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NYT Opinion Piece on DRM And P2P

bsartist writes "The NYT is running an opinion piece written by a working musician who has a pretty healthy dislike of copy protection and DRM. From the article: 'As for musicians, we are left to wonder how many more people could be listening to our music if it weren't such a hassle, and how many more iPods might have our albums on them if our labels hadn't sabotaged our releases with cumbersome software.'"

367 comments

  1. Quit wondering and drop the label! by CyricZ · · Score: 2, Insightful

    This musician should do what many others have done and start his or her own website. Make the music available there, free of charge or for a small fee.

    If they were stupid enough to sign a restrictive contract with some media label, the just wait until the agreement expires. Then be sure to never deal with them again, due to the points mentioned in this article.

    --
    Cyric Zndovzny at your service.
    1. Re:Quit wondering and drop the label! by TheRealMindChild · · Score: 3, Insightful

      Sure... hindsight is always 20/20, but you have to figure, most signed artists had no idea what they were getting into. They are hapless garage bands that some bastard feels they can exploit to make a bit of coin.

      Sure, they SHOULD have known. But when someone is waving your dream in your face, it is hard to think logically.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    2. Re:Quit wondering and drop the label! by DoorFrame · · Score: 5, Insightful

      I think the even bigger problem is that you haven't heard of 99.999999% of non-label bands. You at least have a shot when someone's paying you to put out an album. When you're on your own, you're out of luck.

    3. Re:Quit wondering and drop the label! by CyricZ · · Score: 2, Insightful

      There are many independent bands who do just fine for themselves financially. They're not pulling in millions, but they're living decently. And they usually have a very loyal fanbase willing to support them out to some extent.

      And then there's this very issue of freedom. Would you trade your freedom and integrity as an artists for money? A true artists, one who puts his or her work above all, most likely would not.

      --
      Cyric Zndovzny at your service.
    4. Re:Quit wondering and drop the label! by DoorFrame · · Score: 1

      Is your contention that it's not possible to both have integrity and work in the professional music industry?

    5. Re:Quit wondering and drop the label! by CyricZ · · Score: 1, Funny

      Is your contention that it's not possible to both have integrity and work in the professional music industry?

      Yes. Unless it's gangsta integrity we're talking about. Then when u rappin' in da hood like dat mutha Fiddy Cent u gotz da big momma integrityz yo! Wurrrrrrrrrrdddd homie.

      --
      Cyric Zndovzny at your service.
    6. Re:Quit wondering and drop the label! by Steve525 · · Score: 4, Insightful

      This musician should do what many others have done and start his or her own website. Make the music available there, free of charge or for a small fee.

      How many musicians have succeeded in making a living this way? Without the exposure the record labels can give you (through their lock on radio) you aren't going to sell many songs. There may be one or two exceptions, (Ani DeFranco come to mind) but it's pretty rare.

      If they were stupid enough to sign a restrictive contract with some media label, the just wait until the agreement expires.

      Perhaps, but some contracts don't ever expire. I believe the contracts are usually based on # of albums, not a set amount of time. And guess what, the record company gets to decide when to release the album. So they can sit on it as long as they want, and you're f**ked.

      And if you did get out of the contract, what are you going to do, get a better deal from a different record company? Unless you are already successful, it's not going to happen.

    7. Re:Quit wondering and drop the label! by shawb · · Score: 3, Interesting

      But a true artist might be willing to trade freedom and a percentage of album sales to get more people to listen to their music. The recording industry can be a very efficient marketing force, getting music played on the radio, getting CDs placed in stores, getting tours booked and so on and so on.

      I really don't see integrity coming into play. Most musicians really don't care about DRM one way or another, or at the very least are ambivalent. For most people "integrity" means having a code of ethics that matches theirs.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
    8. Re:Quit wondering and drop the label! by cryfreedomlove · · Score: 1

      Both parties freely and voluntarily signed the agreement. Isn't that OK?

      If not then please describe an alternative system where an uninvolved 3rd party will step in and stop a voluntary agreement between the musician and the record label.

    9. Re:Quit wondering and drop the label! by giorgiofr · · Score: 1

      I don't care what a musician's opinion on DRM is; I DO care a lot when he says he has a certain one and behaves in the opposite way. Saying "Oh yeah I'm so sorry about that DRM thingie the corp bastards forced on me" is sheer hypocrisy.

      --
      Global warming is a cube.
    10. Re:Quit wondering and drop the label! by Anonymous Coward · · Score: 0
      Yes. Unless it's gangsta integrity we're talking about. Then when u rappin' in da hood like dat mutha Fiddy Cent u gotz da big momma integrityz yo! Wurrrrrrrrrrdddd homie.

      CyricZ, you're so white, you're almost blue :-p

    11. Re:Quit wondering and drop the label! by beef3k · · Score: 1

      In the words of Captain Beefheart:

      I don't want to sell my music. I'd like to give it away because where I got it, you didn't have to pay for it.

    12. Re:Quit wondering and drop the label! by TheRealMindChild · · Score: 1

      You are oversimplifying it. This is a case of "Selling your soul to the devil". See, "the Devil" offers you ANYTHING you want. Right now. Anything. All you have to give him is your soul. You aren't using it. What real value does it have? Heaven is overrated... etc.

      When faced with such a choice, being human, there is a DAMN good chance you will take that deal. The lure of the fantasy within your grasp can cloud anyones judgement. This is the same reason Credit Card companies are NOT allowed to offer $10k cards with 60% interest, compounded daily.

      I think you are falling into, what I have termed as "The Jerry Springer Effect", in that, sure, it is easy to sit in the audience and tell the guests how stupid and nieve they are, but when YOU are the person on stage, you see it completely different.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    13. Re:Quit wondering and drop the label! by lowrydr310 · · Score: 1

      As evil as the labels are, fiddy cent is still worth more than $50M. He's not exactly being screwed by his label.

    14. Re:Quit wondering and drop the label! by cryfreedomlove · · Score: 1

      Okay. Let's say I accept your premise. What's the alternative that you propose?

    15. Re:Quit wondering and drop the label! by Anonymous Coward · · Score: 0

      Are there any record labels that aren't as evil and don't use DRM? Maybe that would be a practical solution.

      Also, how about including more schwag (posters, T-shirts, bumber stickers etc.) with a purchased CD. I remember in the "old days" when you purchased an album you got lots of cool stuff.

    16. Re:Quit wondering and drop the label! by vinniedkator · · Score: 1

      Perhaps the future of music will imitate the past. I doubt if Beethoven or Bach had labels to deal with in their day but rather succeeded primarily through their talent alone. In a world without mega music labels we would have hundreds, perhaps thousands of bands with a strong local or regional following making a comfortable living while the truly talented become national or international stars through word of mouth and their own advertising.

      I would prefer this reality than the one today where the labels admittedly spew forth 9/10 of their product as garbage in order to make money on the 1/10 with any substance. Hopefully, it would mean that Britney and Boy Bands would never again have to happen.

      --
      WARNING: WE HAVE NOT CONDUCTED A FELONY-CONVICTION SEARCH OR FBI SEARCH ON THIS INDIVIDUAL.
    17. Re:Quit wondering and drop the label! by Anonymous Coward · · Score: 0

      How many musicians have succeeded in making a living this way?

      What happened to the phrase about not quitting your day job?

    18. Re:Quit wondering and drop the label! by recursiv · · Score: 1

      Sounds pretty authentic. I can tell you're from the hood.

      --
      I used to bulls-eye womp-rats in my pants
    19. Re:Quit wondering and drop the label! by Braino420 · · Score: 1

      One likes to believe in the freedom of music, But glittering prizes and endless compromises Shatter the illusion of integrity. ya

      --
      They call me the wookie man, I guess that's what I am
    20. Re:Quit wondering and drop the label! by Technician · · Score: 1

      How many musicians have succeeded in making a living this way? Without the exposure the record labels can give you (through their lock on radio) you aren't going to sell many songs. There may be one or two exceptions, (Ani DeFranco come to mind) but it's pretty rare.

      In reality I just found a new band and label on the web. I have voiced my IP concerns to the band. There is a very cool Christmas light show done very will to the band's music. This exposed me to the band. I wrote the band and asked if their label was a RIAA member, do they frown on web publishing the music with the video of the lights, and do the CD's employ DRM as I like to do this type of thing but have refrained do to the RIAA and DMCA issues with DRM. I then reminded them I found out about them over the cool web video, not the radio and looked up their web site and sampled their other samples.

      They will soon figure out word of mouth is valuable advertising. Limiting exposing new people to their work is not a good thing. Neither is DRM and heavy limits on the usefuleness of the product.

      I'm not plugging their stuff yet. I haven't recieved a reply yet. For those who just has to know, it's Trans-Siberian Orchestra.

      --
      The truth shall set you free!
    21. Re:Quit wondering and drop the label! by AndersOSU · · Score: 1

      Yeah, but Beetoven and Bach also didn't have to deal with the pro/con aspects of mass production/distribution. Also how many musicians can you name from before 1900? I'd guess somewhere around 20, if you're into classical music maybe 50 or 60... Now, how many musicians can you name after 1980? I'm sure that I could come up with hundreds.

      Your assertion that we'd have more "talented" musicians w/o labels is deeply flawed. In all likelyhood we'd have fewer because the truely talented musicians would be less able to support themselves. Musicians are good at making music, not advertising. I am very much not a fan of the music labels, but I find it highly unlikely that you could find more talent in your geographic area without labels, then you can in the world with them.

      The record labels still have a very important roll today, and that is promotion. The problem is their important roll used to be distribution, but they are becoming less and less proficient at it. If they'd take a step back and focus on what they do well, rather than what their historic role was I think that we could have a world where free music and record labels could coexist.

    22. Re:Quit wondering and drop the label! by Anonymous Coward · · Score: 0

      Actually, most bands on any given label are not pulling in millions. But someone has to initially finance a North American or European tour, and that someone will most likely be the label. Moreover, touring is necessary to promote a new album. While the money you pay for a CD is split mostly between the record store and the label, the money from the merchendise sold on a tour goes to the band.

    23. Re:Quit wondering and drop the label! by Anonymous Coward · · Score: 0

      Geddy knows what's what.

    24. Re:Quit wondering and drop the label! by diometres · · Score: 1

      Wired just put out an interesting article in the last issue on how bands who are using myspace as a principal means of publicity are doing pretty well. Even without a major label record contract. Many bands choose to post a couple songs for free, then link to where you can purchase the full album. And all the proceeds go to them. Funny thing is, an increasing source of income is band schwag and concert paraphenalia. I bet in a couple more years as online distribution matures, more and more bands will hit it big without major label support.

    25. Re:Quit wondering and drop the label! by Ashyukun · · Score: 1
      I actually pretty much figured it had to be TSO- there isn't much Christmas music besides theirs I can see a lot of people getting really fired up about (their stage show kicks much ass, saw them here locally a few weeks back).

