music labels demand when even Microsoft won't go to market?

    They're starting to catch on. I suspect that they demanded a share of MSWindows revenue (same as iPod with Apple). Which, IMHO, was the only thing they could do.

    Remember, the RIAA is basically just a bunch of distributors. Apple and now Microsoft are taking that role away; with them holding the DRM key to the store the RIAA has little choice but to do business with (and through) them.

    Just like the artists have little choice but to do business with (and through) the RIAA. Indentured servitude. "Work for hire." In other words, the Man owns you, suckah, and unless you give good head you're not singing anywhere for the rest of your life.

    Karma is such a bitch -- especially on the "comes around" part.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:The RIAA catches on by Red+Flayer · · Score: 1

      "Remember, the RIAA is basically just a bunch of distributors. Apple and now Microsoft are taking that role away; with them holding the DRM key to the store the RIAA has little choice but to do business with (and through) them."

      Unless, of course, the RIAA massively supports Linux distros and development... shudder... scary thought.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  37. and this means... by sedyn · · Score: 3, Insightful

    somewhere steve jobs is smiling. You would think that due to recent developments that the music industry would love to emanate a "play by our rules or we'll go somewhere else" image.

    Well, that is unless microsoft took advantage of that situation and dictated terrible terms, with the message that like it or not, a new distributor is in town.

    That's the problem with admitting you are currently in a bad deal while negotiating for another. They come across, on some levels as appearing desperate.

    What would it do to iPod sales if microsoft became the leader in music distribution software? Considering the iPod is a cash cow for apple, and microsoft would have to support the iPod to enter the market, would the two of them have to play nice? (I recall reading a theory that apple was hoping to break even on the iTunes music store, if so, then what would the fallout for an MS/music industry from apple's perspective?)

    --
    Am I open minded towards open source, or closed minded towards closed source?
    1. Re:and this means... by Fulcrum+of+Evil · · Score: 1

      (I recall reading a theory that apple was hoping to break even on the iTunes music store, if so, then what would the fallout for an MS/music industry from apple's perspective?

      I predict nil. Most iPods are probably loaded with ripped CDs (or downloaded mp3s, I suppose), so unless MS started selling a truly enormous amount of music, I can't see it impacting iPod sales.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:and this means... by R3d+M3rcury · · Score: 1

      "What would it do to iPod sales if microsoft became the leader in music distribution software?"

      Very little. Apple would open up the iPod, which would now play WMA and Real. From a technical standpoint, you would buy it because it plays the most music formats (FairPlay, protected WMA, protected Real, AAC, MP3, Apple Lossless, etc). iPods would still be sexy and people would feel more comfortable buying them because they could buy their music from anywhere.

  38. Be careful who you cheer for by overshoot · · Score: 2, Insightful
    Microsoft isn't stupid. They expect to own the entire music-distribution business before it's all over, and when that happens you'll think fondly of the old Content Cartel.

    The basic questions have all been answered, now they're just arguing over price.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  39. My bullshit detector is going off by Anonymous Coward · · Score: 0

    A little bug in my ear is telling me that Microsoft decided that the online music business isn't worth it and that this is their way of backing out of it without looking like they've failed. Blaming it on the record labels, even though there probably is some justification in it. Just a suspicion.

  40. apropos to absolutely nothing... by Thud457 · · Score: 1

    Yeah. If they stole something, then the rightful owner wouldn't have it. They were copying it, Lotus still had their product to do with as they pleased!

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  41. Dvorak correct? by BKuhl · · Score: 4, Interesting

    With developments like these I am begining to think that Dvorak may be on to something in his latest PCMag.com article.

    http://pcmag.com/article2/0,1895,1862166,00.asp

    It certainly seems that the record companies are deliberately trying to sink online music sales...

  42. The Music Industry wants these services to fail! by Anita+Coney · · Score: 5, Insightful

    There are three good reasons why the music industry wants third party online services to fail.

    First, imagine if a service such as iTunes became very successful. For example, 50% or more of all music sold was sold via iTunes. Now imagine you're a successful musician and it's time to resign to a label. Do you sign or do you get a marketer and simply sell your tunes on iTunes and keep the vast majority of the profits for yourself? If any third party online service succeeded, the current music industry would be toast.

    Second, the music industry has historically cooked the books, i.e., over reported sales of some artists to hype them or under-reported sales of successful artists to screw them out of royalties. With a third party keeping precise track of every song being sold the music industry loses control. Suddenly they can't "fix" the charts and artists are demanding their fair share. They don't want that.

    The third reason is that they want ALL profits for themselves. Why should Apple or Microsoft get some of the profits when the music industry can get it all? Let's face it, they are a monopoly. E.g., you can only legally buy a System of a Down CD from Sony, and no one else.

    This refusal to negotiation fair rates with third parties certainly shows that the music industry is doing pretty well. If they were as bad off as they claim they would more willing to open new markets and new models.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  43. Quite understandable by Thijs+van+As · · Score: 2, Interesting

    The amounts the labels are asking is quite understandable I think.
    Selling music online is very 'hot' these days. Lots of self-respecting online mega-corporations are setting up online stores.
    Labels notice this (duh) and adapt their price to the market. They know Apple's a big rival of Microsoft, and that MS wants to have the market share Apple has in this piece of the market. And, not the least important, Microsoft has ability to pay the labels such amounts. If only to push Apple out of the market.
    Fortunately they (MS) didn't...

  44. Re:Standard Microsoft Business Practice by Anonymous Coward · · Score: 0

    Microsoft could cut the music industry out completely, deal directly with the artists and set up it's own distribution network. If it weren't for the DRM and format lock-in that would be a good thing, unfortunately this is Microsoft we are talking about :-(

  45. Yahoo! Reporting?? by .Chndru · · Score: 0

    Which part of the "NEW YORK (Reuters)" didn't you get?

  46. The real question by Queer+Boy · · Score: 4, Interesting

    The real question is when Apple or Microsoft will start/buy their own music label. Sounds easier to me than trying to negotiate with any cartel...

    --
    Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
    1. Re:The real question by Chris+Oz · · Score: 2, Interesting

      It is unlikely to happen that way. Imagine what the other labels would do if Apple gets into bed with a Label. The labels are not dumb. If this happend they would simple pull all their music from the Apple's store as soon as their contracts allowed it.

      Personally what I suspect all Apple is going to do is make it very easy for bands to setup their own labels, particularly if they want to deal with ITMS. Hence Apple can say we are just a store, it the bands breaking away and it is nothing to do with us.

