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Napster's Learning Curve

Chabil Ha' writes "CNET News is reporting on Napter's learning curve. There are some interesting revelations about their dealings with the music industry." From the article: "We made one last effort to convince the labels that they should do a deal with us. A little-known underground product called Gnutella had just surfaced. It was a P2P file-sharing program that required no central server and no company to operate it. If the labels didn't do a deal with us, and instead put us out of business, then Gnutella and its derivatives would become unstoppable. If we worked together now we could convert the market to a paid-subscription model. If we didn't do a deal, chaos would ensue. The labels didn't believe us and didn't really understand what this Gnutella threat was."

185 comments

  1. A question for this topic by Anonymous Coward · · Score: 2, Funny

    How many justifications of piracy will be posted?

    1. Re:A question for this topic by PacketScan · · Score: 1

      To many to count. Sharing is one thing.. Out right piracy is another story all together.

    2. Re:A question for this topic by Spy+der+Mann · · Score: 1, Funny

      How many justifications of piracy will be posted?

      At least 5 :)

      (Disclaimer: I do not necessarily agree with the above manifesto, it's just an informational link, yadda yadda all rights reserved etc etc).

    3. Re:A question for this topic by Anonymous Coward · · Score: 0

      Justification to piracy?

      Sure. Now just how many more justifications will i have to bear from people who are still paying money for brands represented by the RIAA?

      The death penalty would be too lenient for these people.

    4. Re:A question for this topic by Anonymous Coward · · Score: 0

      42

    5. Re:A question for this topic by toddbu · · Score: 5, Interesting
      Agreed. But it's still human nature. In my soc class in college, they had an experiment where they'd arbitrarily break up a class into three groups: rich, middle class, and poor. According to these rules, the rich were virtually omnipotent and could make any rule they wanted. The poor had to suck it up. It was interesting to see that even in a room full of (in reality) middle to upper class kids how illegal behaviors quickly set in. In one class, the "poor" kids actually kidnapped a "rich" girl and held her down the hall for ransom.

      I'm not trying to justify anything here. It's just that you have to consider how people will react regardless of the law. Our jails are full of people convicted for the possession and use of illegal drugs. Does this mean that we're winning the war on drugs?

      --
      If you don't want crime to pay, let the government run it.
    6. Re:A question for this topic by hunterx11 · · Score: 2, Insightful
      Justification is pretty irrelevant to the record industries. However, they are facing an economic problem, and rather than being willing to set aside any outdated notions they have about the nature of their product, they would rather remain oblivious to it at their own expense. If you don't want people to do something, banning it is a pretty ineffective way to stop them compared to offering them an incentive to do otherwise. Even if the RIAA were to use far more Draconian measures than they do today in order to combat piracy, it would have only a marginal effect compared to a more rational attempt to corner the online music business. Yet observe that even today they regard something as successful as the iTunes Music Store with suspicion and contempt.

      Ironically enough, the problem here is that the RIAA is putting principles before profit. But their goal is not to maximize profit, but to minimize risk and perpetuate the status quo, even when such things are impossible.

      --
      English is easier said than done.
    7. Re:A question for this topic by lewp · · Score: 1

      I like using the word "piracy", makes me feel like a dashing swashbuckler. It's much more manly than "sharing".

      The free music and movies are nice, too.

      --
      Game... blouses.
    8. Re:A question for this topic by Baricom · · Score: 1

      This isn't entirely a justification, but if IP owners are worried about abuses of the system, they should set the example and deal with their own abuses first. I don't think 100 years, with extensions every 50, is what the founding fathers had in mind when they said "limited time."

      I happen to think copyright law is a good thing. I just don't think it should take longer than my lifetime for works created today to enter the public domain.

    9. Re:A question for this topic by macdaddy357 · · Score: 1

      Har ye bilgerat, Robbin' rapin' and killin' on the high seas is worth the risk because of the booty!

      --
      How ya like dat?
    10. Re:A question for this topic by Anonymous Coward · · Score: 0

      But does that story have a talking parrot, sword fights, and a captain with a wooden leg?

    11. Re:A question for this topic by Anonymous Coward · · Score: 0

      There's one.

    12. Re:A question for this topic by PacketScan · · Score: 1

      Exactly.. Look what happens when parents tell there kids not to try drugs.. They go out and do it anyway.. Mostly out of spite..

    13. Re:A question for this topic by bobcat7677 · · Score: 1

      Haha, reminds me of my economics class in school. The teacher created a "virtual community" where each student played a different role. We were assigned professions such as doctor, grocer, builder, ect. I was one of the "blood sucking lawyers" responsible for creating contracts between other students for business deals and the sort or arbitrating disputes. Ironically, I was the only one to get an A as every other student in the class got busted for cheating or otherwise engaging in illegal activity to accumulate wealth. I made the most *legitamate* money of anyone in the class (by buying and selling real eatate on the side). We used monopoly money and one kid went so far as to go buy a monopoly game and take all the money out of it to sneak into his "account" at school. Obviously he got busted quick when the teacher noticed his bank account has magically grown overnight. In real life it would have been like reporting on your 1040 you work at the local gas station but have billions in income and then paying your taxes with counterfiet cash. Not exactly intelligent.

    14. Re:A question for this topic by zakezuke · · Score: 1

      How many justifications of piracy will be posted?

      It's not a question of justifications of piracy, but rather legitimizing the net as a distribution medium, having it do for music what radio and television as done.

      Let's face it, there are always going to be traditionalists who will want to go in a store, flip through albums and buy something with the nice silk screened disc, cover and fly leaf artwork. We'll even have those who will collect those special editions, first pressings. But in the digital age we don't need a factory pressed disc to an exact copy. Hell, current inkjets do a mighty fine job doing covers not to speak of those disk printers from Epson or Canon. Estheticly not as good as a professional printing, and won't last as long, and costs a pretty penny, but a realistic alternative. I would "prefer" it if artists who release albums would sell their material on the net and offer a licensed cover. Income for them, a warm glow for you knowing you supported them.

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    15. Re:A question for this topic by Overly+Critical+Guy · · Score: 1

      I don't know, but when it comes to copyright infringement on Slashdot, the following is true:

      1.) In articles about GPL violations, copyrights are good and infringement is bad. Violators should be prosecuted legally, preferably by the EFF.

      2.) In articles about games by people we like, copyrights are good and infringement is bad. Be sure to buy John Carmack's game!

      3.) In articles about games by people we don't like, copyrights are bad and infringement is normal. No wonder everybody pirates! The games are so crappy! Never mind that I'm basically saying that people are purposely pirating crappy games!

      4.) In articles about music and movies, copyright is absolutely bad and infringement is god. Making sure System of a Down doesn't get paid today is the best way to support artists! I'm so used to the convenience of downloading that I'm going to justify it by scapegoating a lobby group! The RIAA made me do it.

      --
      "Sufferin' succotash."
    16. Re:A question for this topic by slavemowgli · · Score: 1

      None. I don't think I've *ever* seen anyone posting a justification of sailing the seven seas, bringing up ships, killing the crew and stealing the cargo - neither on Slashdot nor elsewhere.

      --
      quidquid latine dictum sit altum videtur.
    17. Re:A question for this topic by fimbulvetr · · Score: 1

      Ramen, brother.

    18. Re:A question for this topic by I_Human · · Score: 1

      I thought that supporting the artist generally meant going to their concert not buying their CD - the record companies get the majority of the CD sells, correct?

      --
      -JP
    19. Re:A question for this topic by EggyToast · · Score: 1
      That's the rub. I've honestly never run into someone [who wasn't just trying to be reactionary] who thought the idea of copyright was a bad thing. It makes sense -- someone makes something, they should be able to profit from it reasonably.

      What most people disagree with is what we've got now -- someone makes something, and a company profits from it indefinitely by any means necessary.

      Why patent and trademark law differ so much compared to copyright, despite the inherent similarities, pretty much has to do with profitability -- people and companies make more money with longer copyrights.

    20. Re:A question for this topic by DigitalReverend · · Score: 2, Informative

      You are correct. The Record companies keep the lion's share from CD sales, the artists get diddly squat. I think the current rate depending on the band is anyone from $.02 - $.13 per CD sold. A band, group, artists real income comes from concerts and merchanising.

      --
      I read Slashdot for the headlines, because the headlines, unlike the articles, are usually original and never duplicated
    21. Re:A question for this topic by utuk99 · · Score: 1

      Alright, just know you made me do this.

      Piracy against other countries was regularly sactioned by colonial governments. The justification was that they were infringing on your profits taking away trade from your country. It also helped that you got to keep a percentage of your loot and often the ships you took and could register them in your country of charter. Of course the country that was sponsoring you would call you a buccaneer or some nonsense. Everyone else considered you a pirate. There were very few independent pirates, most were government sponsored. The best justification though is that you got to sail the seven seas, bringing up ships, kill the crew and take the cargo and ship. What other justification were you looking for.

      Yo ho yo ho a pirates life for me!

      As for the justification for copyright infrigment style piracy, you get free stuff and have a very low chance of getting caught. I think that is the real justification most people need, regardless of the other stuff they make up. I think you are all mistaken when you think people need some sort of moral justification. That would be assuming most people have morals that preclude denying someone profit and I think that is just wishful thinking.

    22. Re:A question for this topic by Anonymous Coward · · Score: 0

      PacketScan, I am your father. Please don't try to commit suicide.

    23. Re:A question for this topic by Anonymous Coward · · Score: 1, Informative
    24. Re:A question for this topic by blowdart · · Score: 1

      That depends on the band, and their status. Certainly for debut and second and even third albums the bands won't get a lot, because they're still paying back the loans the music company gave them for promotion, recording et al. However if the bands have written their own material, kept the copyright on their songs and so on, then, as time goes on, and their intial loan goes down their albums will make them more money.

    25. Re:A question for this topic by moro_666 · · Score: 1
      lol, now i know what the ultimate question was !

      how many piracy hoes does RIAA have to track down ? and ofcourse the answer is 42 !


      In other news: The piracy world has some new books to read!
      • Websurfers guide to the massive amount of mp3-s.
      • MP3-s at the end of the internet.
      • MP3-s, pr0n and everything.
      • So long and thanks for all the mp3-s.
      • Mostly netless.