      Unfortunately, I wouldn't hold my breath on getting permission. A good ways back I made an anime music video using what's arguably their most well-known song. A friend of mine saw them in concert a year or so ago, and first found out about their music from hearing the song in the video I had edited. He brought a copy of it on CD with him to the concert, and at the autograph session they have after the concerts explained how it had introduced him to their music and offered them the copy of it. They refused, telling him that as it had been done without approvals and permissions, they couldn't know about it or they would have to take action against it. This rather disappointed my friend, but to me it was a fairly good outcome- while their contracts would appear to not allow for it, they at least were not actively trying to subdue it.

      On the DRM though, as far as I know their discs don't use DRM. If the song you're interested in is Sarajevo 12/24 (the one most people are familiar with), I know that Savatage's 'Dead Winter Dead' which came out back in the mid-90's has it on it without and form of DRM as it's what I used for my video.

    26. Re:Quit wondering and drop the label! by Gallowglass · · Score: 1

      But so what? Is that really important - to achieve huge market penetration?

      To illustrate, compare a musician who has a contract with a large record company who gets (mayby) 5 or 10 cents per record with an independent band who sell and distribute their own product and make - say - $8 net per each of their records that they sell themselves from the bandstand or their web site.

      To make an income of, say, $40 K per year using the above assumptions; with the recording company, you must sell 400,000 to 800,000 records. By yourself, you need sell only 5000 copies.

      (I leave out the question of Hollywood bookkeeping.)

      Loreena McKennitt (I suspect you may never have heard of her), who started off busking with her harp in Canadian shopping malls, now sells to the world from her website (http://www.quinlanroad.com/) Note that the site is available in 14 languages. She is successful enough that a few years ago a documentary on her showed her office where she employs about 4 or 5 people whose only job is to distribute the CDs that she makes.

      Any yet, she doesn't appear on any play charts that I am aware of. I doubt that she has a huge market penetration, nor the name recognition of Bono, or Britney Spears, or even Frankie Lane.

      You don't need to be the center of the universe to make a good living.

    27. Re:Quit wondering and drop the label! by s1ashd0twh0r3 · · Score: 1
      Sounds pretty authentic. I can tell you're from the hood.

      guys named "Cyric Zndovzny" usually are

    28. Re:Quit wondering and drop the label! by Pentavirate · · Score: 1

      Beethoven and Bach were well known simply because they applied for jobs as court composers. They worked for the king. Then the king sponsored concerts and gave them pay checks so they could compose for a living. The court was kind of the record labels of their day.

    29. Re:Quit wondering and drop the label! by virg_mattes · · Score: 1

      > Loreena McKennitt (I suspect you may never have heard of her), who started off busking with her harp in Canadian shopping malls, now sells to the world from her website (http://www.quinlanroad.com/) Note that the site is available in 14 languages. She is successful enough that a few years ago a documentary on her showed her office where she employs about 4 or 5 people whose only job is to distribute the CDs that she makes.

      That's one. Notice how few of these folks there are, compared to the number of people who can't turn a living off of being musicians? The numbers are strongly skewed against success in the music industry. In a field where there are a thousand others with the same talent as you, you need luck AND skill to be really successful. I counter your Loreena with a fellow I know who busted his butt for years trying to make a living as a musician. He has people that regularly travelled hundreds of miles to hear him play. He's one of the most talented guitarists I've ever seen. Everyone tells him to go big time. He's been offered record contracts. He didn't take the contracts because he didn't want to lose artistic control. Because he's unwilling to sign with a big record company, he gave up on making a living at it, because he needed to keep such a nasty schedule to make his 35K a year that he couldn't see his wife for half the year. He walked away for a bank job that pays more than he was making full time on the road. He wasn't even trying to be the center of the universe, but if skill was a factor more than luck he'd still be a professional musician.

      Virg

    30. Re:Quit wondering and drop the label! by will592 · · Score: 1

      I will counter with one point. I wonder if your friend can't make a living as a professional musician or can't make a comfortable, easy, well-to-do, etc. living as a musician. I am a sometimes musician, though I would never consider myself a true talent. I wouldn't dream of trying to make a living as a musician but that is mostly because it isn't my passion. I'm not an 'artist' and I'm not willing to sacrifice my comfortable lifestyle for the 'art' of music. I wonder if the argument is really that people feel like they should be able to make a living as musicians or that people feel like they should be able to make a killing as a musician. No one ever argues that painters or sculpters should be able to make a living doing their art yet some of them are so passionate about what they do that they don't care and they will sacrifice everything else for it. That's passion. I'm not saying I don't think people SHOULD be able to make a comfortable living making music but I think sometimes people forget that music is art and sometimes it's just hard to be successful as an artist and have a comfortable living. I know an awful lot of people that play just for the sheer high of the performance and don't give a darn about whether or not they ever make a dime doing it. Would they be happy to make a ton of money doing it? Sure, but I'm not sure any of them would be willing to surrender their 'art' for a bigger paycheck. Just my two cents.

      Chris

      P.S. Check out my friend's website, http://toddlorenz.com/, you can listen to his music for free.

    31. Re:Quit wondering and drop the label! by Jesselnz · · Score: 1

      Word of mouth, the most powerful form of advertising...

    32. Re:Quit wondering and drop the label! by Deliveranc3 · · Score: 1

      http://www.warprecords.com/

      Apparently some of the only ones that matter.

      Richard D. James has been doing his own thing for a while now, he's not corperate but he is sucessful.

      These kinds of labels are what the music industry needs.

    33. Re:Quit wondering and drop the label! by Thing+1 · · Score: 1
      Sure, they SHOULD have known. But when someone is waving your dream in your face, it is hard to think logically.

      Agreed. However, membership in Pre-Paid Legal is only $27 a month in most states (some states it's lower), and gets you unlimited phone time to ask the attorneys questions; up-to-10-page document review; traffic assistance; IRS audit assistance; and a 25% discount on anything not covered.

      There are also other similar plans, but being a member of Pre-Paid Legal I can only talk about what I know. (My brother has one through work, which is half the cost but has fewer benefits as well.)

      So, given that this service exists and costs less per month than most cell phones, it is truly a shame that musicians both haven't heard about it, and haven't used it to negotiate their contracts.

      Alternately, forget the "legal insurance" aspect and just go to an attorney. Whether you have attorney friends in your circle or not, you can generally get a document reviewed for at most a couple hundred dollars. For something as important as potential millions, what's a couple hundred?

      I'm not sure the issue is being unable to think logically; I believe the issue is they are unwilling to think logically, since they're too busy on their tiptoes reaching for the pie in the sky.

      --
      I feel fantastic, and I'm still alive.
    34. Re:Quit wondering and drop the label! by Seraphim_72 · · Score: 1

      How many musicians have succeeded in making a living this way?
      Which of course brings up the question of who goes out in the morning saying the World owes me a living because I can strum a guitar coherently? Don't get me wrong, I have *only* purchased CDs direct from a band member's hand in the last 5+ years. But of the bands I know, it is an art - if they find folk that love it, that is job accomplished, not the money. Would they sell out? Not that I have seen, at least a few of them got huge in the local market, but never got swelled heads, prices, or covers for it.

      Sera

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    35. Re:Quit wondering and drop the label! by Technician · · Score: 1

      Unfortunately, I wouldn't hold my breath on getting permission.

      No problem. I simply will let the band know how I found out about them and then let them know that I would not have found about them without it, I'll let them stick to the limited advertising as permitted by the RIAA. Good luck. I now see their product as less useful and have less reason to buy a copy because intended uses are prohibited.

      It looks like my show will have to remain on MIDI Sound Canvas sequenced from old Public Domain Christmas songs due to license issues.

      So far I do not have a reply. I'll keep checking.

      --
      The truth shall set you free!
    36. Re:Quit wondering and drop the label! by Gallowglass · · Score: 1

      Not an invalid point. You are right that it isn't easy. But then, running your own business is never easy. What did your friend do to try and make a living? How did he attempt to sell his product?

      In the days before the Internet, you could only make money by performances, and the recordings that you sold yourself. This meant a limited revenue stream because the only people who had a national/world wide distribution stream were the record dompanies.

      But now, you have an inexpensive distribution stream (the Web), and thus an expanded market that was not accessible before. Otherwise, you have to do the slogging work that Miss McKennitt did before the web - lots of gigs, and running around with your car trunk full of recordings that you flog to record stores and from the bandstand/mall/street. Much less easy, and hard work, but doable.

      But not everybody has the chops to be a good entrepreneur.

      That is a point that many artists have something of a problem with. Music talent is not the same as entrepreneurial talent. I have a number of artist friends - in various disciplines, not just music - who don't want to deal with the business aspects at all. But the inability of someone to follow a business plan does not invalidate the business plan.

      To rephrase it, I was merely making the point that it is now *possible* to sell to the world *without* a recording company. And if you are able to do that, you do not need to be hugely famous in order to make a decent living. (See the start of this thread.)

    37. Re:Quit wondering and drop the label! by vinniedkator · · Score: 1

      200 hundred years from now how many people will be able to name any band from the 1980's, Bronski Beat aside? I made no assertion that there would be more or less talented musicians. The premise was that listener interest would be the foundation for success or failure of a band not some team of executives chasing the hot dot. I agree that the truly talented musicians would be less able to support themselves, making only 5-10 million a year instead of 10-15 million would be heartbreak, I know. A few less square feet on Cribs would not make me feel sad.

      Without the connection to promotion and distribution labels become simply an ad agency. With promotion their only purpose we may find them as division of large advertising firms. Labels as they are today are rapidly becoming useless and it's only a matter of time before they are dead and gone.

      --
      WARNING: WE HAVE NOT CONDUCTED A FELONY-CONVICTION SEARCH OR FBI SEARCH ON THIS INDIVIDUAL.
  2. "how many more people could be listening..." by voice_of_all_reason · · Score: 0, Troll

    Um, we are listening to your music. We're just not paying. That's the point.

    1. Re:"how many more people could be listening..." by Red+Flayer · · Score: 5, Informative

      " Um, we are listening to your music. We're just not paying. That's the point. "

      No, that's not the point. The point is that the less net-savvy people are not listening to the music, since they can't download it to their iPod due to copy protection.

      Did you read TFA, or are you just spouting garbage because you feel so proud of yourself for getting songs for free?

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:"how many more people could be listening..." by idunno2112 · · Score: 1
      I think you summed it up well:
      "The point is that the less net-savvy people are not listening to the music, since they can't download it to their iPod due to copy protection."
      Some people just don't care about sharing their music with the latest P2P software: they simply want to insert CD, load iPod, press play, adjust the volume to a safe level, and enjoy.

      As for the more net-savvy, I'd like to believe the majority of people download music to "sample" something their don't want to blow $15+ on something they might not like. However, if they do like it, they buy the album.

      If the music industry wasn't busy trying to churn out one-hit-wonders and lip-synchers in search of landfall profits, maybe their "clients" wouldn't feel so cheated when they paid $15+ for a CD that contains one good song. Good bands/artists are becoming a rare commodity and are being over-shadowed by glitz and glamour. However, as an aside, maybe the glitz and glamour will lose to HDTV... http://www.tvpredictions.com/thelist.html.