      Personally I see this as more of a problem for the labels than if Apple was to become a label. Who does the label fight, the bands? If Apple goes away they still have all these bands that have wised up and realise that they can do it themselves. The labels could try and force all of the online music sites to not deal with smaller labels. However once this got out that would be the end of the labels for sure. Just imagine the law suits, the PR and the political attention.

      Just my 2 cents. We will have to wait and see how it all pans out.

    2. Re:The real question by Anonymous Coward · · Score: 0

      Apple can't buy a label, Apple Music would sue their pants off (again).

    3. Re:The real question by meringuoid · · Score: 1
      The real question is when Apple or Microsoft will start/buy their own music label. Sounds easier to me than trying to negotiate with any cartel...

      There are legal obstacles. Apple (computer company) have an agreement with Apple (Beatles' record company) that they won't go into the music business; they had legal quarrels a while back over the whole trademark thing. Microsoft might get into trouble if they try to use their OS monopoly to push their music business - which of course they certainly would.

      I notice, incidentally, that all Apple's music business is iThis, iThat, but not so much of the Apple name itself. Possibly they could start a subsidiary company called iMusic, which would never actually use the name Apple but which would be owned by Apple Computer and tie in to the iPod / iTunes system. Would that get around their difficulties with the Beatles?

      --
      Real Daleks don't climb stairs - they level the building.
  47. Indeed they'll push, until... by marcus · · Score: 1

    ...an unsigned group makes a smash hit and a few million bucks on tour after releasing their stuff online. No promo required except word of mouth, blog, etc. It will happen.

    Then no one will sign up with the record corps anymore.

    When will the first i-only true hit song or album happen?

    FM will die unless the music biz is *really* transformed to a point where bands license to corps that license groups of tunes to radio stations. Otherwise, FM stations will never get to play any new tunes anymore. This is no biggie since everyone will have their x-pod plugged into their ears anyway...

    --
    Good judgement comes from experience, and experience comes from bad judgement.
    - W. Wriston, former Citibank CEO
  48. Why? by scottsk · · Score: 0, Redundant

    Why would MS want to even get into this market? They're the peddlers selling shovels to the 49ers who think they'll get rich in the online music market - supplying them with DRM. Just about every music seller is just using MS's platform. (I don't even know what differentiates them.) Online music will either work and make MS a ton of licensing revenue, or it'll go belly up and MS will have a mature, proven DRM solution to sell someone else.

  49. The Means of Distribution by joelsanda · · Score: 1

    If any third party online service succeeded, the current music industry would be toast.

    I think this is the crux of the issue. The labels currently own the product and the means of distribution. Anyone who has taken macro economics 101 knows enough to see that losing control of the means of distribution is probably a larger threat to music labels than losing ownership of the product - which they sort of have, in their struggle to keep from copying and distributing on their own (which brings us back to the means of distribution).

    They are losing control in much the same way Kodak lost control of the photograph market and the same way Microsoft is now losing control. Control becomes more important than product quality because as control increases quality and innovation can decrease.

    --
    The Luddites were ahead of their time.
    1. Re:The Means of Distribution by Anonymous Coward · · Score: 1, Interesting

      Dude, *micro*economics is about price theory, with the price and demand curves, elasticity, substitutability, and the like. More generally, it's concerned with single factors and single decisions.

      *Macro*economics is about international balances of trade, interest rate policies, currency exchange rates, national productivity, and the like. Large scale, many factors, multiple decisions.

      Your comment is much more about microeconomics in that you are weighing "the crux of the issue" (one factor), with the hypothesis being that collectively dominating traditional retail distribution of music gives the labels individually a degree of pricing power. This implies either collusion, or demand that is highly artist-specific (artists being more or less randomly spread among the main labels) or insensitive to price, or both.

  50. Interesting... by superdan2k · · Score: 1

    I didn't realize that monopolies could be so incestual. What we have here is a clear example of one trying to fuck another one.

    --
    blog |
  51. Hey! by Anonymous Coward · · Score: 0

    Leave off Microsoft!

    They might be a consumer-raping coorporate giant like you, but they're OUR consumer-raping coorporate giant!

    -RadioElectric

  52. Expensive compared to iTMS by metoc · · Score: 2, Insightful

    If M$ operated it as a loss leader they would probably still pass on the royalties of $6-8 a month or $72-96 per year for what would certainly would be a service overencumbered with DRM. And probably like Yahoos service you can't listen to the songs if you subscription expires.

    Compare that with iTMS where it would be the equivalent of buying 72-96 songs per year, with a indefinite period of use, and the right to burn it to CD.

    As far as proprietary systems (iTunes or WMA) is concerned it is a tie. No advantage unless you're an iPod fan. iPod market share tells that story.

    Makes me wonder if M$ is going to reconsider embedding DRM technology in Vista or Windows Mobile.

  53. keep pushing? by sparr0w · · Score: 1
    ...one must wonder how long the music industry can keep pushing.


    As long as they have the Internet as a scape-goat.

  54. Dude, I lub you! (was: Re:This is an outrage.) by RatBastard · · Score: 1

    This is the funniest thing I've read all day. Thanks!

    --
    Boobies never hurt anyone. - Sherry Glaser.
  55. That explains the name... by argent · · Score: 1

    Everyone's been getting it wrong.

    It's not Windows Vista, it's Windows ViSter.

  56. microsoft the music label by MoFoQ · · Score: 1

    sooner or later, we might even see Microsoft getting into the music biz by starting their own recording label...of course, CD's from them will be buggy.

    Heck, they are even getting into the movie biz with the upcoming Halo movie.

    1. Re:microsoft the music label by keraneuology · · Score: 1
      we might even see Microsoft getting into the music biz by starting their own recording label...of course, CD's from them will be buggy.

      Microsoft is going to release Weird Al's Amish Paradise?

      --
      If the g'vt kept the data on you that google does you'd better believe you'd be calling it "doing evil"
    2. Re:microsoft the music label by MoFoQ · · Score: 1

      What about other Weird Al hits like "Eat it," "Rocky Road," "Smells like Nirvana," etc.?

    3. Re:microsoft the music label by Anonymous Coward · · Score: 0

      buggy... Amish Paradise....

  57. The thing you buy once by soupdevil · · Score: 1

    is the song. I can't tell you how many different audio devices and computers I've used to play the songs that I only bought once.

  58. monopolies hate each other by theCat · · Score: 1

    I'll just hazard a guess... the recording industry doesn't want MS anywhere near their turf. Not as a client, not as a distributor, not as anything. They would make the barrier to entry to freaking steep that *if* MS took the bait the company would be so financially burdened it could not monpolize them and the PC desktop both.

