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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."

40 of 366 comments (clear)

  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 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.

    2. 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...

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

      What?

      --
      "It's a tarp!" -- Dyslexic Admiral Ackbar
    4. 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.
  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 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.

    2. 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.

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

    They'll push until Microsoft owns them

  6. 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 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...
  7. 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.

  8. 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...

  9. 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 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.

  10. 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!
  11. 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 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
    2. 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?
    3. 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
    4. 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.
  12. 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
  13. 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 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.

  14. 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."
  15. 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!
  16. 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.

  17. 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.

  18. 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.

  19. 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??!!

  20. 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?
  21. 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.

  22. 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...

  23. 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.
  24. 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.
  25. 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.