      The art of music is losing to the greed of business.
    3. Re:"how many more people could be listening..." by Anonymous Coward · · Score: 0

      the "less net-savvy" don't give a shit about DRM, they are just buying the CD

    4. Re:"how many more people could be listening..." by jackbird · · Score: 1
      However, as an aside, maybe the glitz and glamour will lose to HDTV... http://www.tvpredictions.com/thelist.html.

      Aren't most of those people famous for being shot on 35mm film stock and projected onto enormous screens at what's effectively 2k or 4k resolution? If the makeup can hold up at the movies, why not in hi-def?

    5. Re:"how many more people could be listening..." by Red+Flayer · · Score: 2, Insightful

      "ip-synchers in search of landfall profits, maybe their "clients" wouldn't feel so cheated when they paid $15+ for a CD that contains one good song. Good bands/artists are becoming a rare commodity and are being over-shadowed by glitz and glamour."

      Absolutely, though we've been down this road before. The reason it's worse now, in the US, is because radio no longer has any variety. The internet may be able to replace the traditional role of radio in exposing new artists, but I find myself looking to the past to find new (to me) music. I have no desire to listen to whatever crap Clearchannel is pushing... now get off my lawn ;)

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    6. Re:"how many more people could be listening..." by danielk1982 · · Score: 2, Informative

      No, that's not the point. The point is that the less net-savvy people are not listening to the music, since they can't download it to their iPod due to copy protection.

      Both my sisters know nothing about computers and apart from MSN, email and Word don't really have any use for it...oh yeah.. they both have a collection of music spanning hundreds of tracks (started with Napster and continued on with Kazaa and Limewire). I haven't seen either buy a cd in a long time, and its not because of DRM.

      Point is, I think the article is wrong in this respect. Napster ushered in an era that made it easy for regular folk to download music. If you could check email you could get any song you wanted. Whatever else, I think P2P has affected negatively sales of CDs (although the jury is out how much exactly). And certainly if the people are not listening to the musician in the article its not because of DRM. And yes, he should have known that big labels like Sony or EMI are against P2P sharing.

      I do agree with one sentiment though. Customers who do go out and buy a cd are punished for it. They are treated as potential thieves even though they already shelled out money for the CD. They have to deal with DRM and rootkits, while the 'pirates' essentially get a nice DRM-free nohassle mp3 off illegal P2P networks. Thats just bad business.

    7. Re:"how many more people could be listening..." by Red+Flayer · · Score: 1

      I think TFA is referring to the current culture of DRM, not the past... for example, what Sony tried to do with the rootkit. This is particularly true now because of the saturation of PMPs like the iPod -- there is no longer the mess of burning a CD (which used to be expensive) or copying a tape (very lossy) in order to listen to pirated music. The market is very different from what it was when Napster busted onto the scene.

      There's also more of a disincentive to fileshare copyrighted music today, becaause of all the FUD of filesharing lawsuits, and the poor jerks who got singled out by the **AA for prosecution.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    8. Re:"how many more people could be listening..." by Anonymous Coward · · Score: 0

      > Did you read TFA, or are you just spouting garbage because you feel so proud of yourself for getting songs for free?

      He probably tried to RTFA but was stopped by the NYT DRM technology. Can anybody post the article?

    9. Re:"how many more people could be listening..." by ajs318 · · Score: 1

      Just go to the website and sign up with some bullshit information. When asked a question to which the correct response is "none of your bl**dy business" yet not presented with that option, it is perfectly acceptable to lie.

      --
      Je fume. Tu fumes. Nous fûmes!
    10. Re:"how many more people could be listening..." by aztracker1 · · Score: 1

      I like one of the local radio stations in Phoenix, The Edge because they are not a corporate station, they're independantly owned, and tend to play what's requested, not what the labels push... yeah, they play label music, they also play a lot of local, and lesser known bands... fyi, the "quicktime" stream, seems to be straight mp3, I can open the actual content url directly in itunes and winamp, etc... (enable javascript on the listen now page, click the quicktime url, and view the source in the popup window, there is a content url in there, that you can put straight into your mp3 player)...

      Honestly, I love music, but it isn't easy for me to keep up with a lot of stuff, which is why I appreciate a station that isn't so locked into what the labels are pushing...

      --
      Michael J. Ryan - tracker1.info
    11. Re:"how many more people could be listening..." by idunno2112 · · Score: 1

      Watch Leno or Letterman in HD, then you'll understand.

    12. Re:"how many more people could be listening..." by Red+Flayer · · Score: 1

      Thanks, too bad I can't get it on my commute (via train) :)

      Streaming radio is pretty much the only place I turn for new music, I'll check it out sometime this week.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    13. Re:"how many more people could be listening..." by jackbird · · Score: 1

      But isn't that a result of TV makeup/lighting practices needing to catch up, rather than a shift in which celebrities are bankable? I mean, it's all artifice, after all.

    14. Re:"how many more people could be listening..." by budgenator · · Score: 1
      If the makeup can hold up at the movies, why not in hi-def?
      1. it's been a long time since I've been in a movie theater and the image on the screen was projected through a sharp lens and correctly focused
      2. the projected movie probably is a copy of a copy of a copy
      3. the compression in Hi-Def probably exagerates changes so a blemish really pops out
      4. psycological its probably different, kinda like the tubes vs. transistors vs. chips vs. digital thing in audio
      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    15. Re:"how many more people could be listening..." by jackbird · · Score: 1
      1. You've been going to the wrong theaters. For an extreme example, try an IMAX screening of Harry Potter this coming weekend.

      2. Again, you've been going to the wrong theaters. Plus, I'd argue that MPEG compression is way more noticeable than the generation loss between film negative and release print (besides, when have you EVER seen something with less generation loss than a release print projected, unless you were working on post-production for the film in question). Furthermore, with DLP projection from digital source, which is starting to spread, you can't make that argument at all.

      3. I don't see how.

      4. Again, I don't see how. A movie telecined to D5 tape and projected with a DLP looks fine, and that's somewhere around 1080 res, IIRC. Your CRT, plasma, or LCD Hidef set is going to have a lower contrast ratio, but that should improve mattters, not make them worse.

    16. Re:"how many more people could be listening..." by idunno2112 · · Score: 1

      Ok, agreed: it is ALL artifice, but good musicians are real.

      My point is many popular "musicians" aren't as physically beautiful (or talented for that matter) as the media make them out to be; yet the physical beauty of a performer is often of higher value than the genius and talent of a true musician on a medium which is predominantly aural.

    17. Re:"how many more people could be listening..." by budgenator · · Score: 1

      I really don't like the way plasma's look, at least the way they are adjusted in stores. At one point I decided if I was ever going to buy one I'd have to make a VCD with gamma correction scales and a video shirley. Then I saw some projection LCDs and DLPs that didn't look to bad; but still the in-store picture adjustments are pretty pathetic, I'm amazed they can even sell the things.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  3. I can answer by flyinwhitey · · Score: 2, Insightful

    "how many more people could be listening to our music if it weren't such a hassle, and how many more iPods might have our albums on them if our labels hadn't sabotaged our releases with cumbersome software."

    A few more maybe, but my experience is if someone wants the music, DRM won't stop them from buying.

    I'm sure there are a few people who get fired up about it, but I suspect most people don't care all that much.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:I can answer by TheRaven64 · · Score: 1

      I wonder how many people don't know about DRM, but discover that iTunes won't rip their CD and just return it and then pirate the tracks instead, or (more likely) download the tracks instead of ripping them, and then just download the next album instead of buying it.

      --
      I am TheRaven on Soylent News
    2. Re:I can answer by Tinidril · · Score: 1

      I personaly will not buy any album that does not have the CD logo on it. At this point that prety much means I'm not buying any music from the major labels.

      --
      XML is the best data format; unless your data needs to be read or written by a human or a computer.
    3. Re:I can answer by sgant · · Score: 3, Interesting

      I'm sure there are a few people who get fired up about it, but I suspect most people don't care all that much.

      I suppose you didn't hear about the Sony DRM debacle did you? Ok, was being sarcastic there as you'd have to be living under a rock not to have heard about it. Then would you mind revising your statement above as obviously MANY people cared a bunch about that and it put DRM right into the limelight...which the RIAA doesn't want it shown. It doesn't want press about DRM or anything like this. They want the people not to "care all that much". But obviously this isn't going to happen as many people got fired up about the rootkit AND the DRM crap.

      And as you see, now there's even editorials in the frickin New York Times!

      --

      "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    4. Re:I can answer by shawb · · Score: 1

      You won't be able to return a CD because iTunes won't rip it. In general, it is very difficult to return opened CDs, unless there is a physical defect that prevents you from playing the CD. You could claim that since the CD does not follow standard redbook format it is not technically a CD and so was falsely advertised. All that will get you is strange looks from the cashiers and managers; not your money back.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
    5. Re:I can answer by flyinwhitey · · Score: 1

      What does a rootkit in a CD have to do with DRM?

      DRM is NOT the same as a rootkit, and the uproar was over the rootkit, NOT the DRM.

      How many people were buying songs from Itunes? Still are?

      Right, too bad your post isn't indicative of reality.

      --
      How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    6. Re:I can answer by 514CK3R · · Score: 1, Interesting

      The problem isn't with DRM, it's in the poor implementation (Sony + rootkit = makes everyone on the label look bad), as well as artists believing in a little something called "Fair Use". People who get these CDs can't use them in their iPod, and are required to use a "licensed" player. The discs are questioned on Macs (Finnish government wants to make it illegal to listen to copy-protected materials on Mac, since they don't acknowledge the copy protection), and people are questioning whether they "want" a rootkit on their Windows box (I don't have one, but my Grandmother does), and corporate IT dosen't want the rootkits on their networks, so listening to audio at work became a major pain if you choose to do it the Sony way. Personally, I support the artists, I go to their shows, I buy their CDs (as long as it's not on a "Sony/BMG" label. Some people just don't have that option.

      $0.02

    7. Re:I can answer by Sir.Cracked · · Score: 1

      I think you're missing the point a bit. He's not worried about people that have heard of their band, go to get their CD, then stop because they see the DRM markings. He's worried, and rightly so, IMHO, about the people who never get to hear about the band in the first place because of the word of mouth killing effect of DRM.

      Really, Artists don't make all that much money on albums to begin with, as compaired to live shows and merchendise, and what I really see in the future is albums and recordings as advertizing for a band's live shows. I hear an MP3 of Band X. Band X is really good, I go to see Band X's live show. Band X gets paid for their music and work. I hear Band Y's mp3, It sucks, I don't pay to go see Band Y. Simple, effective, rewards quality work directly to the artists, and weeds out the crap. And it seems like this artist almost gets it. He has a lingering mention of not liking his music "pirated" but it's a throwaway comment. The actual money for those albums is already pirated by the Label (in a much more historicly acurate, I get the gold, you get the shaft meaning of Piracy) So why should he care?

      --
      Where are we going, and why am I in this handbasket?
    8. Re:I can answer by quanticle · · Score: 1

      I suppose you didn't hear about the Sony DRM debacle did you? Ok, was being sarcastic there as you'd have to be living under a rock not to have heard about it.