    --
    =^..^= all your rodent are belong to us
  59. Apple the Record Company by DavidBartlett · · Score: 2, Interesting

    If the record companies abandon apple, then apple will be left with a pre-existing user base of music fans, and all the infrastructure it needs to become a major record company itself. It will sign on new bands by promising them 50% of all revenue, and be able to lower the song price to $.50. Apple will make $.20 more per download, as will the artists. The lower cost of distribution and advertizing will enable them to sign more diverse, local bands then would be profitable the way the record companies do business. The fans would get a better selection, for half the price. Incentives could be given to big name bands to switch to apple, and suddenly you have a music industry without greedy, anacronistic record companies.

    --

    -DB-
    E-mail is like a prison: a prison with no walls... and no toilet. -Strong Bad
    1. Re:Apple the Record Company by NullProg · · Score: 1

      To Late. The complete Apple Records...
      http://www.schomakers.com/

      They have been sued twice by these guys already.

      Enjoy,

      --
      It's just the normal noises in here.
    2. Re:Apple the Record Company by AceCaseOR · · Score: 1

      Perhaps they might be able to come to some sort of arrangment in which Apple doesn't use the "Apple" name on the label. "iMusic" maybe, or "iRecords"?

      --
      Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
    3. Re:Apple the Record Company by Anonymous Coward · · Score: 0

      Or even better, they could call it iTunes (!)

  60. Now we see why by geekoid · · Score: 1

    The music industry went after Jobs. Right now Microsoft can say "We won't pay more then Apple."

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  61. Re:The Music Industry wants these services to fail by no_opinion · · Score: 1

    How your post got rated 5 informative is beyond me. Every point you make is wrong. The music companies want on-line services to work because CD sales are declining and they need a replacement. Artists will sign with whoever gives them the most money. Go to Apple and see how much of an upfront payment you'll get. Download sales are already taking off and unless you've been asleep you can't miss the fact that more deals are being done every week. If they didn't want these services to survive why are they doing the deals? If they want all the profit themselves, why aren't they selling direct?

  62. Ughh! by MatD · · Score: 1

    MS and RIAA battling it out. I don't know who I should be hurling the vile invective against. Too...much...for..my...slashdot...brain. *pop*

    --
    Since when did operating systems become a religion?
  63. Correction by lewp · · Score: 1
    one must wonder how long the music industry can keep pushing.

    Not really. I just steal whatever music I want. The RIAA and friends don't cross my mind much.

    --
    Game... blouses.
  64. The real question is... by M3number3 · · Score: 1

    How long before content distribution companies such as Microsoft or Apple become the next "record companies". Imagine the shakeup that Apple or MS signing bands and musicians to their own labels might cause among the traditional behemoths. Imagine the "buzz" that emerging talent could create by jumping on board this new paradigm.

    I think it is only a matter of time before Apple (or MS) Records is a reality...

  65. Re:The Music Industry wants these services to fail by masonsas · · Score: 2, Insightful
    First, imagine if a service such as iTunes became very successful. For example, 50% or more of all music sold was sold via iTunes. Now imagine you're a successful musician and it's time to resign to a label. Do you sign or do you get a marketer and simply sell your tunes on iTunes and keep the vast majority of the profits for yourself?

    It's not quite that simple, but I do expect it will happen eventually and the results will be interesting. The thing is that the music industry as it exists now is to some extent predicated on having a number of extremely high-profile artists; these artists get the benefit of the massive promotional push that the labels put behind them. The other artists toil beneath the spotlight until their time comes or the labels drop them. (Obviously indie artists are part of a different industry)

    What's interesting is to imagine the online stores leading artists to leave the labels. If that happens, the results will be catastrophic for:

    • Music magazines: no more sky-high ad prices paid by major labels
    • MTV: no more $100k videos gracing their airwaves
    • Record stores: no more high-priced endcap displays and, eventually, no more stores (some indies will likely survive, but Tower and Virgin?)
    Because artists who are self-distributing and self-promoting obviously won't be paying for those things.

    In reality, I expect the labels will adapt and perhaps fall back to the strategy of yesteryear, promoting singles and not albums. It's the distribution chain that will collapse, obviously -- Warner Music Group, for example, not only distributes their major product themselves, but also operates the ironically-named Alternative Distribution Alliance (ADA), which distributes pseudo-indie labels like 4AD, Matador, and Epitaph. They make plenty of money from that, I'm sure, and would like to keep doing so...

  66. Easy. by geekoid · · Score: 1

    Cue Media talking head:
    In todays News, Microsoft announce that it has decided to stop putting DRM into it's product. When asked, and executive at microft said "We decided that it is not are place to force controls on to the consumer because the recording industry doesn't trust there customers."

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  67. Again the music industry ignores a clear axiom by orionware · · Score: 0
    Here's something they just don't get.

    • I will buy a song off of a newly released album for a .50 cents. Hell, I will buy many.
    • I will buy a song off of an old album for a .25 cents. I'd buy TONS!
    • I will buy a new album for $3.00 delivered electronically.
    • I will buy an older album for $2.00 delivered electronically.


    However, I will be ZERO tracks for .99 and ZERO albums for 9.95+

    Am I unique? They've lost out millions because they just don't understand the price point yet.
    --


    Karma means nothing to me, so suck it...
  68. Facts on the profitability of online sales. by goombah99 · · Score: 2, Informative


    AP reports online digital music sales have tripled in the last year, accounting for over 6% of sales. But there's more than meets the eye here. Profit margins on on-line digital sales are rumored to be much higher so that is much more than 6% of profits. Not only did this more than offset the decline in physical unit sales but, more importantly physical unit sales have also declined in price as well as volume, further increasing the advantages of on-line digital sales (6% gross price decline, 3% volume decline). Note that a 6% gross price decilne means an even larger profit margin decline assuming manufacturing, distribution and marketing costs are not decliniing.

    The article further points out that there are 500 million iTunes songs sold and 22 million ipods sold. Averaging this gives one only 23 itunes sold per iPod: thus one can hardly say that iTunes sales are the motivating factor for iPod sales but one could neccessarily say the reverse. People are clearly filling those Ipods with their purchased CDs, borrowed and pirated music. The record industry rants about selling music too cheap and iPods leveraging their IP for sales would seem dubious.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Facts on the profitability of online sales. by Anonymous Coward · · Score: 0

      WTF?

      How can you request to mod yourself up when you just cut and pasted some AP wire story?