      /* if anything above doesnt make sense, go to the library and grab yourself a douglas adams collection, you can later check my signature again and see if it rings a bell :) */
      --

      I'd tell you the chances of this story being a dupe, but you wouldn't like it.
    26. Re:A question for this topic by Anonymous Coward · · Score: 0

      How many justifications for controlling information will be posted?

    27. Re:A question for this topic by Overly+Critical+Guy · · Score: 1

      Completely 100% incorrect. Record companies keep a percentage based on a willingly negotiated contract between both parties. Contrary to your false and completely made-up claim, concert tours barely break even and are put on to promote sales of the CD in a given area.

      It's absolutely no surprise you were modded up. Slashdotters need to think that concerts are where artists make all their money so that they don't feel guilty when they pirate the fuck out of someone's music. "Oh, someone else will buy a ticket and eventually pay them." Freeloaders get bitter when the free ride is taken away.

      --
      "Sufferin' succotash."
    28. Re:A question for this topic by DigitalReverend · · Score: 1

      This is an old one but I will tell you YOU ARE WRONG!

      The "barely break even" only happens to the promoters and venues, the Bands themselves are ALWAYS guaranteed their money.

      When a promoter sets up an event, they talk to the band, or the bands manager, and set a price that the band will get. The band will get that money no matter what, it is the promoter that is at risk for loss, NOT the band. When the band gets their money, they of course have to pay their manager his/her percentage which is right now around 15%, so if the band agrees to play a large venue for say, $50,000, the promoter, no matter if only 2 people show up will have to pay the band $50,000 of which the manager of the band will keep his 15% or 7,500. The band keeps all the rest.

      It is the promoters responsibility for advertising, for paying the venue (stadium, colliseum etc.) for printing of tickets, flyers posters etc..

      The only thing the band has to pay for is the expense of travelling there.

      --
      I read Slashdot for the headlines, because the headlines, unlike the articles, are usually original and never duplicated
  2. bt by ajdlinux · · Score: 4, Insightful

    And now we have BitTorrent! It doesn't really matter what the labels do, P2P won't go away.

    1. Re:bt by Phil246 · · Score: 1

      well, it does to an extent.
      The more they try to crush p2p, the harder it is to crush the next generation of p2p software.
      "You cant win, corportate fatcats. If you should strike me down i shall become more powerful then you can possibly imagine"

  3. Naster use WMA by Anonymous Coward · · Score: 0


    and fully support locking up digital media in order to control what customers can do with their media after they have "bought" the product they sell
    seems like they want to "rent" music under the guise of "buying"
    perhaps truth in advertising would have something to say

    anyway Napster is just a "brand" when really they are just a re-seller of Microsoft DRM products

    1. Re:Naster use WMA by Anonymous Coward · · Score: 0

      Can't be arsed figuring out if you're trolling, or genuinely didn't realise that the "new" Napster are a totally different company who just happen to have bought the name. The article was about the "old" Napster.

      OTOH, lots of news outlets made a big deal about Napster's "relaunch", despite the fact that the new company is just another DRMed legal download service, and far from the first on the block in that field. Perhaps they couldn't see further than their noses, or perhaps they figured out that they were the same company because they had the same name.

      Or perhaps they knew this, realised the public wouldn't care, and used it as an excuse to write a story about the state of play about music downloads.

      Anyway, who gives a damn about the "new" Napster; they even messed up Napster's old (and quite cool) cat logo by giving it a stupid body. Bleh.

    2. Re:Naster use WMA by blowdart · · Score: 1
      On the assumption this is not a troll;

      The "new" Napster are very upfront that they're a subscription service. Frankly I don't have a problem with it either, they have an interesting selection of music on there and my tastes switch from month to month anyway. You can pay extra to purchase a track permanently if you like it. Truth in advertising? It's already there.

      As for being a re-seller of Microsoft DRM products, what utter crap. The Microsoft DRM product for audio and video is an SDK. Funny, I don't see a "Download Napster SDK" link on their site. Maybe your knee was jerking too much to actually go look for youself?

  4. OK? by netkid91 · · Score: 1

    Wow RIAA finally made a very stupid decision(big surpise) not supporting Napster, because of this I really think they put themselves in a really bad posistion. People would actually use napster as a subscription for downloading music, pay per song no way. Gnutella needs no subscription or payment per song, people are going to use it if the RIAA/Napster agreement comes about, granted some will still use it after that, but RIAA wil still regain a holding on the music industry and lower the amount of pirating drastically.

    --
    NO~, I read Slashdot because I think it's stupid.....
    1. Re:OK? by uncoveror · · Score: 2, Insightful

      The recording industry's M.O. is simple: rip off children by selling them pieces of plastic at an obscene markup. They aren't interested in changing that in any way. Let them join other obsolete industries in the dustbin of history. Don't buy CDs.

      --
      The Uncoveror: It's the real news.
    2. Re:OK? by shark72 · · Score: 1

      "rip off children by selling them pieces of plastic at an obscene markup."

      Oh, please. The mouse you're holding, the monitor you're looking at, and the PC that's powering both were likely sold at a higher markup than CDs. That applies at the retailer, too -- Best Buy takes about 15 points on CDs and 40 points on mice. If the profit margin of the record industry is bothersome to you, you would be deeply and profoundly disturbed to learn what the margins are on packaged foods, clothing, and most everything else you buy. It would make you want to move to Norway and become a yak herder.

      Plenty of things to find fault with in the record industry, but profit margins sure ain't one of them.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:OK? by shark72 · · Score: 1

      "Wow RIAA finally made a very stupid decision(big surpise) not supporting Napster, because of this I really think they put themselves in a really bad posistion."

      Napster basically said to the record companies: "we've invented this service that allows millions of teenagers to pirate your content. Won't you please work with us?". This was simply extortion. Extortion, legal or otherwise, certainly happens quite often (in fact, many people see the record company lawsuits as extortion), but if somebody tried to pull this with you, you'd most likely tell them to FOAD, so why would you expect the record companies to act differently?

      Fast forward to 2005. The record companies are still alive and kicking. The record companies ended up working with Apple, who've just sold their 50 millionth paid download, the online music biz continues to grow, and Apple and the record companies are laughing all the way to the bank. Napster, which took the approach of launching an unauthorized P2P platform with little concerns for the rights of the record companies (yeah, they have them too) and the artists, found out the hard way that you don't engage in business with somebody by first doing your absolute best to profoundly piss them off. As a result, they have long since gone out of business. While the "piss off the record industry and then try to partner with them" approach might make perfect sense to you (assuming you haven't been to B-school), history shows us that they chose wrongly.

      Who made the stupid decision? Who's in the bad position? "Out of business" is about as bad of a position as you can be in.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:OK? by Clover_Kicker · · Score: 1

      I'll quibble about the packaged food - grocery stores have a very low margin on canned goods, boxed goods etc. The high volume makes up for low margins.

      The margin is higher on meat/milk/veggies, to compensate for spoilage.

      The really high markup is on chips, soda pop and smokes.

      -=-=-=-

      If the margin on computers is so high, why have so many PC manufacturers gone bust?

    5. Re:OK? by superpulpsicle · · Score: 1

      I don't mind Napster taking credit for the P2P concept. However the paid-subscription service did not come out of the Napster brand first. Correct me if I am wrong, but Listen.com (now Rhapsody) has the subscription service launched in December 2001. Napster reborned some time in 2003 as a subscription service later.

      And my 2-month dual $ubscription test concluded that Rhapsody is superior over Napster in everyway. Mostly due to all the "buy-only" tracks on Napster, that made it a nobrainer for me to keep Rhapsody. And if anyone has any accurate opinions about Yahoo music service, I am curious too.

    6. Re:OK? by uncoveror · · Score: 1

      Manufacture something for less than a buck, and sell it for twenty. No profit margin there, huh?

      --
      The Uncoveror: It's the real news.
  5. Old Napster is STILL the model... by voss · · Score: 3, Interesting

    The record industry still hasnt rapped its arms around paid download services...try finding one paid service that has ALL of the music companies collections. I dont mind PAYING for the songs if I can actually find them.

    The right service would be one that has all the music companies collections and has a mix of paid and free song files.

    1. Re:Old Napster is STILL the model... by fohat · · Score: 1

      I'm still trying to determine if you meant "Raped its arms around" or "wrapped its arms around"... Of course one of those doesn't make any sense.

      --
      Is there heaven? Is there Hell? Is that a Tuna Melt I smell?-Primus
    2. Re:Old Napster is STILL the model... by CastrTroy · · Score: 1

      I don't get why companies don't understand this. Subscription model is the way to go. With blockbuster, I wouldn't give them $25 a month to rent X number of movies. But with Zip.ca, I will give them $25 per month. With media, which costs so little to reproduce, it seems pointless to try to charge a high price for it, and only get a certain number of people to get your product. Why not let everyone have it, and just charge them a small fee every month. The phone companies have made tons of money from giving people unlimited (local) service, and charging a very small amount. This way, everyone signs up, and you end up making the difference in volume.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    3. Re:Old Napster is STILL the model... by macdaddy357 · · Score: 2, Funny

      Just a minizzle. He said rapped, he meant rapped. Word to yo mutha! fo shizzle.

      --
      How ya like dat?
    4. Re:Old Napster is STILL the model... by 16K+Ram+Pack · · Score: 1
      It's silly to me that record companies aren't seeing the opportunity to release deleted albums, which were not profitable to produce as downloads.

      I've bought a few CDs at high prices on Ebay that were deleted, and I can think of some old vinyl that never made it to CD that I'd pay to own.

    5. Re:Old Napster is STILL the model... by shark72 · · Score: 1

      "It's silly to me that record companies aren't seeing the opportunity to release deleted albums, which were not profitable to produce as downloads."

      If you mean out-of-print CDs, it's often because they can't get the rightsholder's permission. To place a song online, the stores must get the permission of the record company (which owns the copyright on the recording), the composer (who owns the publishing rights to the music) and the lyricist (who owns the rights to the words). If a CD has tracks written by a number of people, permission must be secured by everybody involved if the entire album is to be released online.