      While the Sony rootkit debacle has taken the tech-world by storm, it has penetrated very little into the general news. Its been mentioned on TV, but there hasn't been any real outrage among the general public. Up until yesterday my family didn't know about the rootkit, because I figured they would pick it up through the general media. However, I've found that the general media has done a great job hushing up the rootkit and covering Sony's ass. Now I'm telling everybody I know about the rootkit, and am finding that many people honestly, truly, hadn't heard.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    9. Re:I can answer by NickFortune · · Score: 1

      Actually, the rootkit was part of the DRM, in as much as it was there to conceal the DRM mechanism and prevent purchasers from trivially circumventing Sony's restrictions software.

      --
      Don't let THEM immanentize the Eschaton!
    10. Re:I can answer by Tuffsnake · · Score: 0

      Well DRM may not stop them from buying it but it may hamper them from sharing it.

      That is, I know many people who carry their ipods on them all the time now ready to share their favorite music at a moments notice (provided they can find some speakers). I don't however, know many people who carry a ton of cd's with them wherever they go and a cd player ready to play for others if they get a chance. Also, some bars/djs are now starting to let people come up with their ipods and play a song or two off of them.

      So what this comes down to is that allowing people to make digital copies of songs allows more portability and therefore a greater chance of music being spread to new listeners...

      Step 1:Remove DRM, make digital copies of music
      Step 2:Share music freely introducing people to new bands/songs quickly and easily and at any time
      Step 3:PROFIT!

    11. Re:I can answer by yfkar · · Score: 1
      The news companies probably have their own money at stake.

      Here in Finland when a controversial copyright law was passed the mainstream media labelled opposing the law a "rebellion of nerds", nerds who want to steal music for free, even if the most controversial parts didn't have anything to do with pirating music.

    12. Re:I can answer by Anonymous Coward · · Score: 0

      I'm boycotting all of the RIAA labels. As a result I'll never listen to his music reguardless of DRM because he's on the BMI label. Those labels are evil and need their air supply cut.

          Michael

    13. Re:I can answer by uqbar · · Score: 1

      Well count me out of your 'experience.' I don't buy DRM'd CDs and I'm boycotting the whole Sony family. When I DJ I won't play DRM'd records on the radio or in clubs.

      Anyhow even if most people don't care, maybe they *should* care that crap software is messing up their machines and eating whole percentage points of their CPU even when the DRM software is not being actively used for listening.

      Just because people are stupid, doesn't make DRM right. For those bands that appeal to a better educated demographic I find it hard to see how they could avoid being affected.

    14. Re:I can answer by Kjella · · Score: 1

      A few more maybe, but my experience is if someone wants the music, DRM won't stop them from buying.

      I'm sure there are a few people who get fired up about it, but I suspect most people don't care all that much.


      You don't think so? People don't understand, but they do care. They want their tech-dohickey do just work, and to work the way they want it to. If they've grasped how to rip a CD in iTunes, they want to be able to do that with every CD. Don't laugh, quite many older people consider that an achievement. A CD that doesn't let them do that is "broken". That is why Sony's little stunt has made such a fuzz. They don't understand what it's about. They just know that if you put a Sony CD in your PC, not only is the CD "broken", your machine can "break". To most people, that means paying an IT shop $$$ to fix it.

      Particularly shit like a rootkit, which your neighbour's kid won't get rid of short of reinstalling the whole machine. Our consumer protection agency went as far as to say that if any Norwegians had purchased such a CD (e.g. over the Internet or second-hand, wasn't sold in stores here) which caused their PC to malfunction, they could charge Sony with the expense. That was unusually clear and unambigious, and I felt it was a direct warning not to pull that kind of crap here.

      The EUCD (aka the Euro-DMCA) made huge headlines here as the "mp3-law" that would criminalize a whole generation. Our own government was voted down by the opposition in parliament. The final law text is still running the circles with EU about whether or not we fulfilled the directive or not, it outlaws circumvention tools but permits circumvention for "relevant playback devices". It certainly has put DRM high on the agenda, and that's not even counting the DVD-Jon case which also got a lot of press. The Sony fiasco made national news here without a single DRM-infested CD being sold here.

      Partiularly among the younger generation, forcing DRM on them is bound to fail. They are not forced to buy CDs. They choose to buy CDs. Primarily, they listen to it on mp3 players or PCs, NOT cd players. There was recently a big survey on it. Hard DRM is to cut yourself off from the market. How can you say that people don't care, when format shifting is the norm, not the exception in the younger generation? Granted, 2 out of 165 representatives had an MP3 player. But if you want to ensure that is the last generation to buy CDs, bring on the DRM. The younger generation know the alternatives, they will not accept it.

      --
      Live today, because you never know what tomorrow brings
    15. Re:I can answer by sgant · · Score: 1

      This isn't true though. This is all over the news, not just the tech news. Hell, there is a VERY white-bread radio show on WGN in Chicago late at night with two of the most non-tech people on the planet and they were even having a big discussion about it...in between giving recipes for Thanksgiving and crap like that.

      And it's getting bigger and bigger. This was on CNN, Fox, MS-NBC etc etc. It's everywhere.

      --

      "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    16. Re:I can answer by ajs318 · · Score: 2, Interesting

      There's a powerful incantation specially designed to deal with shopkeepers:

      Sale of Goods Act 1979, as amended.

      The mere mention of the phrase is enough to send a shiver down the spine of even the hardest retailer; junior sales assistants have been reduced to gibbering wrecks by a particularly powerful rendition. Goods must be of merchantable quality and fit for the purpose described. If you explicitly mentioned at the time of sale that you intended to transfer it to an iPod and were not advised that this would not be easy, then the album is not fit for purpose and you are entitled to a refund. Even if not, if you were given reason to expect that this would be easy, then you might have a case.

      But in any case, you can rip DRM-protected "CDs" to an iPod. You might need Slax if you aren't already a penguin-shagger. Even if your PC is infected by the Sony rootkit, Linux has its own set of drivers and will see the audio tracks just fine.

      This practice is legal as long as you don't get caught. If you are unlucky enough to get arrested, insist to go to Crown Court. As long as there are two people on the jury who have ever taped an album, you'll walk free -- and establish a precedent. The case is most likely to collapse before it gets to trial, so don't bother booking the day off work.

      --
      Je fume. Tu fumes. Nous fûmes!
    17. Re:I can answer by quanticle · · Score: 1

      It also doesn't help that Sony owns a lot of media (e.g. TV/Radio stations).

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    18. Re:I can answer by Thing+1 · · Score: 1
      Granted, 2 out of 165 representatives had an MP3 player.

      Seriously, we should start up a collection to purchase 163 MP3 players, and educate the people who make the laws that control the rest of us.

      Or at least, entertain them! ;-)

      --
      I feel fantastic, and I'm still alive.
    19. Re:I can answer by flyinwhitey · · Score: 1

      "Well count me out of your 'experience.'"

      Don't worry, I was talking about regular people, not irrational, overreactive slashbots.

      So no, I'm not counting you.

      --
      How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
  4. Also Wonders by u16084 · · Score: 0

    How I would get paid if my music is available every where for free, The Musician also wonders if 1/10 people who bootleg my music will buy it.

    --
    -- I Dont Deserve A Sig I Have Bad Karma
    1. Re:Also Wonders by CyricZ · · Score: 2, Interesting

      If your music is good, then people will give you donations (especially if you ask). You most likely wouldn't make millions, but you'd be more than able to get by.

      --
      Cyric Zndovzny at your service.
    2. Re:Also Wonders by ajs318 · · Score: 1

      You would get paid the same way musicians always got paid for years before the invention of the gramophone: by charging admission whenever you perform live.

      --
      Je fume. Tu fumes. Nous fûmes!
    3. Re:Also Wonders by Yaa+101 · · Score: 0

      How about actually work for a living (perform) instead of parasiting forever because you made some nice songs...

      Most other people have to work each day for their money too... really...

    4. Re:Also Wonders by u16084 · · Score: 0

      The phonograph, or gramophone, was the most common device for playing recorded sound from the 1870s through the 1980s. Had to look it up, and to my knowledge they didnt have P2P in 1870. As for paying a fee for a live performance? (some guy already got his cam setup and is streaming it live as free wifi is avail in the area) Its going to be a catch 22. We all have been through this millions of times. People CANT resist "free" Its just SO easy HOW CAN IT BE ILLEGAL? how can it HURT anyone? DRM Restricts use. If you bought it, its yours. I agree. Copy it,ipod it, what ever. As people mentioned, if you REALLY want to share your music, and make $ of donations (fans) Careful where you sign you name. Its a Battle of Good VS Evil. When Captain Picard asks the computer to play some crap in his room who paid for that stream?

      --
      -- I Dont Deserve A Sig I Have Bad Karma
    5. Re:Also Wonders by ricosalomar · · Score: 1, Interesting
      I don't know, ask the Grateful Dead.

      I have been a working musician for the past 25 years. I've been able to buy a nice house, take care of my family, and I'm putting myself through school right now. All the money that I have made has been through live gigs, or studio sessions. The only royalties I have made have been through collective bargaining agreements between my union and various venues.

      The money that is being "protected" by DRM is not the musicians' money, it's the record companies'. And it's clear that their money is not in danger, because the profits of these various conglomerates have gone up by leaps and bounds during this current scourge of "piracy". Just as they did during the last one, and all the preceeding ones, going back to the piano rolls.

      Musicians make money by playing music. Publishers make it by selling music. There is a difference.

    6. Re:Also Wonders by xoip · · Score: 1

      Do a gig...write some tunes...sell music to commercials/movies etc...just don't think that you'd be any better off if you had a recording contract in the days before music sharing. Odds are you'd never sign a deal...and your manager would spend your money for you.

    7. Re:Also Wonders by aztracker1 · · Score: 1

      I remember something about at the height of the old Napster, that The Offspring was the #1 downloaded band on there, and they were doing pretty damned well in sales.

      --
      Michael J. Ryan - tracker1.info
  5. Labels Miss the Point by Trip+Ericson · · Score: 4, Interesting

    I found that piece to be quite interesting.

    What was said at the end, in particular, about the record labels feeling that because it targetted college students with the best access to P2P was the reason to put the DRM on it.

    But the labels obviously don't see that that would only drive college students to download. If one person buys the CD in the college setting and it won't get on his iPod, he'll inform his friends and they won't buy it, no matter how great the CD is, and will instead go onto a P2P service and download it from a Linux/Mac/Shift-key user who ripped it in 10 minutes anyway.

    I begin to wonder if the labels understand cause and effect. And that quite a number of college students are tech-savvy enough to use Linux/Mac/etc. anyway, more so than in the home setting.

    1. Re:Labels Miss the Point by anandsr · · Score: 1

      I think you misunderstand.

      The Label did not select it because they thought the CD will not be bought enough and they will not be able to test the reaction of the public very widely. That is why his CD escaped from being targetted for the software.