    2. Re:Facts on the profitability of online sales. by Anonymous Coward · · Score: 0

      Why not? it's an entire slashdot dicsusion devoid about who is being greedy (MS or the LAbels). Without some numberical data this is going to be an "I hate the RIAA" fudge fest. With the data this discussion has a chance of being informative. The content of my post analyzed the numbers in the AP story. So who appointed you hallway monitor today?

    3. Re:Facts on the profitability of online sales. by Paradise+Pete · · Score: 1
      How can you request to mod yourself up

      I think he forgot to check the Post Anonymously box.

    4. Re:Facts on the profitability of online sales. by Anonymous Coward · · Score: 0

      ..or forgot to log in as someone else Shamefully poor whoring technique and an embarrassment to karma whores across the internet.

    5. Re:Facts on the profitability of online sales. by Anonymous Coward · · Score: 0
      it's an entire slashdot dicsusion devoid about who is being greedy

      Devoid? Maybe you should go cut and paste a dictionary entry instead of an AP story.

    6. Re:Facts on the profitability of online sales. by najay · · Score: 1

      roland, is that you?

    7. Re:Facts on the profitability of online sales. by magores · · Score: 1

      Devoid?

      Actually, it's "DevoID". It's the number assigned to you when you join the fan club.

    8. Re:Facts on the profitability of online sales. by Anonymous Coward · · Score: 0
      Actually, it's "DevoID". It's the number assigned to you when you join the fan club.

      Yeah. I think they're all the way up to about 3 now.

    9. Re:Facts on the profitability of online sales. by Paradise+Pete · · Score: 1
      ..or forgot to log in as someone else

      Wow. Nice detective work.

    10. Re:Facts on the profitability of online sales. by Anonymous Coward · · Score: 0

      yep it's me

    11. Re:Facts on the profitability of online sales. by mgv · · Score: 1

      How can you request to mod yourself up

      I think he forgot to check the Post Anonymously box.


      This took my interest, so I had a look at goombah99's recent post history:

      One reply had a similar post from slashnot007 which suggested, much like goombah99 did to his own post, to moderate up the parent, so I followed slashnot's posting history

      It would appear that Slashnot007 has on occasions posted to suggest modding up the parent post from goombah99

      Here we also see Slashnot promoting a post form Goombah99.

      Here Slashnot007 complains about moderator abuse when a post from goombah99 was modded down

      I think that what happened with this post is that goombah99 made a post, then forgot to log out and back as slashnot007 before posting a reply to mod the parent up; this is a more effective technique than making an anonymous reply to your own post to get the parent modded up.

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
    12. Re:Facts on the profitability of online sales. by Paradise+Pete · · Score: 1

      Yes, I think you're right. Well now that he's been "outed," I wonder if we'll see him again, at least using that account.

  69. True enough by LunaticTippy · · Score: 1
    I guess I'm just not used to a situation where they can't buy the "problem" outright or spend a few billion developing an oddly similar solution.

    I like seeing MS not get what they want, but I feel lots better when it is Google, HP, or Sun.
    If Big Oil or Pharma were dishing it out I'd feel similarly conflicted.

    Now I'm rooting for a 4-way deathmatch between **IA, MS, Big Oil, and Big Pharma.

    I know! Software for DRM on genetically-engineered nanobots vat-raised to extract crude oil!

    --
    Man, you really need that seminar!
  70. Good by NullProg · · Score: 1

    maybe now Microsoft will stop pushing this stupid Marketing ploy..

    http://www.microsoft.com/windows/windowsmedia/play sforsure/default.aspx

    Plays fer sure my ass.

    Enjoy,

    --
    It's just the normal noises in here.
  71. Stuck by game+kid · · Score: 1

    Talk about getting stuck between Office, rock'n'roll and a Hurd place.

    --
    You can hold down the "B" button for continuous firing.
  72. iTunes by Anonymous Coward · · Score: 0

    If something ever happend where labels pulled out of iTunes, and for some reason or another couldn't get them back, I would imagine that, just to keep up iPod market share/sales, Apple would license Windows Media DRM for the iPod and allow third party services to utilize their player. Since they don't make much on iTunes purchases anyway, and they would still want a cash cow and WMA on the iPod would be a guarantee. They themselves could partner with a vendor, like MusicNet and bypass the RIAA. I was looking forward to the MSN Music subscription service, in time for the holidays and the release of DRM 10 for the Nomad Zen Xtra. No matter what, when the round table comes together for the contracts next year, I will suprised as to what happends. It won't just affect iTunes, but every other music service whether it be Yahoo Music Unlimited/MusicMatch, Wal-Mart, Napster, Virgin Digital, MusicNow, Real Digital Downloads and Rhapsody, F.Y.E., BuyMusic.com, just to name a few. I disklike Apple right now because they won't license FairPlay. However, I believe in one thing. Nobody at any label deserves 1 G-D A M N cent from iPod sales. Those are Apples, and Apple's alone. Same with the Nomad for Creative, same with iRiver. Nobody in the Recording Industry of America deserves 1 cent from any portable device manufactured with secure music in mind.

  73. How long will it be b4 MS & Apple collaborate. by adsl · · Score: 1

    ...to create their won r3ecod labels and sign up artists away from the RIAA "Rico" merchants?

  74. Greedy by Anonymous Coward · · Score: 0

    Some big companies are just getting too greedy. First they wanna raise the price per song on iTune music, then they want revenue for something that they neither designed nor invested in (iPod), and now they are too greedy that even Micro$oft cannot afford?

    Desire of trying to maximize profit is generally understandable, but if they are getting too greedy and making everyone unhappy, that won't be too good to them either.

  75. Re:MOD UP INFORMATIVE by Anonymous Coward · · Score: 0

    Goombah indeed.

  76. Re:The Music Industry wants these services to fail by 91degrees · · Score: 2, Insightful

    The music companies want on-line services to work because CD sales are declining and they need a replacement.

    No. they want CD sales to stop declining.

    Artists will sign with whoever gives them the most money. Go to Apple and see how much of an upfront payment you'll get.

    Perhaps Apple will spot aniche in the market and cut out the middle man if online music sales become the most popular means of buying music.

    Download sales are already taking off and unless you've been asleep you can't miss the fact that more deals are being done every week. If they didn't want these services to survive why are they doing the deals?

    Because they feel trapped. They realise their customers want downloaded music. If they don't sell it to them, their potential customers will simply download it anyway. They choose the best deal for themselves.

    If they want all the profit themselves, why aren't they selling direct?