      Back when the original Napster was in business, there was talk of implementing a compulsory licensing system that would weaking songwriters' rights here -- it would work like recording covers does: you need not get permission from the creator, as long as you pay them a royalty fixed by law. When this notion was argued before congress, it was the record companies and the original Napster on one side of the table, and the songwriters on the other side. In the years that have followed, more and more composers and lyricists have seen the light, but to this day you'll still occasionally see "partial albums" available on iTMS, where they can't secure all the permissions necessary to release certain songs.

      --
      Sitting in my day care, the art is decopainted.
    6. Re:Old Napster is STILL the model... by pi_rules · · Score: 1

      Bingo... and sometimes it's the primary artist themselves that block all their content. Garth Brooks, AC/DC, Lez Zepplin, and Bob Seeger com to mind.

      Madonna was a very recent addition to iTunes and other digital content providers, as well as Smashing Pumpkins.

      Plenty of the "big names" out there have erected their own barries for digital providers. It's not the record company holding them up, it's the actual artists. Some of them require a "special deal" -- it could be money, or it could be special promotion on your delivery system. Fascinating, really, when you're in the thick of it. Amusing even, at times.

      Some other artists, I believe Radiohead, refuse to allow you to sell their albums one track at a time. A quick search on iTunes shows that they don't have any of their content (thought they did at one point) and I'd wager it's that band particular rule that has caused them to be removed.

      What I find odd is that iTunes is missing artists that I know other people have, so perhaps they're playing the 800 pound gorilla role with the artists and not giving in to special demands?

  6. Lessons learned... by max99ted · · Score: 2, Insightful
    ...from the article seem to be what the RIAA and the rest of the music industry should be looking at now. For example:
    Understand who your customer is, what problems you need to solve, and how much they are willing to pay for it.
    I guess they know who, just not the what, where, when, why, and how.
    --

    Please stop APK.. you're only hurting yourself.

  7. Obligatory rhetoric by Anonymous Coward · · Score: 1

    Down with the RIAA

  8. This shouldn't be news... by toddbu · · Score: 1

    Ok, the story is interesting and all, but did they really think that they'd change the way that a monopoly does business? It would be like getting them to admit that they're on a sinking ship, and that just ain't going to happen. But this is also why I'm such a big believer in free market economics. About time somebody thinks they own the customer, somebody else will out-hussle them and provide better service at a lower price. Regardless of the lawsuits and the piracy and all of the ugliness that currently surrounds the music/video industry, eventually it will all settle down and we'll all forget that this ever happened. A blip in history, I say...

    --
    If you don't want crime to pay, let the government run it.
    1. Re:This shouldn't be news... by Spetiam · · Score: 1

      the way that a monopoly does business

      It seems, though, that RIAA and company are particularly thick-skulled monopolists - almost as bad as SCO. For all the "progressive" content they push, you'd think they'd have a clue.

    2. Re:This shouldn't be news... by shark72 · · Score: 1

      "Ok, the story is interesting and all, but did they really think that they'd change the way that a monopoly does business?"

      You may want to double check your undstanding of the word "monopoly." The record industry, like many industries, has a few major players and thousands of little ones. Despite GM, Daimler/Chrysler, Ford and BMW being some of the biggest companies in the world, nobody describes the auto industry as being a monopoly. Lotus was able to successfully build and sell me a car, and bands and consumers alike are free to do business with any of the thousand and thousands of indie labels.

      "It would be like getting them to admit that they're on a sinking ship, and that just ain't going to happen."

      The record company is a ship, alright... a big one. And it takes time and work to turn ships around. The record industry survived the transition from 78s to LPs, and the launch of the cassette tape, and the CD. The paid download industry is finally beginning to click (thanks to Steve Jobs, who is smarter than most record industry executives), but recall that it took at least 10 years before audio CDs really took off. While you might think that the record industry is the Titanic, the reality is that it's like the QEII: it's slow moving and inefficient, but it eventually gets where it needs to.

      "But this is also why I'm such a big believer in free market economics. About time somebody thinks they own the customer, somebody else will out-hussle them and provide better service at a lower price."

      If by this you're referring to the brisk trade in pirated material (facilitated by Kazaa, Bittorent et al), this is not how a free market economy is classically defined. See the wikipedia article if necessary. Don't get caught up by the article's use of the word "theft" -- they mean it in the sense of "illegal means," and not in the "copyright infringent is not theft!" slashdork sense.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:This shouldn't be news... by Weedlekin · · Score: 1

      "The record industry survived the transition from 78s to LPs, and the launch of the cassette tape, and the CD"

      They squalled mightily about the cassette though, because it could be used to copy stuff, record from the radio, etc. I'm old enough to remember the recording industry's "Home Taping Is Killing Music" campaign from the 1970s, which led to every cassette-based device that is capable of recording having to carry microphone jacks that nobody wants so the manufacturer can claim that it has legitimate, non-infringing uses. The government levies in many countries on blank cassettes were also a direct result of this campaign.

      As to the other "transitions", they weren't "survived", but rather greeted with open arms because each new system was cheaper to manufacture than the old one, could be produced in higher volumes per time period, yet sounded better, which meant that they could charge people more for what was essentially the same thing. And of course, these were all play-only technologies that allowed the industry to maintain its dominance over artists and consumers alike. By contrast, they've gone screaming to legislators whenever some new, cheap, and convenient recording system appears, and have been pretty successful over the years at convincing most that they have a right to earn large sums of money for basically just being there (probably because, unlike most people, legislators also earn large sums of money for just being there).

      --
      I'm not going to change your sheets again, Mr. Hastings.
  9. $0.99 per song by kihjin · · Score: 3, Interesting

    Digital downloads could be much more profitable than CDs.

    Really? More profitable? This wouldn't have to do with the fact that digitally distributed music being more expensive than tranditional optical media. With individual songs at $0.99 and rising, you'd have to be an RIAA executive to think that it wasn't protifable enough as it is.

    --
    This slashdot-related signature is a stub. You can help kihjin by expanding it.
    1. Re:$0.99 per song by temojen · · Score: 1

      Lower Costs too.

    2. Re:$0.99 per song by Quinn_Inuit · · Score: 1
      Really? More profitable? This wouldn't have to do with the fact that digitally distributed music being more expensive than tranditional optical media. With individual songs at $0.99 and rising, you'd have to be an RIAA executive to think that it wasn't protifable enough as it is.

      Not exactly. Before, they could hype one song and use it to sell a cd. Now, they hype that song and it sells...that song. They spend millions of dollars to hype a single, and even they can't afford to do that for an entire album. We'd be talking about an ad budget increase of more than an order of magnitude.

      --

      Stop learning! Only you can prevent esoterrorism.
    3. Re:$0.99 per song by ciroknight · · Score: 2, Interesting

      Even if you dropped the price to $0.10/song, online music sales are more profittable. Why? Because 1) you don't have to distribute media, 2) you don't have to have the infrastructure to generate that media, 3) you don't have to have the infrastructure to transport that media, and lastly, 4) every song distributed after the bandwidth cost, server maintainance, etc. is factored in, is pure profit. With a digital model, you can spend a few million a year keeping your servers running (bandwidth, power, etc), and eliminate that fixed cost of having to burn a disk to distribute. Also, since users are only buying the songs they want, they're happier, and more likely to come back to you to buy again.

      The want for the rise of the cost of a single song is mainly to do with Apple. Apple's profits have skyrocketed, mainly as iPod sales have given the company a leg to stand on again. Since the iPod is only a music player (heh), the music companies want a slice of the profits made on it, and they'll give a reason like "the iPod promotes piracy with its massive harddrive sizes". Whether or not its true, they're using it to try to manipulate Apple.

      Digitally distributed music is also less expensive to buy and own than traditional optical music. In my CD collection, my songs have an average of 12 songs (rounded up). 12 * .99 = $11.88, which is cheaper than the $13-20 dollars they'll try to extort from you at Best Buy. Of course, some will argue "well you have to back up digitally purchased songs, so you have to factor in that cost"; well, you should be backing up your media anyways, so you should add that cost to both the CD from the store and the CD online.

      In just about every way, digital media makes sense. Of course, people will still want the real deal, and that's good for them, they can keep paying the RIAA's overinflated prices. Me, I'll stick with iTunes.

      --
      "Victory means exit strategy, and it's important for the President to explain to us what the exit strategy is." G.W.Bush
    4. Re:$0.99 per song by Psiolent · · Score: 2, Insightful

      But with the ability of the customers to buy individual songs at their discretion, the labels can no longer force them to also pay for 10 crap songs that they don't want to hear. Ever.

      However, perhaps with the added freedom customers would be a bit more agog in their music purchases, making up for the loss in revenue and perhaps then some.

      Who can say? I am not an economist.

    5. Re:$0.99 per song by ceejayoz · · Score: 1

      Not exactly. Before, they could hype one song and use it to sell a cd. Now, they hype that song and it sells...that song.

      I believe that's part of the reason many albums on iTunes cannot be split up, you have to buy all or none. Not a problem, as long as they let Apple know.

    6. Re:$0.99 per song by beefypirate · · Score: 1

      If the RIAA or whomever wouldn't support musicians that released crappy material, they wouldn't have to worry about trying to sell it. I know I would never go out and buy a CD based on one song. Lately if I'm unsure if I will like an album, I've been downloading an album to see if I like it, and then going out an buying the CD. If I don't like it, I delete it and don't buy it. Really, it's just saving me a step and it exposes me to music I might not buy because I'm not sure if I'd like it.

    7. Re:$0.99 per song by TIMxPx · · Score: 1

      You are a visionary, and in an ideal world, all of that would be true. But the record labels aren't going to can their cd distribution for a higher percentage of profit. They are going to keep producing the old media and try to add to their profits by also selling electronic copies of songs. Therefore, they demand that they maintain or increase profits on cd sales while they are developing new media, which they want to be profitable without cutting into cd sales. That way some jackass label exec can keep his job for a few years and blame someone else when his company's profits go down the toilet.