    2. Re:Labels Miss the Point by jafac · · Score: 1

      I begin to wonder if the labels understand cause and effect.

      Interesting that you should put it in those terms.

      In Ethics, there are two basic schools of thought, with regard to analyzing a dilemma to determine the ethical choice. The Utilitarian approach says (very simplified here) which ever action's consequence yeilds the greatest amount of good to the greatest number of people. The Rights-based approach says (very simplified), to apply our moral code of rights to the problem, and dwells on a universal standard of right and wrong. The most correct way to analyze the ethics of a dilemma is to use both approaches, and consider all stakeholders, and also consider the legal ramifications, etc.

      It does, indeed, look as though the Rights-based approach was the only side of this issue they looked at before deciding to act. All they thought about was: "It's wrong to copy music, and break the law, and we have the right to protect it - period." And they did not consider the consequences of this decision. Ironic that the folks who usuall harp about people not considering the moral absolutes, are also the same people who loudly tout the "free market" - and they don't realize the inherent conflict.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  6. I love the Slashdot slant by Anonymous Coward · · Score: 1, Interesting

    Slashdot will post a million articles and opinions from anybody on the Internets that hates DRM, yet never post any opinions that defend it. Who has ever heard of this alleged musician in the first place?

    Hey editors, how about some equal time? You don't need to hit us over that head that you think DRM is bad. How about letting us make that opinions ourselves, instead of steering everybody towards that conclusion.

    1. Re:I love the Slashdot slant by ettlz · · Score: 4, Insightful
      Slashdot will post a million articles and opinions from anybody on the Internets that hates DRM, yet never post any opinions that defend it.

      Well, you're here now. So you tell us: what's good about DRM? What's good about taking control of someone's computer? What's good about encumbering CDs with vulnerable, untrustworthy software, surreptitiously installing it, and having it run in Ring 0 so that people can listen to a crude, lossy approximation of the music for which they have paid? What's so damn good about selling broken CDs?

    2. Re:I love the Slashdot slant by AlohaWolf · · Score: 0, Offtopic

      Ring 0, Multics?

    3. Re:I love the Slashdot slant by kclittle · · Score: 1
      You must really be ancient to be using words like "Multics" :)

      (p.s., I got the joke, so I'm ancient, too!)

      --
      Generally, bash is superior to python in those environments where python is not installed.
    4. Re:I love the Slashdot slant by itscolduphere · · Score: 1

      Slashdot will post a million articles and opinions from anybody on the Internets that hates DRM, yet never post any opinions that defend it. Who has ever heard of this alleged musician in the first place?

      Actually, I have. They're not horrid (the musician is the lead for OK Go), but by no means legendary. Had a couple minor hits a couple years ago. Rode the success of bands like The Strokes, if I remember correctly. I think I still have a couple of their songs on my iPod.

      And you won't hear pro-DRM articles here because most people that post on Slashdot are fans of fair use, regardless of whether they are fans of illegal music downloading. DRM restricts both. Add something about babies and bathwater if you feel the need.

    5. Re:I love the Slashdot slant by kamapuaa · · Score: 2, Interesting
      So you tell us: what's good about DRM?

      Here in China everybody downloads music and movies, even though legit CDs are maybe $1.50 and legit DVDs are maybe $2-$3.50. It has absolutely destroyed the industries. Slashdotters love to blame the quality of movies and music for problems in the industry, but the truth is that both Hong Kong movies and more especially Mainland movies are way better than the silly shit they used to have 15 years ago, even as less and less movies are getting made. Johnny To and Wong Kar Wai are the two best directors in the world, and HK actors are as charasmatic as anybody in Hollywood or Bollywood. (On the other hand Chinese pop more or less sucks, but that's always been true).

      I buy pirated DVDs & download movies. Everybody does. But I can't help but feel that as a whole, more and better movies would be made if movie companies were able to restrict the unlimited copying of their movies.

      --
      Slashdot: providing anti-social weirdos a soapbox, since 1997.
    6. Re:I love the Slashdot slant by mumblestheclown · · Score: 1
      Since you got marked up as "+5 insightful" and yet the person you replied to, who made an equally valid and interesting point, did not get marked up at all, we see slashdot's moderation bias in flagrante delicto.

      What's good about DRM? Well, that's like saying "what's good about seat belts? they keep you from moving about as you might otherwise like." The point is that NOBODY likes DRM. I'm sure the labels wish they didnt have to play the stupid, expensive, headache-filled games of reducing the RATE (not absolute, but the *** RATE *** of copyright infringement by playing technological cat and mouse), but the fact is that the reason that it has that way is NOT because of the labels, but rather because the technical and social geniuses of the internet, who keep reminding us of how they are far more honest, englightened, visionary, and fair than the lawyers, politicians, businesspeople, windows users, and everybody else of the world have basically devleoped a complete culture (complete with phony gods, pseudo-intellectuals, questionable economics, self-serving philosophies, blatantly enabling tools, etc) basically centered around justifying their own copy infringement.

      case in point: mention something like "wouldn't it be nice if the same intellectual creativity that goes into finding ways to circumvent rightful copyright holders' attempting to clamp down on illegal infringement of their works actually went into protecting it, instead" and you'll just get an earful about the evil RIAA this, bullshiat "abolish all copyright" idiot philosophy that, the mickey-mouse-copyrigt-extension-justifies-my-downl oading-this-video-that, and so forth.

      The fact of the matter is that the problem is AT LEAST 50% caused by the attitude that has come about here. So.. what is good about DRM? Not a hell of a lot. But don't blame the labels entirely - blame it on the millions of willfully infringing users who have nececcitated it.

    7. Re:I love the Slashdot slant by rkhalloran · · Score: 2, Insightful

      The interesting points in this are (a) it's appearing in The Gray Lady, which gives it a certain weight over a mere web post, and (b) it's coming from someone in the music business, even if a small-time player, vs. one of us tech-types simply bemoaning the eee-vuls of DRM.

    8. Re:I love the Slashdot slant by arevos · · Score: 4, Insightful

      Unfortunately, DRM doesn't prevent people from making a copy of a file. What it does do is make it more difficult and illegal to make a copy; neither of these are sufficient barriers to stop a person from copying the file if they really want to. Thus, DRM does not prevent piracy; that's a myth.

      However, DRM is very good at preventing legal copying of files. You can stop a customer from copying the music from their CDs to their MP3 player, which means that the customer will have to buy their music again in MP3 form - all the more profit for you. Similarly, you can use DRM to prevent your competitors from accessing your online music service, and use it to prevent free markets arising.

      DRM is an excellent tool for restricting consumer freedom and choice. But that's all it's good for.

    9. Re:I love the Slashdot slant by Anonymous Coward · · Score: 0
      You're absolutely right! And with all this modern technology, it would be a snap for those mean ol' editors to let us post hyperlinks in our comments so that we could direct people to the pro-DRM articles.

      Damn them for stifling our opinions!!!

    10. Re:I love the Slashdot slant by VaderPi · · Score: 1
      Who has ever heard of this alleged musician in the first place?

      Um, I have. It said down in the bottom of TFA that he is the lead singer for OK Go. I bought their first album while I was in college, but only after I had grabbed a few tracks off of Napster (the first one). That is the album that I listened to over and over while I was working on my compilers project.

      So, to get to my point, I think that he knows what he is talking about, and maybe you should read the article before bitching next time.

    11. Re:I love the Slashdot slant by arevos · · Score: 1
      The fact of the matter is that the problem is AT LEAST 50% caused by the attitude that has come about here. So.. what is good about DRM? Not a hell of a lot. But don't blame the labels entirely - blame it on the millions of willfully infringing users who have nececcitated it.

      Which would be fair enough, if DRM prevented copyright infringement. Which it doesn't.

      DRM cannot prevent a user from illegally copying a file. DRM can make copying more difficult, but this isn't going to prevent a determined attacker from breaking in, and once the DRM is broken on a file, that file can then be copied by anyone else in the world.

      What DRM is good for is stopping people legally copying or moving your files, because that would involve breaking the DRM scheme. It's an excellent way to restrict consumer choice and to prevent free markets arising. It's an effective tool against competition, and against traditional consumer rights such as Fair Use.

      Most /.ers don't feel that the above is a good thing.

    12. Re:I love the Slashdot slant by mumblestheclown · · Score: 1
      Let's pretend for a moment that your basic thinking is true: one, that your baseless empirical statement is true that DRM doesn't prevent copyright infringement and two, that the ONLY effect of DRM is to prevent legal owners from doing legal things.

      I think that you are completely wrong on #1 and probably only very marginally correct on #2, but #1 negates this (I am in the software business and know as a 100%, indisputable fact that the DRM that we put on our products increases sales and decreases piracy.)

      Anyway, let's ignore this for a moment. Now I ask you this: hopefully as I write to you you are an intelligent person who recognizes the social good of a limited copyright and general intellectual property protection for creators and rightsholders as a Good Thing and NOT some "abolish all copyright now" idiot.

      Now, putting aside all your marginal thoughts and objections to issues relating to, for example length of copyright duration, let me ask you this simple question: what should rightsholders currently do to protect their legal rights and economic well-being, given an ever-more pervasive culture on the internet that basically condones piracy.

      Please answer the question from their standpoint, taking into consideration both a large and small rightsholding entity (individual, company, whatever).

      I dare you (and any other reader) to come up with a plausible, workable solution that involves neither of economic suicide, economic fantasy ("give away the music but sell T-shirts / concert tickets"), legal action against infringers, or DRM.

      Infringement no more obsoletes a business model than guns obsolete banks.

    13. Re:I love the Slashdot slant by Anonymous Coward · · Score: 0

      I can't help but be amused that your comment immediately got modified +5 insightful for repeating the same opinion everybody else states, without addressing what I was even talking about. DRM does not (necessarily) equal Sony installing rootkits, so there's no reason to spread FUD, even if you feel it to be a righteous issue.

    14. Re:I love the Slashdot slant by 1point618 · · Score: 1

      I've heard of him. His band, OK Go, is pretty popular among the college indie kids. I went up to see him and his band play with Rufus Wainwright in Northampton, MA (I go to school in New Haven, CT) and I swear half the kids were there to see OK Go dance. Link via OKGo.net, where you'll find both the band's albums in streamable format, the whole things, as well as a bunch of movies, a podcast, a blog... these guys like thier listeners.

    15. Re:I love the Slashdot slant by arevos · · Score: 1
      I can't help but be amused that your comment immediately got modified +5 insightful for repeating the same opinion everybody else states, without addressing what I was even talking about. DRM does not (necessarily) equal Sony installing rootkits, so there's no reason to spread FUD, even if you feel it to be a righteous issue.

      The original post asserted that "more and better movies would be made if movie companies were able to restrict the unlimited copying of their movies". I pointed out that DRM does not prevent piracy. How does that not address what you are talking about?

      You say that what I wrote is FUD, but fail to say why. Nor do I understand why you mention Sony's rootkits; I didn't mention Sony at all in my previous post. Perhaps you should back up your claims with coherent arguments?