    Are you suggesting they don't want all the profit for themselves? The problem is, they simply don't have the brand strength to do this. iTunes succeeds because it offers music from everyone. iTunes has market recongnition. Most people don't know who the publisher of their CDs are. Nor do they care. They're certainly not going to go to several different music download sites. And they've never sold direct. The industry isn't set up to do this. They've always sold through record stores.

  77. Re:The Music Industry wants these services to fail by 91degrees · · Score: 1

    # Music magazines: no more sky-high ad prices paid by major labels
    # MTV: no more $100k videos gracing their airwaves


    No... I think these would remain. Perhaps artists will start self-promoting, but that will mean a lot of them will just hire a PR company to promote for them. If a company promotes a lot of artists, it won't be long before they start soliciting, and even manufacturing band to promote. Essentially we'll be back where we were before.

  78. Music vs Software by Acts+of+Attrition · · Score: 1
    The licensing is ridiculous, no?

    First you have to pay inflated prices just to use it, and you don't actually own anything.
    Then you have to rebuy the product every few years due to changes in formats (records->cds->mp3s)
    Very little of the profit goes to those who actually write it
    Then there's restrictions on how many copies you're allowed to make of the product.

    Darn, now I forgot whether I was talking about the RIAA or Microsoft. In conclusion, It's probably good they're not working together, they could learn waayyy too much from each other

  79. Yes exactly... by Anonymous Coward · · Score: 0

    The RIAA worked so hard to stop themselves from being owned by the pirates that they have gotten owned by the people they depended on to stop the pirates. Poetic, eh?

  80. Single source is not a monopoly by DECS · · Score: 2, Insightful

    Interesting comments, but you make the common mistake of confusing a single source with a monopoly.

    A product is not a market.
    A monopoly requires a market.

    Sony does not have a monopoly on "System of a Down" CDs.
    Apple does not have a monopoly on the Macintosh.
    Microsoft does not have a monopoly on Windows.
    BMW does not have a monopoly on BMWs.

    Microsoft did establish a monopoly in PC operating systems, since they eliminated competing products within a market (the desktop PC industry), and prevented the introduction of new competition. Microsoft does not have a monopoly in video game consoles.

    If Apple were to gain full control of online music sales, they'd have a monopoly; today there are still several competing products led by powerful interests.

    There's also a difference between having a temporary monopoly position (which is common in emerging markets) and acting as a monopolist to destroy competition and create a long term dominating position in a market. Apple is not exercising monopoly control to prevent competitors from doing business.

    If Apple began signing exclusive contracts with labels, or if they licensed iPod software to all hardware music player makers exclusive of other designs (excluding competition from WMP or Linux or Sony software, say), then yes, Apple would be a monopolist like Microsoft.

    If Microsoft made their own PC, and it was so much better than other PC makers that it cleaned up the market, they would no longer have a monopoly, since they would be selling a product (the WinPC) , not selling within a market (the PC industry). They would, like Apple's iPod, have a very successful product, not a monopoly of a market, since there would not be a PC market.

    There is simply no sense in declaring a "monopoly" when a company is the single source of a product. Monopoly means single control, so the word only makes sense in a context where there should be multiple parties sharing control, in a free market. There is no expectation of competition in the manufacture of Xbox, BMWs, iPods, or Rubic's Cubes.

    Being successful or having a popular product does not make you a monopolist. Rubic didn't establish a monopoly on the Rubic's Cube, or in hand held puzzle games, despite the fact that it was a hot seller and there wasn't really any effective competing thing with similar sales.

    Similarly, Google and Apple both offer popular services/products that don't have much effective competition. But competitors exist, and more effective marketers with better products could compete.

    A Monopoly is usually a bad thing in a market, because it distorts the market pressures to innovate and prevents effective competition. Monopolies are useful when competition would hurt consumers. For example in healthcare, transportation or cable TV utilities, competition might end up in service disruption, or providers only choosing to do business in areas that made them money. Governments allow monopolies (or sell the right to be granted a monopoly) in some markets to ensure someone will provide the service.

  81. I could care less if it's theft.... by Anonymous Coward · · Score: 0

    I'm really tired of all the blathering on about semantics every time there's an article involving the entertainment industry. Call it copyright infringement, theft, robbery....hell call it infanticide for all I care. But I will not give one penny to the media cartels that cannot accept the fact that their corrupt, artist-as-sharecropper business model is under full assault. I now only buy either used media or download outright. I was spending well over $3000 a year on movies and music but now for signed artists I will only spend money at a show or on merchandise that I can get directly from the artist. Then I know that a larger portion of my money is going to actually support the artist and not to the bloated layers of middlemen that comprise the media cartels' obsolete distribution model. I will continue to actively subvert their business in any way I can. I will download music I hate and give it away to friend's kids and younger siblings. I've handed MP3 CDs to complete strangers on the bus when I see they might like something I'm listening to. My goal is to make sure that sales are LOST.

    Oh yeah, Apple gets nothing from me either as they're just another blade in the RIAA meat grinder. I'll be happy with my Taiwanese iPod knockoff whose manufacturer doesn't need a "vertical market" that still supports the same artist-abusing business model.

  82. Impressively Evil by GaryPatterson · · Score: 1

    Suing children, suing disabled single mothers who claim the music was planted there, using fraud and extortion as standard business practices and wanting money for things they have nothing to do with.

    The RIAA are too evil even for Microsoft to stomach!

  83. Hey! Mr. Moron just showed up! by Anonymous Coward · · Score: 0

    I was just watching a show on the Discovery channel about a fisherman who fell overboard and the pointy end of the anchor went into his skull 6".

    You, my friend, are equal to the pointy end of the anchor. You cause a lot of pain, and the only use for you is throwing you in the ocean with a chain attached to your feet.

    You're welcome!

  84. You raise a good point... by Anonymous Coward · · Score: 0

    If Microsoft is so big and scary, why can't they write a decent multimedia application or help design a decent mp3 player?

    iPods and iTunes aren't perfect; there are so many subtle things they could do to improve on this model, but nobody seems interested in doing better, only good enough (which ironically, isn't good enough).

    Unless MS changes things dramatically, I can't see them ever being a player in the music business.

  85. this will fix itself soon by idlake · · Score: 1

    Microsoft will soon have the music and movie industry by the balls, given that those industries are busy committing to Microsoft-proprietary DRM and Microsoft-proprietary media formats. At that point, such negotiations will be over pretty quickly. If we're lucky, Microsoft, the RIAA, and the MPAA will all just annihilate each other.

  86. Even Microsoft? by derubergeek · · Score: 1
    How much more can the music labels demand when even Microsoft won't go to market?