      --
      There are 10 kinds of people in the world: That averages about 660,000,000 of each kind.
    8. Re:$0.99 per song by dAzED1 · · Score: 1

      wrong. There are a number of people who do not want "digital" music, they want it on a cd (which is digital too, but...meh). They want to play it in their car, their non-mp3-enabled stero, etc.

      In fact, this is still most people.

      So, that infrastructure has to still be there. There is the simple base cost - once the infrastructure is there, it's there after all. Adding one more cd to the box to ship out doesn't do much to raise that base cost. Printing 10,000 cd's isn't, really, 100 times more expensive than printing 100 cd's would be...it's really only maybe 5-10 times more expensive. Economies of scale, CODB, yada yada, insert economic terms here.

      Point being...no. You're wrong. If you buy a cd online, the place you buy it (amazon, whatever) gets their small kickback, but in general...the cd is overwhelmingly cheap to mass-produce and distribute. It's the advertizing and cd production lines that are the issue - that, and a few other things. The cds and labels themselves cost only pennies to get to the music store.

    9. Re:$0.99 per song by ZachPruckowski · · Score: 1

      That'll drive more people to piracy. I consider a big plus of iTunes the fact that I can get most songs individually. And no, I don't just buy the singles you hear on the radio. Several of my favorite songs were "deeper" in the albums.

    10. Re:$0.99 per song by Shawn+is+an+Asshole · · Score: 1

      I buy cds all the time after only hearing one song. Here are a few recent examples: Trivium: Ascendancy, Death By Stereo: Death for Life, Throwdown: Vendetta, and Dry Kill Logic: Dead and Dreaming. These are solid all the way through. Stop buying crap that gets on the radio and you'll discover there are many cds that are solid.

      Anyway, here are some good bands with real talent:

      Avenged Sevenfold (Waking the Fallen is still my fav)
      Atreyu
      Fear Factory
      Shinedown
      Black Label Society
      Soulfly
      As I Lay Dying
      Finch
      Hopesfall
      Otep

      --
      "It ain't a war against drugs.it's a war against personal freedom" --Bill Hicks
  10. Napster Creaters Take Too Much Blame by RUFFyamahaRYDER · · Score: 4, Insightful

    Wow, the Napster creaters take a lot of blame for this, and I agree they are partly at fault with the failure of Napster. The part I do not agree with is them taking all the blame.

    The RIAA had a chance to cut a deal with Napster and look ahead to what millions of users already knew about the future of aquiring music, but they decided to sue instead. They had a chance to grab the online industry just as it was starting, but instead took the wrong route and now look at them... Sueing anyone and everyone because they still haven't figured out that they can sell MP3's for cheaper than CD's and turn a BIGGER profit.

  11. Frog in the well syndrome by vivin · · Score: 4, Interesting

    Well the recording-industry is, and has been suffering from a frog-in-the-well syndrome for a long time. Instead of trying to figure out disruptive technology, and how they can adapt/enhance their business model, they try to threaten it or squash it out of existence.

    Like the article said, the RIAA's biggest mistake was trying to "cure" the symptoms and not the cause(s). So they went after Napster, but they failed to (to use a cliche) see which way the wind was blowing. They should have seen what was coming with napster - how P2P would be a major force to reckon with. Instead of seeing how they could use P2P to their advantage, they decided they wanted to crush it altogether.

    How successful have they been at treating the symptoms? Now what exactly are the causes? Firstly I think it's the completely shitty kind of music that they churn out - the factory made, cookie-cutter style crap. I understand the whole deal about trying to make money for their shareholders, but seriously - a lot of the music is crap (which is why I try to support local bands and listen to indie stuff). A CD may have 1 or 2 good songs, but then you have to buy all the other 10 songs that come with it, and that you may not like as much. Clearly this wasn't good enough for them, because they want you to buy it all.

    I wonder how different the entire scene would have been if they RIAA had seen the changes happening and adopted a model that we see today - where they can charge per song.

    But like I said... frog in the well.

    --
    Vivin Suresh Paliath
    http://vivin.net

    I like
    1. Re:Frog in the well syndrome by MightyMartian · · Score: 0

      RIAA is a pretty good example of an out-of-control lobby group that has been coddled by politicians. It simply doesn't understand, nor is it capable of understanding what's going on. Even when it is shown a service like iTunes which is actually selling music the way modern music listeners want, it simply responds with "gimme more money". I have little doubt that, as we speak, RIAA's lawyers are writing hate letters to Apple and drafting legislation to be introduced by some stupid Congressman who has no problems whoring himself for a bit of cash.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Frog in the well syndrome by Mr2001 · · Score: 1

      What is "frog in the well syndrome"? A quick Google search shows that the expression is mainly used by Indian English speakers. I've never heard it before, and although I know what frogs and wells are, I don't understand the phrase.

      --
      Visual IRC: Fast. Powerful. Free.
    3. Re:Frog in the well syndrome by The+Cydonian · · Score: 2, Informative
      Heh, it's a literal translation of a beautiful Sanskrit expression, kuupasthamanDuukaM.

      Essentially, it's an allegory on paradigms that limit your view; just as a frog in a certain well might think that the well is the entire world and makes its decisions on that basis, RIAA companies base their decisions on the assumption that CD's are the only medium that can, or should, survive.

    4. Re:Frog in the well syndrome by The+Cydonian · · Score: 1
      While I get your point on technologies and crappy music, I'm afraid I will have to disagree on the notion that digital music downloads are a "force to reckon with".

      Fact is, they aren't; even Apple sells its iTunes tracks as a loss-leader for its iPod sales. Music companies have had a slowdown in growth and indeed, in places like Asia, it could be blamed on piracy, but even there, we're talking about "regular" piracy, you know, mostly about those Triad gangsters selling bootlegs at Mongkok in Hong Kong, for instance. There is still not enough evidence to suggest that p2p has had any sort of an imeediate, significant impact on the CD-buying habits of the masses.

      What the RIAA is concerned about, and this is where it suing 13-year-old girls comes into play, is what p2p entails for the future. You have an entire generation that not only is into digital downloading like never before, but also thinks that paying for music is an anachronism; the RIAA's real concern is that when this generation enters the workforce, it wont look at buying a CD as a default option. That's when it'll go into a slump from which it might be difficult to recover; there is still no evidence that this has happened so far. (Discussing whether it will ever, of course, is a wholly different rant altogether; for some very obvious reasons, I think it's pile of steaming crap, but anyway).

      To summarize, no p2p is not a major disruptive force in an immediate sense. To think otherwise would, ironically enough, be like that proverbial frog which thinks everyone in the world is as technologically-enabled as other like-minded frogs it sees in its own cyber-well. :-)

    5. Re:Frog in the well syndrome by shark72 · · Score: 1

      "Fact is, they aren't; even Apple sells its iTunes tracks as a loss-leader for its iPod sales."

      That hasn't been true for a couple of years. When iTMS was in startup mode it was losing money (as do many, many startups due to sunk costs of launching a business), but Steve Jobs has mentioned on recent earnings calls that the iTMS is now a profit center.

      iTMS probably doesn't operate at as high of a margin as their hardware business, but that's par for the course for the music industry.

      --
      Sitting in my day care, the art is decopainted.
    6. Re:Frog in the well syndrome by The+Cydonian · · Score: 1
      I stand corrected then. Haven't been following these guys as intensely as I used to.

      The rest of the post, naturally, still stands.

  12. Pointless by obli · · Score: 3, Interesting

    Trying to kill off P2P is like squeezing a blob of jelly, it just pours out between your fingers and reassembles after a while...

    1. Re:Pointless by netkid91 · · Score: 1

      Mod parent up, excellent metaphor.

      --
      NO~, I read Slashdot because I think it's stupid.....
    2. Re:Pointless by JeTmAn81 · · Score: 1

      So...P2P is the T-1000? It was made by SkyNet!?!?

      --
      "Me? Lady, I'm your worst nightmare -- a pumpkin with a gun."
    3. Re:Pointless by TCQuad · · Score: 4, Funny

      reassembles after a while...

      Exactly what kind of jelly do you buy?

    4. Re:Pointless by Seumas · · Score: 1

      The T-1000 wasn't made of jelly, genius.

    5. Re:Pointless by Svenne · · Score: 1

      No, it was made of pudding. Chocolate pudding. Mmmmmm... T-1000...

      --

      Slagborr
    6. Re:Pointless by Seumas · · Score: 1

      That's because you were only licking the T-1000's bunghole, Beavis.

    7. Re:Pointless by Pneuma+ROCKS · · Score: 1, Informative

      Cyberdyne jelly, of course.

      --
      Favorite quote: "
  13. To say it succinctly by vivin · · Score: 2, Insightful

    Understand who your customer is, what problems you need to solve, and how much they are willing to pay for it.

    Ohhh! But No! The way the RIAA works now is:

    Have your customers understand you, what problems (ooh!! P2P!! PIRACY!!) you need to have them solve for you, and how much you can make pay for it

    From what I've seen, the RIAA hasn't been about understanding their customers. At all.

    --
    Vivin Suresh Paliath
    http://vivin.net

    I like
    1. Re:To say it succinctly by unikorn · · Score: 0

      8008135

  14. Pioneers in a new industry by glaqua · · Score: 4, Insightful

    Napster was clearly the pioneer in the music download business.
    And they clearly forgot the old saying:
    "How do you identify the pioneers? They are the ones with arrows in their backs!"

    1. Re:Pioneers in a new industry by a11 · · Score: 0

      napster? scour net, being around the same time as napster, has over 100* more content and users. gnutella's been around before napster, with more content than scour. napster? gimme a fucking break. the real people who knew what's up didn't have a logon to napster. they used winmx which could access numerous opennap servers (napster being just one of them), the winmx network, scour, gnutella, there was another one that could multistream - forget the name now... Clearly the pioneer? clearly, you get you information from fox news, like my misinformed friends and my mentally retarded republican parents. did I mention that I was drunk and my girlfriend is passed out on th e couch? fuck you.

  15. Misquote by Gothmolly · · Score: 5, Insightful

    What you meant to say, was:

    The more you tighten your definition of Fair Use, the more content will slip through your fingers.
    (Leia to Vader)

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:Misquote by trurl7 · · Score: 2, Informative

      Misattribution:

      The original quoate is said by Leia to Moff Tarkin.