    16. Re:I love the Slashdot slant by arevos · · Score: 1

      Let's pretend for a moment that your basic thinking is true: one, that your baseless empirical statement is true that DRM doesn't prevent copyright infringement and two, that the ONLY effect of DRM is to prevent legal owners from doing legal things.

      I think that you are completely wrong on #1 and probably only very marginally correct on #2, but #1 negates this (I am in the software business and know as a 100%, indisputable fact that the DRM that we put on our products increases sales and decreases piracy.)

      Whilst we're assuming for the sake of argument that DRM doesn't work, let me attempt to explain why this is so in the real world. Classic encryption attempts to allow a recipient to decode a message, without an attacker being able to. In DRM, the attacker and the recipient are the same person. DRM works by hiding the encryption keys somewhere on the computer. This can delay an attack, but not to prevent one, since the encryption keys are stored on the attacker's property. All the attacker has to do is watch the DRM program to see where it gets the keys from, and then to replicate the process. And once the DRM is cracked, then there is no longer any limit to the amount of times that file can be copied.

      There are many intelligent people on this planet; all it takes is for one person to crack the DRM, and it's all over. This is why DRM cannot prevent piracy. Anyone with a rough working knowledge of encryption can tell you this.

      Anyway, let's ignore this for a moment. Now I ask you this: hopefully as I write to you you are an intelligent person who recognizes the social good of a limited copyright and general intellectual property protection for creators and rightsholders as a Good Thing and NOT some "abolish all copyright now" idiot.

      Now, putting aside all your marginal thoughts and objections to issues relating to, for example length of copyright duration, let me ask you this simple question: what should rightsholders currently do to protect their legal rights and economic well-being, given an ever-more pervasive culture on the internet that basically condones piracy.

      I recall reading an article by a cryptographer who had pointed out that DRM was essentially useless for the purposes of combatting piracy, and was asked a similar question to the one you pose. In a nutshell, his response was: "I'm just telling you the facts. If you don't like them, that's not my problem." Equally, physicists will tell you that you cannot travel faster than light, which may put a damper on your planner vacation to Alpha Centurai, but guess what? That's not their problem either.

      However, I'll do my best to come up with some answers to the question you pose all the same, as I myself am a professional content producer (in software, rather than music).

      Firstly, I think it's a mistake to assume that people are basically dishonest, as there are many examples, even on the internet, that show that people are willing to pay for services that can be had for free. Consider; do you believe that there are any songs that cannot be found on a P2P network, and which can be found on something such as iTunes? Of course not. So why are people using iTunes? Clearly there's a market for legal music distribution, and just as clearly, the DRM on iTunes AACs doesn't prevent these songs showing up on P2P networks.

      Secondly, content holders will still have the advantage over copyright infringers, because legal content distribution is always cheaper than illegal content distribution. There is a not insignificant cost to distributing content illegally; in the form of lawsuits (multiply probability of being caught by the average amount of money they'll fine you), in the form of decentralisation inefficiencies, in the form of anonymising algorithms that put security over speed, in the form of usability. A content holder can provide a better

    17. Re:I love the Slashdot slant by mumblestheclown · · Score: 1
      blah blah blah ...h the DRM program to see where it gets the keys from, and then to replicate the process. And once the DRM is cracked, then there is no longer any limit to the amount of times that file can be copied.

      Returning to the real world: does the use of a lock on the front door of your house "prevent" thieves from coming in and stealing things? no... it simply reduces the likelihood of them doing so. Should you go on holiday, and one thief breaks the lock, all subsequent theives can steal whatever stuff the previous theif left, right?

      Ah - but what if you don't go on holiday? What if you come home every night and change the lock, regardless of whether or not it was broken or not? Yes, a thief might break it one day and get some stuff, but he won't be able to come back the next day unless he goes through the same laborious process.

      Your "real world" point misses a very real reality: that "stopping" piracy is about reducing the rate of infringement. To give you some idea: the existence of spyware and trojans reduces the rate of software piracy. Why? because people who have been burned who aren't technically savvy begin to associate, say, eMule with "the place where I got spyware from last time because I downloaded keygen.exe" A business guy who 4 years ago could just do a google search for "newprogram serialz" for an algorithmically passing serial number now has to contend with either a more complicated crack or some other mechanism - including ones that cleverly claim to be a successful unlock and then report back to the company the IP address, etc of the infringer for the basic purpose of making a civil claim against his company. All these things CAN and DO help. Your philosophical result is true in only some ideal sense.

      The "war" against copyright infringement is like a war of your hands vs bacteria. neither side ever wins unless one side just gives up, but it *is* possible to be cleaner or dirtier than another, depending on how often you clean and where you stick your hands in the first place.

      Secondly, content holders will still have the advantage over copyright infringers, because legal content distribution is always cheaper than illegal content distribution. There is a not insignificant cost to distributing content illegally; in the form of lawsuits (multiply probability of being caught by the average amount of money they'll fine you), in the form of decentralisation inefficiencies, in the form of anonymising algorithms that put security over speed, in the form of usability. A content holder can provide a better service than illegal competitors; people will pay for this.

      This is comedy gold. Do you even believe or read what you are writing? While your last sentence above is true, the rest is not worthy of a response.

      Courtney Love offers some options on the matter. She appears to be of the opinion that most artists make little enough money off the music that they might as well be giving it away for free, DRM or no.

      Sigh. Oft debunked nonsense (well, she overexaggerated greatly). But even if it were 100% true, it misses the point - if you dont like the deal, DONT SIGN ON THE DOTTED LINE. The internet offers myriads of ways for self publishing - why not use them?

    18. Re:I love the Slashdot slant by arevos · · Score: 1
      (I am in the software business and know as a 100%, indisputable fact that the DRM that we put on our products increases sales and decreases piracy.)

      I overlooked this sentence in my previous post; to err is human and all that. I too am in the software business, and I was wondering how you know it is a "100%, indisputable fact" that the DRM you put on your product increases sales. This seems a rather strong assertion to make. Did you have a control group? How big was your sample space? To be as 100% sure as you are, your company must have spent a good many years of research and a significant sum of money getting that certain.

      Also, as I'm sure you're aware, Software DRM is somewhat different from music/video DRM. Music has to work offline, whilst software can use online verification. Software is usually marketed to a smaller market, with unique DRM systems for each product. Music DRM, such as the one for iTunes, is the same for all tracks. And if all that fails, one can grab the output from the soundcard and convert it to FLAC or somesuch. All which make music considerably easier to pirate than software products.

    19. Re:I love the Slashdot slant by arevos · · Score: 1
      Returning to the real world: does the use of a lock on the front door of your house "prevent" thieves from coming in and stealing things? no... it simply reduces the likelihood of them doing so. Should you go on holiday, and one thief breaks the lock, all subsequent theives can steal whatever stuff the previous theif left, right?
      Ah - but what if you don't go on holiday? What if you come home every night and change the lock, regardless of whether or not it was broken or not? Yes, a thief might break it one day and get some stuff, but he won't be able to come back the next day unless he goes through the same laborious process.

      Ah yes, but that's the "real world", as you so precisely point out. Copyright infringement works a little differently. Once a pirate breaks DRM on a song, they may copy as they please, which usually includes copying it to P2P networks, where anyone can access it. DRM has only to be broken once for it to become useless.

      Secondly, anyone online can have a crack at breaking the DRM, at little to no risk to themselves. In the real world, a thief is hardly likely to fly from Australia to have a crack at opening my locks. And thievery is a risky business. Breaking DRM is not, as it is ridiculously easy to post an anonymous message online.

      Even changing the locks is of limited use, as all the files downloaded with the old lock can still be broken into. Changing the locks protects against future cracks, but closing the gate after the livestock have escaped isn't going to do anything for the files that have already been downloaded.

      A business guy who 4 years ago could just do a google search for "newprogram serialz" for an algorithmically passing serial number now has to contend with either a more complicated crack or some other mechanism - including ones that cleverly claim to be a successful unlock and then report back to the company the IP address, etc of the infringer for the basic purpose of making a civil claim against his company. All these things CAN and DO help. Your philosophical result is true in only some ideal sense.

      Software is somewhat different from music and video, since music and video are datastreams, and thus must somehow be delivered intact through our eyes and ears without being intercepted along the way, whilst software is not directly interpretted; only its effects are. Also, software can have online checks, whilst music and video have to be playable offline. This makes the two mediums quite different.

      Further, each piece of software can have a different DRM technique, whilst large collections of music are protected by the same DRM algorithm. Music has a more general audience, whilst software has more specific audiences - and those rare pieces of software that are big enough to warrent attention can be found cracked on P2P networks just the same as the latest chart-topper. Also, as you point out, spyware and malware can disguise themselves as game cracks. Playing a copied MP3 or AVI won't infect your computer.

      This is comedy gold. Do you even believe or read what you are writing? While your last sentence above is true, the rest is not worthy of a response.

      Excuse me? Are you seriously claiming that there are no drawbacks whatsoever associated illegal content distribution? I'm sure I'm completely misunderstanding what you're trying to say, or you've totally misunderstood me.

      Or are you trying to dodge the argument by writing it off as 'comedy gold'?

    20. Re:I love the Slashdot slant by mumblestheclown · · Score: 1
      Excuse me? Are you seriously claiming that there are no drawbacks whatsoever associated illegal content distribution? I'm sure I'm completely misunderstanding what you're trying to say, or you've totally misunderstood me.

      Totally misunderstood you? You went from a bizzarrely incorrect argument that it's more expensive to deliver something via pirate means than through legitimate means and now have backpeddled this via not-so-clever verbal gymnastics into a much weaker contention that i somehow claimed that there are no drawbacks associated with content distribution. For that assinine comment alone, you get a hearty *PLONK*.

      Nice try as well for attmepting to claim somehow that software protection is not DRM. Way to go, champ.

    21. Re:I love the Slashdot slant by mumblestheclown · · Score: 1
      Yes, yes, and yes. We have two virtually identical products with different approaches to DRM, etc, and the results are basically a 100% certainty. We're talking about tens of thousands of purchaed products in the field and data points so obvious that they're basically undeniable. I dont mean to be so clear cut, and this being slashdot I dont want to spill who we are, etc. but I can say with all honesty that yes, a strong DRM solution has 100% (or within 10 sigma or whatever other metric of "well beyond reasonable doubt certainty") absolutely been in this case beneficial from a business standpoint in making one product significantly more profitable than the other.

      Incidentally, the product without strong DRM was that way at first because we had figured that the user base was 'professional' and was unlikely to pirate. this turned out to be a false assumption. v2 of that product has had strong DRM and sales have gone up many more times despite the fact that the product is essentially similar.

      In short, you can question my methodology and this being slashdot you will reach some point where I just wont tell you because this is slashdot and i'd rather preserve my relative anonymity than spill all the beans, so please just trust me when i honestly say that DRM has paid off for our small/medium company in a very very very obvious way.