    Even Microsoft? Even Microsoft? You've got to be kidding. Microsoft doesn't exactly have a history of being willing to pay for things. I'm sure if they could figure out a way of making shoddy covers of currently hot music, they would.

    --
    Trust me. This is an inactive account. Regardless of what the /. bean counters might report.
  87. Well said! by R3d+M3rcury · · Score: 1

    This is one of those times I wish I had mod points.

    I'd also add that having a monopoly is not inherently illegal, but using your monopoly in one market to achieve a monopoly in another is. This strikes me as an interesting point today considering the buzz currently running around the "video iPod" and Apple selling downloadable movies. If Apple made this part of the iTunes Music Store, it might lead to monopoly issues. On the other hand, if Apple were to add this to, say, iMovie (and the Windows users had to wait a bit for iMovie for Windows) there would be less of a problem.

  88. As the old saying goes... by Anonymous Coward · · Score: 0

    Hey Kettle! This is the Pot calling. Dude, you're BLACK!

  89. XBox by Anonymous Coward · · Score: 0

    If Microsoft can afford to lose a billion dollars creating XBox against Sony, maybe the recording industry might be in its sight too. After all, there's no hardware to invest in, and it's all about marketing. Music is as lucrative as video games, and distribution scales as well as software.

  90. They are not as greedy as you think by WindBourne · · Score: 2, Insightful

    The labels are not really being greedy. They are fighting for their survival. They have been in control of who hears what for the last 50 years. In order to remain, they have to be the ONLY place that they can go to, or even through. The internet is a disaster to them. Not so much because ppl are downloading music for free, but because it allows artists to do their own marketing, their own music, etc.. In addition, while the MS world charges top dollars for lousy recording programs, the OSS world is picking up a number of recording type programs from the MOvie industry. It is only a matter of time before making an album is also a no cost. At that point, Concerts are all that a label controls. And they may be losing that as well.

    IOW, labels are not being greedy. They are just trying to survive in a market where they are about to become worthless. Can you say BYE BYE sony music?

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:They are not as greedy as you think by dogfriend · · Score: 1
      The invention of the refridgerator was disasterous to the people who used to run ice houses and delivered ice to households.

      The labels are the "ice house" owners of our time.

    2. Re:They are not as greedy as you think by WindBourne · · Score: 1
      The invention of the refridgerator was disasterous to the people who used to run ice houses and delivered ice to households.
      The labels are the "ice house" owners of our time.

      Absolutely. The really scarey thing about this, is that members of congres are trying to protect them vs. us.

      Times have changed since Washington D.C. cared about average citizens.

      --
      I prefer the "u" in honour as it seems to be missing these days.
  91. The music industry is evil by od05 · · Score: 1

    and Microsoft is suddenly not so evil...

    1. Re:The music industry is evil by Anonymous Coward · · Score: 0

      I think we're splitting hairs here. It's hard to tell which one is the lesser of two evils.

      Music Industry to Microsoft, "Hello Pot, my name is Kettle!"

  92. Winners and loosers by DragonHawk · · Score: 2, Interesting

    "It's strange to see microsoft in a relatively powerless position. I'm not sure how to feel about this situation."

    There's an old saying: When elephants fight, it is the grass that gets trampled.

    I can assure you that regardless of whether MSFT wins or RIAA wins, consumers will loose.

    --

    dragonhawk@iname.microsoft.com
    I do not like Microsoft. Remove them from my email address.
  93. If the RIAA owned the golden goose... by scotty1024 · · Score: 1

    They would complain loudly that the goose must be ripping them off for the amount of food it took to produce each golden egg. They'd put the goose on a strict diet that would result in its inevitable death and explain to the goose that it was only fair since they'd taken the risk of continuing to feed it and you never knew when it would have dropped its last golden egg. And then when the death occurred they'd loudly proclaim that a developer of an evil P2P network had snuck in and poisoned the poor thing. They'd take the carcass and have it stuffed and mounted, then parade it around the country to demonstrate the evils of P2P file sharing. Eventually it would wind up decaying in a land fill somewhere after an employee of the limo company discarded it after finding it lying abandoned in the trunk of a rental limo.

  94. They lost me years ago: Right Said Fred by r00t · · Score: 1

    Remember that one?

    I'm a model. You know what I mean.
    I'm too sexy for my cat.
    I'm too sexy for my shirt.
    I'm too sexy for this song.

    Well, I thought it was cool back then. So sue me. (No! Don't!)

    The rest of the album wasn't mere filler. It was completely
    unrelated crap.

    It was bad enough that Mariah Carrie's "Emotions" was that
    one title song and a bunch of unrelated jazz, but at least
    I didn't mind the other stuff. It was OK. I kind of got to
    like it after a while.

    But then there is Right Said Fred. Right.

    That was the last bit of music I paid for. I got burned.

    Maybe I'd still be a customer if they hadn't misled me into
    buying a CD of 90% unrelated crap.

    1. Re:They lost me years ago: Right Said Fred by stevencbrown · · Score: 1

      you've got to be kidding - "Don't Talk, Just Kiss" of that album was superb....

  95. meanwhile, in the brick-and-morter world... by r00t · · Score: 2, Interesting

    Walmart is making noises about taking on the music industry. Walmart is... well...

    Walmart often tells suppliers exactly how to run their business. Walmart demands to see the finances. Walmart demands that an advertising budget be slashed so that the price can be slashed, and Walmart doesn't get "no" for an answer. Walmart drives most suppliers to the edge of bankruptcy, and a good number of suppliers go over the edge. Walmart tells a supplier how much will be produced and when it will show up. Walmart dictates information systems decisions for suppliers.

    If there's anything to make RIAA terrified, it's got to be Walmart.

    Picture it: "Dear RIAA, all CDs will be selling for $1.37, starting next week."

    RIAA can't refuse. Walmart sells about 1/5 of the retail goods in the USA.

    1. Re:meanwhile, in the brick-and-morter world... by HuguesT · · Score: 1

      Personnally I don't think your scenario is very realistic.

      In this situation the RIAA would simply refuse, pull out all CDs from all WallMarts and that would be it. People would simply go somewhere else to buy their CDs.

  96. Corporate America == Extortion by Anonymous Coward · · Score: 0

    Unfortunately, your hypothetical scenario is not legal.

    The price of YOUR "freedom" is now (25.00-3.99)*NUM_ALBUMS

    And it is only in the RIAA's interest to make YOUR FREEDOM EXPENSIVE TO YOU.