    2. Re:Misquote by Anonymous Coward · · Score: 0

      It was Leia to Tarken, not vader.

  16. It was inevitable anyway by Anonymous Coward · · Score: 1, Insightful

    > If we didn't do a deal, chaos would ensue.

    I believe that chaos would have ensued anyway.

    A RIAA-sanctioned version Napster would have had SOME kind of encumberance for the user. (Such as limited selection, low bitrate, monthly fee, non-MP3 format, DRM, or some other bothersome detail.)

    We subsequently found out that P2P is awesome for distributing large F/OSS binaries, such as Live CDs and so forth. Therefore, something like BitTorrent would have had to been developed anyway.

    After that, it would have been inevitable that people would start using P2P to bypass the bothersome restrictions of Napster.

    1. Re:It was inevitable anyway by Stormwatch · · Score: 1

      Not exactelly... P2P is about sharing files, BitTorrent is about sharing bandwidth.

  17. You better do a deal with us or else! by AKAJack · · Score: 1

    Yeah, that would work with what? a three-person internet startup talking to some guy in a music company? I mean I wouldn't hire any one who came in preaching doom and destruction if I didn't buy into his act. More often than not you'll be right. So when you're wrong and it becomes a huge problem, what do you do, just say "yes" to ever huckester that comes along?

  18. except... by Spetiam · · Score: 1

    of course, that SCO is just about the furthest thing from a monopoly as you can get...

  19. Re:Surprises by blues_shuffle · · Score: 1

    Why did the Egyptians takes years to do what we can do to in a week?
    The market was more fresh at the time; iTunes was not a great new way of doing things when it came out in the same way that Napster was. Napster was definitely not the first way for someone to acquire music using the internet, but it was the first one that was really big. There was no example to follow at that point.

  20. Still working on it? Yup, and a long way to go. by Ahnteis · · Score: 5, Interesting

    Let's see -- I can:

    1) Buy music from itunes. It will be in a format that only Apple players can play, will have digital restrictions, and will be at lower bitrate then some competitors. It will cost the nearly the same as the full CD if I buy the album ($14 at Walmart vs $10 on itunes).

    2) Buy music from other server. It will be in a format that can play on many players, but not on the popular Apple players. It will have digital restrictions. Quality may be greater then the Apple offering (depending on the store.) It will cost the nearly the same as the full CD if I buy the album ($14 at Walmart vs $10 online).

    3) Buy music on CD. I get great quality at a slightly higher cost, but I have to buy all the songs on a CD. I also have to travel to the store instead of sitting at home (or work). I do get artwork and physical media, but have no backup unless I make my own. Increasingly, I may be faced with attempts to block me from making a backup or traveling copy.

    4) Buy the music from a Russian site. Incredibly low price, selection of different bitrates. Artists probably won't be paid, but the RIAA won't either. Won't be sued by RIAA for illegally downloading. Morally not quite as "right" as other options.

    5) Download the music for FREE through kazaa / etc. Quality ranges, but I will likely have to hunt for a real copy of popular songs. I risk being sued by the RIAA. Morally, one of the least "right" choices.

    6) Steal the CD from a store. All the benefits of a CD without the cost. Unless you get caught. Still, you will may very well be penalized less if you get caught then if you had downloaded the song from kazaa. Morally a "wrong" choice.

    7) Make a copy from a friend. Quality ranges depending on your friends original source, but it's free and may be legal under home taping laws. Morally questionable.

    Of course, the RIAA isn't interested in choices. They're only interested in money and that's why this article is interesting. As far as I know it's not even a dupe! +1 intersting for Slashdot!

  21. napster was naïve by spirit_fingers · · Score: 1

    Given the history of the RIAA and the major labels, it's mind boggling to me that Napster would think there was any chance at all of striking a deal, despite the looming Gnutella threat. As far as the industry was concerned, Napster was the devil incarnate. Remember, this is an industry that thinks nothing of criminalizing its customers by adopting overly restrictive DRM. It has fought and continues to fight the customer's legitimate fair use rights. To expect them to wrap their puny brains around the notion that they could actually profit by embracing Napster is ludicrous.

    1. Re:napster was naïve by Anonymous Coward · · Score: 0

      And the irony was that gnutella was made by winamp author (program which made mp3's popular), while he was an employee of AOL Time Warner :)

      Now apple holds the business. Napster was too late, and ipod was a killer. Apple earns from ipod, so they can have cheap music (and thus have problems with music industry)

  22. This just sounds like BULLSHIT! by GecKo213 · · Score: 1

    Has anyone ever heard that Hindsite is 20/20? Meaning you can look back and see clearly and exactly what you should or shouldn't have done. This sounds like a story of sour grapes! Napster or Shawn Fannigan? whatever the kid's name was is trying to rub this in the Music Industry's face. "See!? If we'd have done a deal then pirating wouldn't be there, Gnutella would never have take off like it has, and all of your music would be safe!" See! If you'd have listened to us, everything would be just fine. I call BULLSHIT!

    I for one enjoy listening to my music before I buy it. I liked the radio, but how many of you have been burned and bought a CD/Tape/Record/etc after hearing only one track on the radio only to find out that the rest of the album is pure shit. I like to be able to download the "WHOLE" damn album and listen. Then if I like it, I go buy the CD/Tape/Record/etc, if I don't I certainly don't keep it cause it sucks! Only thing wasted is some time and temporary disk drive space, not my hard earned cash. This whole music situation is stupid.


    Rant Over.
    --
    Generation Trance: What generation are you?
    1. Re:This just sounds like BULLSHIT! by kraut · · Score: 1

      a) It's hindsight, not hindsite, but that's a minor point

      b) If you have downloaded the entire album already, would you pay to download it again? And even if you are honest enough to do that, do you think everyone else is?
      I don't.

      --
      no taxation without representation!
    2. Re:This just sounds like BULLSHIT! by Anonymous Coward · · Score: 0

      It's hindsight, not hindsite, but that's a minor point

      Maybe and maybe not. When I think of genuine bullshit, I know that a hindsite was involved in the production.

    3. Re:This just sounds like BULLSHIT! by CylanR77 · · Score: 1

      " how many of you have been burned and bought a CD/Tape/Record/etc after hearing only one track on the radio only to find out that the rest of the album is pure shit."

      Hasn't happened to me, at least. But then again, I don't look to the radio to supply my tastes for me.

      --
      http://cylan.deviantart.com/gallery/
  23. Does... by dosle · · Score: 0

    Does this sound like extrotion to anyone else?

    1. Re:Does... by spirit_fingers · · Score: 1

      No.

      Napster was citing a threat from a third party. It would only be extortion if they themselves were the threat.

  24. What. The. Fuck. by Anonymous Coward · · Score: 0

    The link to TFA managed to open 2 new Firefox windows, after which it crashed our all beloved browser. Which seems odd, because I use privoxy (through Tor), as well as Adblock Plus (never hurts to have layered security). Seems like CNET has found a way around those (usually) useful, might I say invaluable tools.
    (Yes, of course I had to disable Tor temporarily to post this. Which is a major PITA too, BTW, although I can see the reasoning for that, somewhat, somewhere)

    1. Re:What. The. Fuck. by Anonymous Coward · · Score: 0

      did nothing to seamonkey alpha browser. no popups or new windows.

      Move up to quality over faddish zealotry..

      Do you want to avoid 99% of the BS on the web? All that other jazz is more hype and fluff and technonerdbabble, it' mostly unnecesary.

          This is what really works and is simple to do, even for the rawest n00b:

      Never turn on JS and never install the ADOBE/MACROMEDIA FLASH TROJAN malware plugin.

          JS is theoretically useful but is too easily abused, so webmasters-buy three clues on human nature please, just say NO to JS. Don't force your visitors to have that absurdity turned on just to navigate your page, it leaves them vulnerable to the hack du juor. And FLASH is cute if the website is labeled "HEY,KIDS! MINDLESS CARTOONS THIS A WAY!". For any other use, it should be considered a capital offence....

  25. Re:Surprises by CDMA_Demo · · Score: 1



    Why did the Egyptians takes years to do what we can do to in a week?

    So basically you are saying that you can build the Giza pyramid in about a week? Interesting, someone please nominate this guy for the next X-Prize.

  26. Dealing with Napster by murr · · Score: 1

    It's hardly a surprise that a Napster insider would have a somewhat self serving perspective on what went wrong.

    Other observers might very well conclude, e.g. from books like All The Rave that Napster was not a trustworthy (or even a competent) partner for a deal.

    Furthermore, today there are all sorts of legal models for online music (subscription, per-song, whatever), and it hasn't exactly stopped piracy networks.

    1. Re:Dealing with Napster by Tarwn · · Score: 1

      Oh, but we all know that if we had only had a legal subscription service earlier, there never would have been a need for people to create other systems. That niche would have been filled and we would all be paying for the legal subscription service.

      And if Microsoft had managed to create an OS before the free BSD's or Linux then no one would ever...er, oh, wait...I guess that happened didn't it...

      Look at all of the software on the market. There are always going to be other companies that will wan to create a similar product, developers who feel there are things missing and start writing their own, etc. I don't think a single thing would be differant if Napster had picked up subscription capabilities. Other alternatives would still have come up to replace missing fnctionality, etc. The only way I could possibly believe that Napster would have the last P2P application is if they had managed to convince every single user, deeloer, and business that the technology and idea could go no further, that it was useless, that it was a waste of time and money, ...etc and so on. Basically it would be impossible to remove the desire for a better or differant product from the entire populace and the process of moving to a subscription model would likely have been treated exactly the same as what really happened.

      --
      Whee signature.
  27. Hindsite?!?!?! by Anonymous Coward · · Score: 0

    What is that, some oblique reference to goatse.cx?

  28. A story about Pete and Repeat by Anonymous Coward · · Score: 0

    while (true) {

    These two guys named Pete and Repeat were out on a boat fishing,
    Pete fell out of the boat.
    Who's left inside the boat?

    }

    1. Re:A story about Pete and Repeat by Anonymous Coward · · Score: 0

      while(true) is superfluous as you have included a goto-like order in your last sentence.