    22. Re:I love the Slashdot slant by arevos · · Score: 1
      Totally misunderstood you? You went from a bizzarrely incorrect argument that it's more expensive to deliver something via pirate means

      That's it, that's my argument, right there! Distributing content illegally is inherently more costly than distributing content legally. Note that I'm talking about cost in an economic sense, ie. "The expenditure of something, such as time or labor, necessary for the attainment of a goal". Therefore I count bandwidth and the time to locate files as costs, as I alluded to in my original argument.

      However, I cannot for the life of me understand why you think this is a bizare argument. It seems so obvious as to be almost self evident. But, I have spent some time looking into P2P technologies, so perhaps these things are obvious to me and not to others who may not be so well informed.

      Consider; lets say I put a Britney Spears album up on my website, and allow people to download it via bittorrent. The economic costs for this will be some of the bandwidth, plus the legal fees incurred when I get sued for copyright infringement (lets say $20'000). If I put up an album that I myself have created, then I must only pay for the bandwidth. In this example, distributing illegal content is more expensive than distributing legal content.

      By using a decentralised P2P network like Kazaa, I can vastly reduce the probability of being sued, but not completely reduce it. In economic terms, the cost is calculated as the legal costs multiplied by the probability of being sued. For instance, if I have a 1 in 10'000 chance of being sued for each song I download, and the legal costs are the same as my previous example, then the economic cost of each song is $2. However, this reduction in cost comes at a increase in search time, and a decrease in bandwidth. It's harder to find files through a decentralised P2P system, than it is to find them through a centralised search engine such as iTunes.

      I can reduce the chance of being sued to near nil, by using a psuedononymous network like MUTE or GNUnet. However, this again results in a significant increase in search time, and a considerable decrease in bandwidth.

      So long as I'm sharing illegal content, I have to choose between covering my tracks, or getting sued. These are the costs associated with illegal content sharing. If I were to distribute my own music, I would not have these costs. Nor are there any extra costs with distributing legal music, compared to distributing illegal music; I can still use Kazaa or Bittorrent if to distribute my own songs, and not have to worry about covering my tracks, nor getting sued by the RIAA.

      Therefore, illegal content distribution is inherently more costly than legal content distribution. QED.

      Do you understand now?

      Nice try as well for attmepting to claim somehow that software protection is not DRM. Way to go, champ.

      I claimed no such thing. The article /. linked to is by a musician, who talks about DRM on music. In my original comment, I was arguing against DRM on music (and video, incidentally), though I did not explicitly mention this, which was probably a mistake. When you started talking about software DRM, I pointed out the differences between software DRM and music DRM. I was not arguing that software protection is not DRM. I was arguing that DRM on music is a different animal from DRM on software, and that music DRM is significantly less effective for reasons I have already listed in detail.

    23. Re:I love the Slashdot slant by arevos · · Score: 1

      I tend toward being a skeptical person, so forgive me if I don't take your word for it. However, I fully understand your preference to anonymity, so I shall not pursue it.

    24. Re:I love the Slashdot slant by petermgreen · · Score: 1

      DRM does not (necessarily) equal Sony installing rootkits
      drm in general relies on making a users computer work against the user, that pretty much requires rootkit like behaviour. The only reason sony got in so much shit over this one was they made thier rootkit availible for other apps to hide with by mistake.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  7. Registration by Anonymous Coward · · Score: 0

    Stupid registration. When are companies going to realize that for every subscription based news source, there are 100 free ones.

  8. Cory on DRM by CaptainZapp · · Score: 4, Informative
    No DRM discussion is whole without a link to Cory Doctorows excellent speech on that issue.

    I wish some of the entertainment industry execs would click that link and get a fucking clue.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

    1. Re:Cory on DRM by PhilHibbs · · Score: 1
      The DVD is your property and so is the DVD player, but if you break the region-coding on your disc, you're going to run afoul of anticircumvention.

      That's what happened to Jon Johansen, a Norweigan teenager who wanted to watch French DVDs on his Norweigan DVD player. He and some pals wrote some code to break the CSS so that he could do so.
      Did he? I thought it was to watch them on Linux. Norway and France are in the same DVD region.
    2. Re:Cory on DRM by Anonymous Coward · · Score: 0

      Yes, he really did write code to break the CSS just so he could watch it on his DVD player.

    3. Re:Cory on DRM by Buelldozer · · Score: 1

      Excellent read, thank you for posting it!

      Cory touches on one of the frustrating things about Microsoft, as the largest of large Gorillas they truly have the power to change the industry for the betterment of their customers...but they don't. They are too busy pandering to "groups" and they are losing sight of who their customers are!

      I think it's one of the reasons that so many people are all sunshine and butterflys about Google. We *want* to take away the power that we've given MS and transfer it to someone who will use it to make life better for *us*.

      It's an odd way of looking at it, but I believe the more you think about it the more truth you will see in it.

  9. skip the hassle by digitaldc · · Score: 4, Informative

    "As for musicians, we are left to wonder how many more people could be listening to our music if it weren't such a hassle"

    Ok, go here: http://www.okgo.net/music_music.asp

    Best of luck to the band!

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:skip the hassle by dsgitl · · Score: 1

      I'm glad you posted that. I missed the article in my first go-round at nytimes.com, and if I knew OK Go's lead singer had written something, I would have read it. OK Go's a good band and deserves the attention this article will give them.

    2. Re:skip the hassle by moosesocks · · Score: 1

      "As for musicians, we are left to wonder how many more people could be listening to our music if it weren't such a hassle"

      A lot. OK Go is a reasonably popular indie band. I don't think any radio stations played their music until very recently.

      How do you think they got their popularity? Chances are that it's the same way I heard of them. A friend emailed me a few mp3s from their most recent album. I liked it a lot, and brought a few of their tracks off of iTunes.

      When I heard that they were playing in town, I went down to see them, brought their older CD, met up with and chatted with the guys from the band afterward, and they saw us holding our CDs, and offered to sign them. They're really good guys (and funny too).

      THIS is the future of music. It's much more personable and community-oriented. I know for a fact that for the same amount of money as it would have cost to go out and buy all their music on CD, I got to see them live, share a few laughs with the members of the band, and still wind up with one of their CDs (signed) --- and the artists without a doubt received a bigger portion of that money this way.

      The record companies are scared shitless because their illusion that there are very few talented musicians is beginning to fail. Granted, musical talent IS a rare gift, but it is certainly not limited to the Top 40 signed artists.

      --
      -- If you try to fail and succeed, which have you done? - Uli's moose
  10. There is no defense for "rights management". by CyricZ · · Score: 1

    That is because there is never a defense for the concept of corporate-controlled "rights management". That should hold especially true in a place like the United States, where the people always claim to hold rights and freedoms in high regards.

    --
    Cyric Zndovzny at your service.
  11. I smell something fishy. by moultano · · Score: 0, Offtopic

    He must be a slashdot reader. That's just too much of a coincidence to be believed!

  12. Lairs and Cheats. by AlohaWolf · · Score: 3, Interesting

    If you always treat people as if they are out to lie to you and steal from you, they WILL lie to you and steal from you.

    1. Re:Lairs and Cheats. by xplenumx · · Score: 1
      I tend to agree. However, I've been lied to, stolen from, and taken advantage by plenty of people who I did not assume to be stealing or lying. I've since learned that in order to survive, one must trust others a little bit less and protect one self just a bit more.

      Fool me once, shame on you - fool me twice, shame on me.

    2. Re:Lairs and Cheats. by Anonymous Coward · · Score: 1, Interesting

      Not entirely true, but you're point has some merit as pocket psychology. If you have a mistrusting schema you'll focus on and remember those times when they DID lie cheat and steal much more so than the positive experiences.
      On topic - I've seen quite a few record contracts, indeed I've been offered one myself. I produced an album many years ago and went all the way to the contract stage. Fortunately for me, but unfortunately for the record company and the rest of my band I came to it as a more mature person having already studied some law as part of my degree. I looked through the contract and understood it, then flatly rejected it. Needless to say the band were furious. They were pressured into cutting me out, but between me being the major writer and them having a modicum of decency and loyalty we stood together and let the contract slip by. At the time I felt so conflicted, throwing away a 'dream' but sticking to principles. I wish I had it here to quote you some clauses, just use your imagination, think SONY EULA, it was awful. What is worse is that the record company people were really nice dudes, but being a non-independent subsidiary of a major their hands were tied and they were only able to offer this contract. Looking back now I'm glad I never signed it, and as a bonus I still have a 48KHz master of the album which I am free to put up on the internet. Something I am planning to do one day quite soon. Now we're all grown up we laugh about it and how far down the road we went towards being taken in on what was basically a 'confidence trick'. When you hear all that flattery and promises a little alarm bell starts ringing, you know deep in your heart that you aren't the next Nirvana or the next Beatles, but they act as if you are. That alone should be enough to touch off the intuition inside that says "Too good to be true". It always is.

  13. Re:Registration - BugMeNot by DoorFrame · · Score: 2, Informative

    Eh, ButMeNot.

  14. They should have done some research. by CyricZ · · Score: 2, Insightful

    Some very basic research, even just a few Google searches, would have made them aware of the risks of dealing with these labels. It's no secret that they royally fuck over a lot of artists.

    I don't feel bad for people who sign an agreement with somebody without researching the other party's background and history. A quick Internet search would have revealed 20/20 hindsight as recorded by others who have been screwed over by the major labels.

    --
    Cyric Zndovzny at your service.
    1. Re:They should have done some research. by 91degrees · · Score: 3, Insightful

      Okay - so what's the choice?

      You sign a restrictive agreement with a cartel that has absolute control over all marketting channels, or you wallow in obscurity forever. Are you surprised that some people go for the restrictive contract? It's the best they can get.

    2. Re:They should have done some research. by CyricZ · · Score: 1, Interesting

      It doesn't surprise me that some artists go for restrictive contracts. But then again, perhaps they're not really true artists.

      "Obscurity" is quite relative. OpenBSD is fairly obscure in the big picture, but that doesn't mean it's irrelevant. It has its niche, and it works there very well. It has many supporters. And the project gets by just fine. The same would go for many artists. If they produce quality music, then word will spread and they will gain fans. Many of the fans will offer financial support. They may not be a household name, but they'll still get by financially.

      --
      Cyric Zndovzny at your service.
    3. Re:They should have done some research. by Richard+W.M.+Jones · · Score: 4, Insightful

      You sign a restrictive agreement with a cartel that has absolute control over all marketting channels, or you wallow in obscurity forever.

      I think you really hit on it there. The cartel has control over all marketing channels, except one -- the Internet. But they're desperately trying to gain control over that one.

      Think how much better a situation we'd be in if we just had compulsory licensing for Internet trading. In effect you'd pay a small tax on your broadband connection, and share files without limits. A rights collection organisation would be responsible for periodically analysing the sharing traffic and working out how to apportion the revenues of the tax to the artists, in proportion to how many people are listening or sharing their music.

      Bands would actually compete to make better music and try to get as many people to share and listen to it as freely as possible.

      Rich.

    4. Re:They should have done some research. by quanticle · · Score: 2, Insightful

      Think how much better a situation we'd be in if we just had compulsory licensing for Internet trading. In effect you'd pay a small tax on your broadband connection, and share files without limits. A rights collection organisation would be responsible for periodically analysing the sharing traffic and working out how to apportion the revenues of the tax to the artists, in proportion to how many people are listening or sharing their music.