    That's the fundamental problem with Corporate America instituting things like DRM, etc. These companies "service" is not the "music" they provide but the "freedom" they allow by not throwing us in jail/civil court (for those passionate about music).

  97. If Apple were the Little Red Hen by scotty1024 · · Score: 1

    The Little Red Hen would have gone to the RIAA and said "Hey, I've got these cute little ovens that bake bread as people take them back home so they have steaming hot fresh from the oven bread when they get home! And the best part is I'm the only one that can load bread dough into them! If you'll license me your bread recipes I'll sell loaves for $$.99 each and you can have $.65 from each loaf and I'll turn a nickel profit on each loaf."

    The RIAA scratched and scratched and scratched their heads then just as the Little Red Hen despaired of them ever saying yes they did so and the Little Red Hen sold 100's of millions of loaves of bread and made the RIAA 100's of millions of dollars in pure profits with no advertising or production expenses for the additional loaves sold.

    But after only a year the RIAA came back to the Little Red Hen and they complained that $.99 per loaf was too low for a loaf of bread that arrived freshly baked at the consumers home/office. Why if the RIAA was in charge of setting the price they'd charge consumers double! The Little Red Hen simply stated that it thought it's prices were fair to consumers and went on selling ovens and bread re-fills.

    A few months later the RIAA came by to collect its latest check and casually asked if it wouldn't be possible for them to start making bread for the ovens themselves "That way we can make $.70 per loaf and you won't have to spend so much money to only make a nickel, you can spend all your money on your line of ovens! And just think, since we'd be selling the bread ourselves we'd be able to set any price we wanted, so we'd never discuss prices with you again!" The Little Red Hen wisely said nothing.

    After two years the RIAA got more vocal and started using it's media connections to release "interviews" in which it stated that the Little Red Hen just wasn't being realistic in it's pricing of the various bread recipes. One prominent member stated during one interview that "There are many recipes for bread, not all of them are of equal popularity with the American consumer, why a good rye sells much better than a pumpernickel! The Little Red Hen is going to have to get more flexible in it's pricing!"

    In the two years the Little Red Hen had also been industrious in updating the design and also increasing the models of ovens it had for sale. Since the Little Red Hen had refused to turn control of the bread over to them the RIAA was now heard saying things like "You know the Little Red Hen isn't very fair, it makes a good profit on those ovens it sells but even though its our bread recipes that allow the Little Red Hen to sell those ovens it never gives us even a nickel of the profits from them!!!"

    Then one day as the Little Red Hen handed over one more FAT check it finally had had enough and as the RIAA stood admiring its check the Little Red Hen stated: You know I've been reading some of y our statements in the paper lately. Did you all give me one dime to develop the ovens? DId you give me one dime to start up my shops to sell your bread recipes with my ovens? Did you spend one dime to market my stores and their products? And haven't you always been to me exactly as you are now at eactly the agreed upon time, never late, to get your check for $.65 out of each $.99 loaf? And haven't I handed over 100's of millions of dollars for you all essentially doing nothing except letting me use your bread recipes? And now I read you want another check for a percentage of my sales of ovens?

    I only have one question for you: didn't your parents ever read you tales about fictional barnyard animals to teach you lessons about team work and ethics when you were young?

    1. Re:If Apple were the Little Red Hen by Anonymous Coward · · Score: 0

      this is great! Somebody please mod this up!

    2. Re:If Apple were the Little Red Hen by Anonymous Coward · · Score: 0

      > I only have one question for you: didn't your parents ever read you tales about fictional barnyard animals to teach you lessons about team work and ethics when you were young?

      Music industry executives had no parents, they are basically ambulatory dung.

  98. My theory... by Anita+Coney · · Score: 1

    Microsoft did not drop negotiations with the music industry because the cost was too high. Microsoft has so far lost 4 billion dollars on the Xbox to compete with Sony. Four billion dollars down the drain merely because it doesn't want Sony winning our living rooms. Clearly Microsoft is willing to spend money in order to compete.

    So it's my guess that Microsoft dropped out because it realized that Apple doesn't stand a snowball's chance in hell remaining in the music industry. Thus, why spend money competing against Apple when it's only a matter of time before Apple is forced out.

    Does it really make sense to think that Microsoft would let Apple win the online music wars?! No friggin' way. Microsoft fights the most petty battles tooth and nail. It's just that Microsoft has figured out what Apple hasn't: The music industry does not want third party online services! See my prior post to see why.
    http://slashdot.org/comments.pl?sid=164255&cid=137 16227

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  99. MUSICIAN magazine circa 1995 by Anonymous Coward · · Score: 0

    on the cover, it read:

    IT'S THE END OF THE MUSIC
    BUSINESS AS WE KNOW IT.

    citing (then) novel technologies combined such as mp3 and tcp/ip

    I think I recall Pink Floyd was on tour, and all the die hards were subscribed to alt.music.pink-floyd looking for some Publius guy. (who eventually appeared on stage)

    nothing new under the sun, musicians know better
    they just have been trapped in the record business coalmines for 10 years.

  100. Help the RIAA side ! by Dogmeat83 · · Score: 1

    Judging by the comments, they are clearly losing the battle. You should support the losing side to even the balance, then near the end, when they're about to be mutually destroyed, we post a story with a largely exaggerated title and a couple of links: http://www.microsoft.com/ http://www.riaa.com/ and watch all our dreams come true (except for a date.. but considering those are both the biggest time-wasters in Slashdot, if they're gone we may get bored quickly and actually *gasp* leave our parents basements!)

  101. Actually you have it backwards! by aquarian · · Score: 1

    The main reason labels and the RIAA won't change their tune is that they *are not* in control -- distributors are. Traditional distributors still produce 94% of total sales, by making, stocking, shipping, and selling CDs. They're the Wal-Marts of music sales, literally and figuratively. Until digital/online distributors are generating enough sales to displace the traditional channels, the latter will be leading everyone around by the nose.

  102. Nearing the tipping point? by dunstan · · Score: 1

    OK, let's take a thought experiment a bit further: assume that the big record labels accept that their current business model will fail in time. They have two challenges right now: firstly to maximise the returns from the existing model while they can, using any means at their disposal (including, it would seem, barratry) to get money from anywhere; and secondly to safeguard their commercial future by creating a role in the new world in which they can make money.

    What is at stake here is the wholesale disintermediation of what used to be commercial music. There will continue to be very high profile commercial music: the sort which you buy in Tesco/Walmart/Carrefour. But there are now options for the next generation of potentially "commercial" musicians other than signing with a label on extortionate terms.