    2. Re:A story about Pete and Repeat by Anonymous Coward · · Score: 0

      These two guys named Pete and Repeat were out on a boat fishing,
      Pete fell out of the boat.
      Who's left inside the boat?


      wtf? Who can't be in the boat! Who's on first! you got a whole baseball team playing on the ship? Is Repeat batting? What kind of ship are you running?

  29. "Hello friend" TV ad downright spooky by davidwr · · Score: 1

    I know it's a bit offtopic, but I just had to comment on Napster's new TV ad.

    It starts off with a spooky-I-want-something-from-you "Hello friend" and gets darker from there. I actually change the channel when it comes on.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:"Hello friend" TV ad downright spooky by jlarocco · · Score: 1

      Those commercials give me the creeps.

    2. Re:"Hello friend" TV ad downright spooky by Anonymous Coward · · Score: 0

      Who let this AOL user in here?

  30. RIAA propaganda? by Nugget · · Score: 1
    The word "piracy" used in this sense is absolutely not "RIAA propaganda." Rather, it is a perfectly accepted and valid definition of the word. THe word "Piracy" in reference to the infringement of intellectual property dates back to at least 1771 according to the Oxford English Dictionary:

    2. fig. The appropriation and reproduction of an invention or work of another for one's own profit, without authority; infringement of the rights conferred by a patent or copyright.

    1771 LUCKOMBE Hist. Print. 76 They..would suffer by this act of piracy, since it was likely to prove a very bad edition. 1808 Med. Jrnl. XIX. 520 He is charged with 'Literary Piracy', and an 'unprincipled suppression of the source from whence he drew his information'. 1855 BREWSTER Newton I. iv. 71 With the view of securing his invention of the telescope from foreign piracy.

    Perhaps it's time to accept the fact that language is constantly evolving and embrace this usage of the word piracy which has enjoyed popular use for over 200 years now.

    1. Re:RIAA propaganda? by Alioth · · Score: 1

      Just because 'piracy' was used 200 years ago does not make it a good term or right. Calling it piracy 200 years ago was wrong, and calling it piracy today is wrong. It is copyright infringement. Comparing it to murder and theft on the high seas is wrong no matter how many years you repeat it.

  31. What's Free About Markets? by mpapet · · Score: 1

    I'm such a big believer in free market economics...

    See
    http://www.tutor2u.net/economics/content/topics/mo nopoly/monopoly_profits.htm
    For a nice explanation of monopolies. You can also look up oligopolies.

    The sad news is there is no such thing as a perpetually competitive market. The tendency is for one firm to use any means necessary to maintain a dominant position. Therefore, there is no "upstart" no small company out gunning the big behemoth. Small company too big? Crush them. Period. Example, phone companies, Microsoft, etc.

    It has been observed in history that capitalism tends to create two social classes, one very small minority dominating the other in every sense of the word. Some societies have made laws that supress these tendencies and redistributes wealth. But labor and environmental laws, sewers, building codes all are the antithesis of capitalism. They do nothing but raise the cost of goods and services.

    Please do not resort to quickie-mart capitalism. I urge you to get a better grasp of *both* sides of the subject.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  32. I got one thing out of this article... by ajservo · · Score: 1

    When you're challenging a big business model like the MPAA or RIAA...

    Ignorance is bliss for all parties involved.

    Now that Napster came and rocked the boat (can't blame them, though, there was money to be made...) ALL digital downloading of media is being eyed very suspiciously by all sides. Is it legal, illegal?

    Can it be made into paid content? Should we allow X resolution based video out versus X-1?

    Soon we'll all have to pay for that pr0n we download, and the Britney Spears comeback album (Oops, I Ran Out of Welfare Again!) will require authentication everytime we open iTunes. :)

  33. Which is why... by Belial6 · · Score: 4, Insightful

    Which is why we all need to start refering to the act of making and supporting 100 year copyrights as "Child Molestation". That way, in 200 years, our decendents can find 200 year old references to our copyrights system that legitimizes calling RIAA type organizations "Child Molesters". I don't say this tounge in cheek. If someone using an unfair comparison a very long time ago legitimizes its use in our language. (which is not totally unreasonable) Then we must keep in mind that someone must coin the term. So, I hereby coin the term "Child Molester" to refer to companies that rape our inner child by abusing copyright/patant/trademark systems.

    1. Re:Which is why... by Anonymous Coward · · Score: 0

      The term I would use is "Gold Digger". It referes to how the RIAA make money on back of the "artists" and milk them for all they have got. Not to mention the fact that they get all the money from them even after the "artist" rotted in hell.

    2. Re:Which is why... by Anonymous Coward · · Score: 0

      I suggest the more appropriate term: Public Property Theft

  34. Power to the indy by rawg · · Score: 1

    Record Companies are going to be irrelevant in the years to come. Bands are going to start selling their own music over the internet. Why get pennies on the dollar when you can get the whole dollar? Sell your songs for 99 cents online. Pay your $20 hosting fee. Sell millions.

    --
    The above is not worth reading.
    1. Re:Power to the indy by kraut · · Score: 1

      > Sell your songs for 99 cents online. Pay your $20 hosting fee. Sell millions.

      No, sells dozens, or hundreds if you're lucky. Or pay 94 out of the 99 cents on advertising, and sell a few more.

      There are gazillions of bands out there, and to get noticed you have to have a publicity campaign. Which isn't going to be cheap.

      --
      no taxation without representation!
    2. Re:Power to the indy by shark72 · · Score: 1

      "Record Companies are going to be irrelevant in the years to come. Bands are going to start selling their own music over the internet."

      To be fair, your sentiment is a common one, but I've also been seeing it for over five years. While there continues to be a certain percentage of unsigned bands who've chosen not to sign record deals (as there always has been), record contracts seem to be in demand as always. So, my question for you is this: when do you expect this to happen? In five years, ten years, fifteen? No right or wrong answers of course... I'd just like to hear your estimate.

      "Why get pennies on the dollar when you can get the whole dollar? Sell your songs for 99 cents online. Pay your $20 hosting fee. Sell millions."

      The classic question for bands choosing the DIY vs. record deal route (assuming they have the required talent and luck to make this choice) is "do I want most of a really tiny pie, or a little bit of a potentially very fucking huge pie?". Another way of looking at it is whether you want to sink $10K of your own money into recording, engineering, producing, promoting and selling your CD (and hoping that you sell enough to make back your investment so that you can actually make some cash), or getting a record company to spend $100K of their money (and hoping that they sell enough to make back their investment so you can actually make some cash).

      --
      Sitting in my day care, the art is decopainted.
    3. Re:Power to the indy by Alioth · · Score: 2, Informative
      The classic question for bands choosing the DIY vs. record deal route (assuming they have the required talent and luck to make this choice) is "do I want most of a really tiny pie, or a little bit of a potentially very fucking huge pie?". Another way of looking at it is whether you want to sink $10K of your own money into recording, engineering, producing, promoting and selling your CD (and hoping that you sell enough to make back your investment so that you can actually make some cash), or getting a record company to spend $100K of their money (and hoping that they sell enough to make back their investment so you can actually make some cash).

      Ah. I see where you've gone wrong, and it probably suckers most artists too. It's actually a choice of sinking $10K of your own money into a recording et al., or getting a record company to sink $100K of your own money into the recording with the hope you make enough cash to actually pay it back. (And you lose your rights to your own work). Record companies don't give you studio time - they lend you money so you can pay for it yourselves, often at an inflated rate. They call it an 'advance', but you still must pay it back, so you probably won't actually start earning money until you've sold over 1 million CDs.
    4. Re:Power to the indy by Weedlekin · · Score: 1

      Correct. And this situation exists because the record companies have been dominant for so long that there is effectively no equivalent of "venture capital" that new artists can get to launch their careers from any other source, despite the fact that talented artists with the right kind of guidance and exposure can generate far more ROI than some of the half-arsed business ventures that do get funded.

      I firmly believe that this will change in a few years. The Internet has already removed the need for a centralised manufacturing and distribution process, and other digital technologies have also made specialist recording studios much less important than they once were, at least for certain types of music. So the only vital roles played by record companies nowadays are not in recording and distributing, but financing, advertising, and taking care of legal matters, and their monopoly on these can only be sustained while nobody else is willing to step in and offer precisely the same services in a single package with better terms. When that happens (and I don't think it's a case of if, because somebody with capital is inevitably going to realise that they can make a lot of money this way), then the days of RIAA members really will be numbered.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    5. Re:Power to the indy by Anonymous Coward · · Score: 0

      Let's assume the average song is 3MB. "Millions", well, let it be the minimal 2mln. Do you really believe that 6,000,000MB of a traffic will cost you $20 as a hosting fee? Assuming, of course, that you are known enough for people to actually look for your stuff and buy it in millions, without you spending those $BIG$ on advertisement.

    6. Re:Power to the indy by rawg · · Score: 1

      Actually, I was thinking more of using Apple iTunes store to actually sell the music on. Or even BT to release a few free songs. The web site is just the front end for information about the band. If the band is good, people will find them by word of mouth. If the band is really good, they will make millions. Gesh, look at how fast "Your Base are Belong to Us" and Jib Jab hit the net. If you do something good, people will find it. Also, if your good you can get your music played on radio. You will still have to go on tour and play as as many places as you can. I'm not saying your going to be rich over night.

      --
      The above is not worth reading.
  35. Re:Still working on it? Yup, and a long way to go. by Seumas · · Score: 5, Insightful

    #7 is morally questionable? Sounds like the RIAA and MPAA are making the impression they've been wanting to make. That people would even consider two highschool buddies going home and making a copy of one's album for the other to use as being "morallyh questionable" is very sad. We might as well not even have a fair use / home copying law.

  36. Re:Still working on it? Yup, and a long way to go. by slavemowgli · · Score: 2, Insightful

    You forgot:

    3b) Order a CD online. If you look around for a bit, you'll probably get it for less than what you'd pay in a store (although that may be offset by shipping costs); you don't have to get up from your comfy chair to buy it, and if you buy it used on eBay or so, chances are that it'll be even cheaper - and also, the RIAA won't get a share of this particular sale (they already did when the original owner bought it), so you also can feel comfortable that you're not supporting them financially.

    Also, with regard to 7), whether it's morally questionable or not depends on where you're from. In many places, you pay extra fees whenever you buy a disc or a blank CD-R, supposed to compensate copyright holders for the losses from private copying, but in those cases, it's not morally questionable anymore - they are getting compensated, and that fact actually gives you a (moral, if not legal) right to copy CDs from your friends, too. So, if you know someone in Canada, for example, why not ask them to mail copies of their CDs to you? They already paid for the right to do that, so it should be safe both legally and morally.

    --
    quidquid latine dictum sit altum videtur.
  37. Re:Still working on it? Yup, and a long way to go. by e40 · · Score: 1

    4) Buy from Russian site... Artists probably won't get paid.

    I think they'll get paid, just at a much lower rate (an order of magnitude less). At least, I believe this to be true of allofmp3.com. The biggest problems with this option are: quality (improving) and selection (improving very, very slowly).

  38. Glad To See This by szyzyg · · Score: 2, Interesting

    There were many companies that wanted to sell music the way ITMS does, I remember going to a party in SF with about 10 different companies - including Napster - all wanting to sell music online. Of course, the record business didn't budge and all these companies bit the dust. Napster of course was a latecomer it started out in not so legal forma and tried to become legal, so it's understandable that perhaps the record business didn't want to deal with them, but there were many other companies who didn't have the legal baggage who were stonewalled by the record business.

    Which is why it pisses me off immensely that people described ITMS as 'innovative' when it appeared, elsewhere taleneted developers had innovated and built all the technology several times over.

    1. Re:Glad To See This by 2nd+Post! · · Score: 1

      Really? How many of those music stores gave away free music jukeboxes to organize your music? How many of them sold music the same way your music was organized, making finding music as easy as finding songs in your own library?

      When I saw the iTMS for the first time it seemed brilliant? Who else has done this before?

      I mean, at the time iTunes was outstanding; database organization, live search, smart playlists, etc. Now everyone does it, but which online music store was so well thought out in 2003?

  39. what about usenet? by sdnoob · · Score: 1

    ... it's more than just all the p0rn you can eat..

    usenet has most of the benefits of p2p, with none of the legal hassles (with the right provider), especially if all you do is lurk and download.

  40. Re:Still working on it? Yup, and a long way to go. by Tim+C · · Score: 1, Interesting

    It is morally questionable. If that highschool kid likes his buddy's album that much, he really ought to pay the asking price for it. That's the morally right thing to do - compensate the creator for the time and effort spent creating it.

  41. Re:Still working on it? Yup, and a long way to go. by stuttering+stan · · Score: 1

    We might as well not even have a fair use / home copying law.

    Fair use is a consumer right. Consumers can choose to waive this in exchange for the convenience of on-line downloading. Consumers have already demonstrated an openness towards licensing restictions and digital rights management in exchange for access to entertainment content. It is the end-user and not the RIAA/MPAA that is driving this change in attitude.

  42. Consumers can... by ShinGouki · · Score: 1

    ...use tunebite after downloading their locked .wma music and automagically convert it into unlocked .mp3 (or .ogg , or .wma) music and do with it as they wish. all perfectly legit, bought and paid for.

    --
    -dk
    Dream with the feathers of angels stuffed beneath your head.
    1. Re:Consumers can... by ShinGouki · · Score: 1

      stupid url...

      get tunebite here

      --
      -dk
      Dream with the feathers of angels stuffed beneath your head.
  43. Re:Still working on it? Yup, and a long way to go. by Seumas · · Score: 2, Insightful

    I think I missed that part of the law. Where in the home recording / fair use act does it state that "if you really really like it lots and lots" comes into it?

    The simple fact is, sharing music is not the same as piracy. Copying some songs for and from friends is not the same as running a major bootleg operation where I duplicate movies and albums and repackage them and sell them for a profit as a business.

    I'm pretty sure a good three generations of kids (and adults for that matter) had no problem copying albums for each other and it was never breaking the law and nobody ever felt there was some moral dilemma there.

    So by your logic, if someone really really liked a book they read at the library, they are MORALLY OBLIGATED to send the $50 to the author as just-compensation?

  44. Yeah......No. by madmaxmedia · · Score: 1
    Napster was not popular because it had a clever name or cool Gen-X logo. It was popular because people could download music for free. Had Napster switched to some sort of paid service, everyone would have migrated to other programs, just as they ended up doing anyways when Napster was shut down.

    It's like a bank robber telling the banks, "Instead of me continuing to rip you off, let's work together! Don't worry about other bank robbers, I'm the most successful one so the others will go away!"

    Also, the way Fanning describes how Napster would provide a great outlet for new artists seems completely contrary to how people used Napster. I never fired up Napster and entered a search for "new rap music" or whatever, I searched for specific songs and artists, or even specific misspellings of songs and artists (after RIAA started watching.)

    His revisionist history was not quite complete, let me fill in the rest:

    "Napster started out as a free download tool for college students [to illegally download music.] Later the goal was to make it a real business in partnership with the record labels, [after it became evident that we would be shut down with our current model.]"

    I don't have any problems with Napster or Shawn Fanning, but he sounds like a drug lord attempting to euphemize his trade by describing his drugs as "product". I guess he must be trying to get VC money for a new legitimate venture.

    1. Re:Yeah......No. by Maxo-Texas · · Score: 1

      I mostly agree with you but the new Napster is charging and it is finding customers.

      There are a lot of people who prefer to pay a small amount for piece of mind that they won't be busted and impoverished (even if the odds are worse than many lotteries).

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    2. Re:Yeah......No. by Alioth · · Score: 1

      The other thing is, Napster (and most P2P networks) are only good at finding the popular stuff - not the indy music by small bands. Napster was completely uncategorised, so you had to know what you were searching for beforehand - there was no discovering new bands. And - people had to have it up for download - so it was doubly only good for finding popular stuff.

    3. Re:Yeah......No. by madmaxmedia · · Score: 1
      They are finding customers, but what is actually left from the old Napster besides the (still marketable) brand name? It's not P2P, it's an online music store.

      For sure, online downloading is a legitimate distribution channel for music (as new Napster, Yahoo Unlimited, and most notably iTunes has shown.) But it's hard to imagine how the old Napster and legitimate music sales could've meshed.

  45. Oops- it was the other guy's words, not Shawn's by madmaxmedia · · Score: 1

    Which is why he comes across as so business-like and full of big ideas and new paradigms. I should have know it wasn't Fanning...

  46. They don't know? by mankey+wanker · · Score: 1

    > Never start a business focused on solving a big company's problem. They don't know they have a problem...and they are probably right.

    Really dumb article - a string of obviously failed business strategies is all it is. In what way did Napster hope to move from a free music model to one in which customers would pay? I still can't see the advantage of something like iTunes considering the very poor quality of files being sold.

    I do see the advantage of buying CDs and ripping them for myself. I also see the advantage of downloading free songs I probably wouldn't have paid for to begin with via P2P networks, so thanks Napster.

    Copyright laws make no sense any longer. That's a well plowed subject here.

  47. Re:Still working on it? Yup, and a long way to go. by IntergalacticWalrus · · Score: 1

    allofmp3 is most likely run by the Russian mob. Even if they claim they pay loyalties, it can't be true because they couldn't possibly have all those contracts with the big record companies.

    The truth is they found a loophole in Russian copyright laws (last time I checked it's well described on their site, in not too nasty terms of course), and are exploiting the hell out of it. Besides Russia is a pirate heaven anyway, where copyright laws basically go unenforced, like in all Asian countries but Japan.

    AFAIK just because it's legal in Russia doesn't make it legal here. And even if I'm wrong, allofmp3 is basically pay-for-piracy, which is ethically worse than just p2p.

  48. Re:Still working on it? Yup, and a long way to go. by Rangsk · · Score: 1

    You forgot the service that Napster (as well as some others, like Yahoo) provide, which is funny because the article is about Napster.

    Pay a flat price per month (ranges from $5-$15 depending on the service and what they offer), and you can download and listen to as much music as you want. The higher cost services even allow you to put all the music on your mp3 player (as long as it supports DRM'd WMVs).

    You can't burn to CD unless you pay $.99 per song, and a low percentage of music is buy-only, but for the most part it's a pretty good deal. If only Napster would increase their selection of soundtracks and rare (less popular) music.

    --
    "Don't believe anything you read on the net. Except this. Well, including this, I suppose." --Douglas Adams
  49. Clarification: by Gothmolly · · Score: 1

    He was Grand Moff Tarkin. Still, +1 Geeky for you!

    --
    I want to delete my account but Slashdot doesn't allow it.
  50. Re:Still working on it? Yup, and a long way to go. by Anonymous Coward · · Score: 0
    So by your logic, if someone really really liked a book they read at the library, they are MORALLY OBLIGATED to send the $50 to the author as just-compensation?

    If you made a copy of it, then yeah.

  51. Re:Still working on it? Yup, and a long way to go. by kraut · · Score: 1

    > 3) Buy music on CD. I get great quality at a slightly higher cost, but I have to buy all the songs on a CD. I also have to travel to the store instead of sitting at home (or work). I do get artwork and physical media, but have no backup unless I make my own. Increasingly, I may be faced with attempts to block me from making a backup or traveling copy.

    Wow. 10/2005, and you've never heard of AMAZON?

    --
    no taxation without representation!
  52. Re:Still working on it? Yup, and a long way to go. by Seumas · · Score: 1

    What is the difference? I've enjoyed the content either way - without paying. And it's not like I'm going to kick back and re-read the same frigging book every weekend.

  53. Re:Still working on it? Yup, and a long way to go. by Anonymous Coward · · Score: 0

    8) Buy the CD used for $8

  54. Even better by Neoncow · · Score: 1
    Even better is not paying and finding music.

    I recently heard about this music streaming service. The idea behind the project a plun-in (Open source) for your favourite music player collects song names of what you are actually playing. These get uploaded onto your own musical profile page. This page shows stats and gives you general idea of your musical tastes.