    Remember that the vast majority of artists who sign with labels never see any royalties: the offsetting of expenses by the label means that the sales threshold is too high. Instead they end up signing away the rights over their music for nothing, their titles are delisted by the label, and they are forced to remain unheard.

    As has been stated in this thread, the ability to distribute music independently from the labels has upped the ante: instead of thinking "I must sign with a label to be heard", artists can now think "If I sign with this label will I be more widely heard than if I distribute myself".

    --
    The last scintilla of doubt just rode out of town
    1. Re:Nearing the tipping point? by WindBourne · · Score: 1
      As has been stated in this thread, the ability to distribute music independently from the labels has upped the ante: instead of thinking "I must sign with a label to be heard", artists can now think "If I sign with this label will I be more widely heard than if I distribute myself".

      Is the overriding question how many ppl will hear my songs, or is it how much can I make from it? I am guessing that if somebody wishes to maximize their total income, they will not use a label except under very favorable terms.

      I am also guessing that if the labels control, that fewer ppl here the music. The labels will try to stop the music from being downloaded. As such, we can cut the number hearing it down to half or possibly even less.

      --
      I prefer the "u" in honour as it seems to be missing these days.
  103. Oh the irony -- when monopolies clash.. by cheros · · Score: 1

    Lovely, just lovely. May they sink together ;-)

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  104. Musicians-why work with record companies at all? by Scott7477 · · Score: 1

    You can record, edit, and press your music to CD's yourself, all with equipment that can be purchased at reasonable prices. You don't need a full studio(especially to record most pop music which uses a couple of chords and a singer who couldn't make their high school glee club) and you don't need a record company's marketing budget.

    --
    "Lack of technical competence coupled with the arrogance of power, as usual, leads to no good end."
  105. Re:Musicians-why work with record companies at all by A_Known_Coward · · Score: 1

    Pressing CDs isn't the issue, it's distribution. How will local musicians find the means to get Tower Records, Wal-Mart, Target, Best Buy, and all the other chains to carry their music? Not too mention other production costs like album artwork and CD jacket printing. That brings up costs considerably out of the range of struggling musicians.

    I agree with you on the fact that musicians can do all their own production from recording to the production of CDs, but that will only get them into local markets. They'll need a distributor at some point unless they plan on selling CDs out of their car trunk and at the door of their gigs for the rest of their careers.

  106. Slashnot by slashnot007 · · Score: 1

    Hi, slashnot007 here.
    Goombah99 is my housemate. I often read his posts and I second them calling for moderation of his intelligent comments. Did you find the one here not so?

    Since we share the same computer in the house I did not notice I was logged in as him when I posted the comment. Oops my bad. how embarassing.

    However you have now given me my life's mission. I'm going to hunt you down every time I have moderator points and make sure you are moderated correctly.

    love,
    slashnot007

    1. Re:Slashnot by mgv · · Score: 1

      My words were:

      I think that what happened with this post is that goombah99 made a post, then forgot to log out and back as slashnot007 before posting a reply to mod the parent up; this is a more effective technique than making an anonymous reply to your own post to get the parent modded up.

      You stated that:

      Since we share the same computer in the house I did not notice I was logged in as him when I posted the comment.

      I don't think that what I said was far off the mark. From the point of view of the someone here on slashdot, the two situations would appear the same. I accept that your explanation is an equally valid way that this could occur, and I certainly didn't think of it. I still think that my explanation is a reaonable one for what happened. Others will decide for themselves.

      You also said:
      Goombah99 is my housemate. I often read his posts and I second them calling for moderation of his intelligent comments. Did you find the one here not so?

      I have made no statement on the Gombah99's comment moderation. I don't have an opinion on it.

      You have now stated:
      However you have now given me my life's mission. I'm going to hunt you down every time I have moderator points and make sure you are moderated correctly.

      I think that establishes what sort of person you are more than anything else.

      In fact, I also note that you made a very similar comment to ParadisePete

      Look at my post again - have I said you are a bad person? That this is illegal? I have noted an association between two slashdot ID's where one person has repeatedly tried to alter the moderation of another.

      Personally I think that the only sad thing is that you have this relationship with goombah99 that is undeclered, and was only identified due to a log in error. I wasn't the only one who noticed, an AC post also noticed the same thing. Your response to the fact that this was noticed has been to promise to extract retaliation on me.

      Lots of people moderate me, up and down, an it really doesn't matter that much to me - its your choice how you spend your mod points. For what its worth I have no intention of hunting you down and moderating you down - I'm more interested in moderating good comments up.

      If I take a hit on my karma because I described an association between two slashdot ID's then I take a hit. What would you have done in my situation? Ignored it? Or would you have posted your finding? I think that you would have done what I did, but I'm interested in what you would do if you saw things as I saw them.

      Interested to hear your reply,

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
    2. Re:Slashnot by Paradise+Pete · · Score: 1
      From looking at the timestamps. Each time S'not has posted a "mod parent up" post it's come a few minutes after the Goo post. So even if somehow it is two people, Goo must be posting, then yelling out "Hey S'not, come see what I wrote! It's insightful as all get out! You should write that!"

      But I'm taking the don'ts.

    3. Re:Slashnot by mgv · · Score: 1

      From looking at the timestamps. Each time S'not has posted a "mod parent up" post it's come a few minutes after the Goo post. So even if somehow it is two people, Goo must be posting, then yelling out "Hey S'not, come see what I wrote! It's insightful as all get out! You should write that!"

      I'm more going on the response - the general response is more of someone who has been caught out than that of a bemused housemate. Its unusual that slashnot is not embarrased that he posted as someone else by mistake, but rather is angry that someone noticed an association.

      I still accept that it is possible that it might be a housemate, but to me it seems more likely that this is one person posting as two. I doubt that you can ever fully separate the two from our perspective. The evidence does point towards it only being one person at the moment.

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
  107. guess again, it's even simpler. by slashnot007 · · Score: 1

    Howdy pete, slashnot007 here.
    Goombah99 is my housemate. I often read his posts and I second them calling for moderation of his intelligent comments. Did you find the one here not so?

    Since we share the same computer in the house I did not notice I was logged in as him when I posted the comment. Oops my bad. how embarassing.

    However you have now given me my life's mission. I'm going to hunt you down every time I have moderator points and make sure you are moderated correctly.

    love,
    slashnot007

    1. Re:guess again, it's even simpler. by Paradise+Pete · · Score: 1
      guess again, it's even simpler.

      Only if by "simpler," you mean "way more complicated."

      OK, you were experimenting with the system and it got noticed. So big deal. Shrug your shoulders and move on.