    You can create tags (ala flickr, gmail etc.) for your songs, artists, and albums. These tags are cool because you can see what everyone else has tagged and then stream music from the globally tagged data.

    From your data, the system generates musical "neighbours". Last.fm provides neighbour radio that plays songs that your neighbours have listened to but you haven't.

    Speaking of data, the stats collected is published with a creative commons licence. This is accessed via a bunch of web services.

    For the control freaks not content to let someone eles dictate their songs selection, the artist pages are browsable and linked by similar artists (also generated from user data).

    There's more features, but I think this is the kind of stuff (music listening) slashdotters would be interested in. Obviously I'm a fan on this service.. I just found out about them a couple months ago. If anyone has reccommendations for alternative services, I have an open mind.

    1. Re:Even better by Neoncow · · Score: 1

      Oh dear, I said plun-in when I meant plug-in. The preview button and I don't get along very well.

  55. Re:Still working on it? Yup, and a long way to go. by finkployd · · Score: 1

    And it's not like I'm going to kick back and re-read the same frigging book every weekend.

    In which case it is as really bad analogy for music and this whole thread is pointless.

    I know, I know, "I must be new here"

    Finkployd

  56. Re:Still working on it? Yup, and a long way to go. by Anonymous Coward · · Score: 0

    It's royalties not loyalties.
    And it's fringe benefits not french benefits.

    Congratulations, you just made undermined your own argument and now no one will ever take you seriously.
    I wish you worked for me so I could fire you.

  57. Re:Still working on it? Yup, and a long way to go. by canadiangoose · · Score: 1
    Two more options ----

    1) Buy directly from the artist at a show. I've been doing this more and more lately, but I live in Toronto and there's no shortage of excellent live music.

    2) Download directly from the artists website. This is still a fairly new option. The Offspring and Rage Against The Machine are both on the right track, buyt not quite there. Harvey Danger, on the other hadn, have it figured out. I've never listened to them much before, but I downloaded the new album (after sending them a donation, I want them to succeed in their attempt to bypass the labels!) and I love it!

    Mind you, neither of these options will score you the latest-greatest Ricky Martin or Britney Spears albums, but I suppose it's a resonable sacrifice :P

    --
    Never eat more than you can lift -- Miss Piggy
  58. That is Privateering, not Piracy. by AoT · · Score: 1

    And I think you just gave me a new term for downloading copyrighted material.

    "No, I never pirate music. I *Privateer* it!"

  59. Re:Still working on it? Yup, and a long way to go. by IntergalacticWalrus · · Score: 1

    You got me on the "loyalties", but I never said anything about benefits.

    Anyway you're just a fucking AC, so you're not in a very good position to speak about being taken seriously.

  60. Re:Still working on it? Yup, and a long way to go. by 3.1415926535 · · Score: 1
  61. Re:Still working on it? Yup, and a long way to go. by e40 · · Score: 1

    The royalties that people pay for the sale of music are fixed by ASCAP. The reason allofmp3 can charge so little is that with the exchange rate of the crappy Russian currency that rate is cheap for us (paying in US$ converted to whatever their currency is called).

    Does the Russian mob run allofmp3.com? I doubt it. If they are, then they have a credible puppet.

    I've bought quite a few "CDs" from allofmp3.com. Very few of them I'd have bought at the going rate (US$15, or there abouts). I think the point the original poster (that we're all replying to) was making is that the music industry is their own worst enemy. If I could by an album for US$5, I wouldn't use allofmp3.com (except for really questionable purhases that I didn't think was even worth US$5).

  62. Re:Still working on it? Yup, and a long way to go. by kesuki · · Score: 2, Insightful

    It is morally questionable.

    no, no, It's not. Sharing information is not 'morally questionable.' if 'makign a dub' is morally questionable then 'borrowing ait for a week' is a morally questionable. if 'borrowing for a week' is morally questionable then playing it over speakers, in a non sound proof room, while people other than the 'purchaser' are present is 'morally questionable' i'm afraid not. Sharing information is not a morally questionable act. Quite clearly the information was being shared BECAUSE that Is what ONE DOES with information.

    however, a person who only 'obtains' information without ever comensating anyone Is morally questionable. The process of sharing the information is not, it is the complete disreguard for recompensation that is in fact morally questionable. the fact that the information was shared is not the problem, the probme is that joe luser who obtained his information via data sharing refused to 'ever' monitarily recompensate anyone involved in marketing or producing of making that information available. But say you know this Joe Luser personally, and you know that he Is not such a morally objectional guy, but that he rather prefers to support artist by Going To Concerts. so Knowing that he's recompnosating artists, you Share Information with him, in the hopes that he will someday go to a concert by the 'band' whom you 'shared' the cd of with joe. the logic is a bit 'optimistic, and slightly dubious, but not so morally objectionable as say, knowing for a fact that Joe is a Selfish bastard who could care less, and just wants something for nothing, and will only ever spend his money benefiting himself maximally and other people to the very least possible.

    But then every joe luser who chooses to shop at wal-mart instead of some other store with a slightly 'better' track record is guilty of that, so if you're gonna make that a 'morally objectional' crime you're going to have to shut down one hell of a lot of wal-marts.

    didn't think of that did you?

  63. Re:Still working on it? Yup, and a long way to go. by rolfwind · · Score: 1

    8)Buy CD used at Amazon.com (they offer used from 3rd parties alongside with new in the same listing) or other place.

    Much of the time, price lower than ITunes even with shipping. Great selection and variety, even on CDs released maybe a month ago. Superior bitrate. RIAA doesn't get money AGAIN. Completely legal and ethical. CD can be converted easily to any other format to play on any digital players, including Apple's. Don't have to go to store and waste gas.

    Downside: Waiting a few days for it to get there.

  64. Sharing The Pie by rossz · · Score: 2, Insightful

    The music industry has had it their way for so long that they simply can not grasp the concept of sharing the piece of the pie, even if it's a huge ass pie. They want it all.

    To put it simply for the record executes (who are too stupid to understand basic math): you can have all of this lovely McDonalds hot apple pie (contents may be hot), or you can have half of this full-sized, deep-dish apple pie.

    The record executives will, of course, take the McDonalds pie and sue the bakery out of existence.

    --
    -- Will program for bandwidth
  65. Re:Still working on it? Yup, and a long way to go. by Requiem18th · · Score: 1
    compensate the creator for the time and effort spent creating it


    ough... creator is sooo doublespeek, did't you mean right holding corporation? Oh I remember, the RIAA said "let's say crator instead"
    --
    But... the future refused to change.
  66. Re:Still working on it? Yup, and a long way to go. by Tidal+Flame · · Score: 1

    Number six isn't morally wrong if you're stealing from WalMart! ;)

  67. Re:Still working on it? Yup, and a long way to go. by Ahnteis · · Score: 1

    Questionable means that some people will find it wrong and others will be absolutely ok with it.

    I'm not making a judgement call, just noting that to some people, copying a CD from a friend feels wrong even though as far as I can tell (IANAL!) it is perfectly legal.

  68. Re:Still working on it? Yup, and a long way to go. by shmlco · · Score: 1
    "Copying some songs for and from friends..."

    If that is all it was we probably wouldn't be having this conversation. However, it is a bit different when you have some 10,000 "friends" you don't know (BT), and you're redistributing someone's else's work to them for free. Sorry, but to my mind the later behaviour stretches the "fair" in fair use.

    --
    Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
  69. None. by Anonymous Coward · · Score: 0

    Hell the following Google search's first result about piracy is the 5th (notice all I did to avoid that...): http://www.google.com/search?num=30&q=piracy+-soft ware+-music+-mpaa+-electronic+-intellectual+-inter net

    Piracy is not only hard to justify, it's also hard to find information on it and hardly ever happens anymore.

  70. HD Size by Dog135 · · Score: 1
    Since the iPod is only a music player (heh), the music companies want a slice of the profits made on it, and they'll give a reason like "the iPod promotes piracy with its massive harddrive sizes". Whether or not its true, they're using it to try to manipulate Apple.

    Hmmm, maybe that's why they came out with the video iPod. Now they can say that all that HD is used for showing home video to their grandparents.
    --
    "That's so plausible, I can't believe it!" - Leela
  71. Re:Still working on it? Yup, and a long way to go. by samael · · Score: 1

    We might as well not even have a fair use / home copying law.

    There is no "home copying law" in the US, nor in most of the rest of the world.

  72. Re:Still working on it? Yup, and a long way to go. by Anonymous Coward · · Score: 0

    I think I missed that part of the law.

    When did legal and moral start to mean that same thing? Things can be legal and immoral or illegal and moral

  73. "Potential Revenue" by magnus_1986 · · Score: 1

    Lets just not get into the shady and disputable realm of "potential revenue", shall we?

    --
    My last sig was ridiculed
  74. Napster is evil by spx · · Score: 1

    Have you guys seen that sp00ky ass TV commerical? Man, I would be scared to let my son see that (its just up there with the one on the west coast that starts out something like 'You dont want your penis to fall off', for a STD commerical.

  75. Re:Still working on it? Yup, and a long way to go. by Anonymous Coward · · Score: 0

    I'm not that AC, but I thought I should point something out:

    Anyway you're just a fucking AC, so you're not in a very good position to speak about being taken seriously.

    You may attack him in place of his argument but his argument still stands as unchallenged.

    BTW, he and I may be posting pseudo-anonymously but you're pseudo-anonymous "IntergalacticWalrus," so if it were true that we're not to be taken seriously merely because of pseudo-anonymity then you're not in a very good position to speak about being taken seriously either. That's a double edged sword you're swinging there -- don't cut yourself.

  76. Re:Still working on it? Yup, and a long way to go. by vincecooks · · Score: 1

    1) Buy music from itunes. It will be in a format that only Apple players can play
            - Not really. You can download from iTunes, burn an mp3 cd, then download from that cd to any mp3 player.
    3) Buy music on CD. I get great quality at a slightly higher cost, but I have to buy all the songs on a CD. I also have to travel to the store instead of sitting at home (or work).
            - Just about any CD from Amazon.com is also available used, usually for under $10 including shipping. I've had excellent experience with that, and you don't have to "travel".