      So why should I pay the tax then, when I'm not sharing any music? I don't think that we should tax every new medium for carrying music in an effort to prop up the recording industry's aging and outdated business model.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    5. Re:They should have done some research. by 6*7 · · Score: 1

      This system is already in place in the many countries that tax media like tapes, cd/dvd and hd. I guess it works great since nobody ever complains about piracy and the artists get heir money.

    6. Re:They should have done some research. by 16K+Ram+Pack · · Score: 1
      It's a question of how good you are, how much money you want, how much freedom you want.

      Quite a lot of people in the UK are signed up with indie labels, and whilst this means they don't have an apartment on Park Lane, they do have a good living. They also have a huge amount of artistic control.

      These artists often do well as a result of grass roots promotion. Played by DJs who champion the music, or as a result of great live performance or word of mouth. Most fans of The Fall didn't hear them on MTV.

    7. Re:They should have done some research. by Richard+W.M.+Jones · · Score: 1
      You're saying you never listen to any music at all, and never watch any TV or films at all, and never buy or read books?

      Since any music listening / CD purchasing / radio listening / TV watching / film watching / book reading would likely be replaced by a much more efficient Internet model, you'd literally have to be doing none of those things to want to avoid the broadband tax.

      Sorry I didn't make it clear in my original posting that compulsory licensing could apply to all forms of sharing.

      Rich.

    8. Re:They should have done some research. by geoffspear · · Score: 2, Insightful
      The objection is that people who "share" little or no copyrighted music/text/video would be forced, under your plan to subsidize those who "share" lots and lots of materials.

      I'm happy to pay the distributors for the few songs I want to download to put on my iPod (most of what's on there I ripped from my own CD collection, which stopped growing years ago. I have no real desire to have very much new music); I don't want to pay for every teen in the country to fill their own with 4000 crappy pop songs and to download every new movie that comes out of Hollywood.

      --
      Don't blame me; I'm never given mod points.
    9. Re:They should have done some research. by Irish_Samurai · · Score: 1

      Yeah.

      If you want to be an artist, your work is its own reward.

      If you want to be well known, well I think your priorities shouldn't be aligned with artistic.

      The choice comes back to the person (or group) making the choice. Eventually they have to decide whether the art is the focus or money and fame. If you opt for money and fame, I don't blame you - but you're no artist at that point. You need to deal with the fact that you are now in the business of manufacturing a product.

    10. Re:They should have done some research. by Shakrai · · Score: 2, Insightful

      They may not be a household name, but they'll still get by financially.

      And while they are "getting by" some other artist will have become a national name thanks to the RIAA marketing droids and ClearChannel. His music may not be (probably isn't?) as good as your guy -- but he's the one with the North American tour that pulls in a cool million or so at each stop.

      Is it really that hard to understand why RIAA has the power they do? If you could sell a small number of CDs/mp3s on a website and collect all the money -- or sell a large number of CDs from a label and collect little to nothing but become a big enough name that you can go on tour and make millions -- tell me, what would you do?

      If we all think RIAA is as bad as we say (I do) then let's do something about it. The Indie artists should get together create their own label that makes fair contracts with the artists and treats the customers like customers and not criminals. Hire a few disillusioned marketing droids from RIAA labels, make some contacts at ClearChannel. If you run the business properly then in a few years you'll have the same marketing power that RIAA does and they won't have everybody (artists and consumers) by the balls like they do now.

      The talent is already there. We just need the business sense.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    11. Re:They should have done some research. by 91degrees · · Score: 1

      The objection is that people who "share" little or no copyrighted music/text/video would be forced, under your plan to subsidize those who "share" lots and lots of materials.

      But they wouldn't. The only reason it looks that way is that current copyright assigns a value to each copy of a work.

      It's not a zero sum game. You pay that much, and you're entitled to download as much as you want. Someone else downloading far more than you is not going to remove your right to download as much as you want. If everyone downloads twice as much of everything, then the artists stil get the same amount of money (as they should - they did the same amount of work). You get more, they get more. The creators get as much as they did before. Everybody wins.

    12. Re:They should have done some research. by Who+Man · · Score: 1

      I'll risk sounding like a looney Libertarian, because I pretty much am one...

      Why don't we just have a tax for all media so we can consume as many books, movies, TV shows, whatever, as much as we want?

      Why don't we have a tax for healthcare so we can all get as much healthcare as we want?

      Why don't we have a tax for cars so we can all have a car?

      Since we all have cars, why not a tax for gas so we can all have as much gas as we want?

      Why don't we have a tax for phones so we can all talk on the phone as much as we want?

      Hell, why don't we just have a tax for everything, and we can all get as much of whatever we want? That would be utopia, right?

      Obviously, free music does not equal a free car, but the point is: we do have to draw a line. Tax is theft: taking from one person and giving to another. We probably need tax for tanks and roads and police. But do we really need tax for music? I'm not sure, but I am sure I don't want to keep moving the line.

    13. Re:They should have done some research. by Richard+W.M.+Jones · · Score: 1
      Well actually in Europe we do have universal taxation and provision for some of these things, to at least some degree (healthcare and food in particular), and the system works reasonably well.

      Rich.

    14. Re:They should have done some research. by geoffspear · · Score: 1
      Yes, but I don't want to pay to be "entitled" to download content I don't want.

      Lets say all of the content creators right now are getting $100 from the average person per year. Under your proposal, for the creators to get the same amount under the new system, each person would have to pay a $100 tax to entitle them to download as much as they want.

      It doesn't take a PhD in mathematics to figure out that people who are paying less than the average amount for content now are going to get screwed, and people who are paying more (or, for that matter, paying nothing but still taking materials that they're not entitled to now) come out ahead.

      If I consume $10 worth of content, why should I pay $100 to subsidize the people who buy or "share" $1000 worth of content?

      And in a world where people don't think it's fair to have to pay taxes to try to keep desperately poor people at some minimum standard of living, what makes you think there will ever be widespread support for forced subsidization of entertainment for people who can already afford a computer and Internet access?

      --
      Don't blame me; I'm never given mod points.
    15. Re:They should have done some research. by nutrock69 · · Score: 1

      - Everybody wins.

      Except the RIAA, who very desperately want to keep their pay-per-play model (ie: more money than god redirected to them). That pretty much means they'll spend an obcene amount of money buying a law to make such a project illegal.

      Just voicing the Devil's advocate. Personally, I like the suggestion. The only real problem is that it's a sure bet they're going to make the tax too large to satisfy everyone, and there will be a very large contingent of protesters who don't plan on using it at all who will (rightly) be claiming they're being unfairly taxed no matter how much you claim that everyone is equal under this plan. In today's political climate, this will probably need to be privatized (in the US - and probably to a crony of whichever corrupt politician is in power at the time) and introduced as either an "In or Out" option or with a tiered pricing structure. I would be behind this 100% as long as the fee wasn't extortion.

    16. Re:They should have done some research. by 91degrees · · Score: 1

      You're satill making the mistake of treating data as a physical object. Nobody's consuming anything. You download data. It's still there. But everyone's getting more content that they're paying for. It's worth different amounts to different people. If it's worth less that $100, then you won't pay it. You'll simpyl do without broadband internet. If it's worth more than $100 to you then you will. Media does not have some inherent worth. The worth of data is the amount someone is willing to pay to get that data.

      It's no less fair that the current system. Under the current system, ten people want me to create something for them. I do so and charge them $10. They each get the data for $1. Then you ask me to create something for you. I charge you $10. You're getting screwed because I charge 10 times as much to you as I did to them. I get the same amount either way.

      As it happens, I think the whole system is flawed for various reasons. One being that people don't realise just how much they spend on media in a year, and would balk at the idea of actually paying that much if they did realise. another is that it means there is a fixed amount of money available for creativity, and valuable, low demand; high price works will not be viable.

    17. Re:They should have done some research. by geoffspear · · Score: 1
      If it's worth less that $100, then you won't pay it. You'll simpyl do without broadband internet.

      Great. So I can't read my email, shop at Amazon, or access my university library from home because I don't want copyrighted content?

      The Internet doesn't exist simply for people to download copyrighted content. The fact that a huge amount of bandwidth is currently used to do so illegally doesn't mean that anyone using it for other purposes should be forced to subsidize media junkies and pirates.

      --
      Don't blame me; I'm never given mod points.
    18. Re:They should have done some research. by geoffspear · · Score: 1
      Yes, but it's a lot easier to argue that humans have a right to protection from dying of starvation or disease than it is to argue for a right to be entertained as they see fit. That's what the grandparent poster means by saying there should be a line somewhere.

      Not being a loony libertarian myself, I might disagree with where the line should be drawn. The people running the American legislature have never been convinced that the line should be drawn to include healthcare. Plenty of us would be happy to redraw it to include fewer weapons and more medicine. Most people who travel anywhere are happy to have a tax-funded highway system. Very few, I suspect, would be inclined to extend the line to include music and movies.

      --
      Don't blame me; I'm never given mod points.
    19. Re:They should have done some research. by 91degrees · · Score: 1

      Great. So I can't read my email, shop at Amazon, or access my university library from home because I don't want copyrighted content?

      Yes you can. You just have to pay a tax (Alhough why you need broadband for that, I have no idea). All sorts of things are taxed, and a lot of the money goes to services I don't use.

      The Internet doesn't exist simply for people to download copyrighted content. The fact that a huge amount of bandwidth is currently used to do so illegally doesn't mean that anyone using it for other purposes should be forced to subsidize media junkies and pirates.

      We're talking about ending piracy. You're not subsidising the media junkies and pirates! You're subsidising the content creators! Don't you see? Making more copies does not cost the creator more. If I download data it doesn't cost anyone anything. I gain. Nobody loses. The revenue is simply readjusted marginally so that the person I downloaded from gets more of the pot.

    20. Re:They should have done some research. by Twanfox · · Score: 1
      This a seriously misinformed and badly thought out point you're making. Why broadband to read email and shop at Amazon? Because the response is quicker, because one might just want to download things like Drivers for your computer, get support for your workstation, download free software. Because many many websites use a plethora of graphics on them and browsing at dialup is a painfully slow process. And, best of all, because ISP's sell it. Broadband is NOT limited to the downloading of copyright restricted materials. It's like saying, why own a car if you can walk to work? Because in some situations, it's better/faster/easier/more efficient to own a car.

      And, no, while it's a technicality, you're talking about ending copyright violations, not 'piracy'. You're talking about the addition of Yet Another Tax that does not serve the public interest. See, what taxes there are already go to fund the public interest. An Army is in the public's interest, to defend our freedoms. Roads are in the public interest, because they foster safe and efficient travel. Parks and Libraries and any number of other public services are there For The Public, and they are in the public's interest. Imposing a tax on broadband access because there are people violating copyright is not in the public's interest, it's in the interest of the content creators. For that reason, I am one who would oppose such a thing.

      What it sounds to me like is that you want a great number of musical selections available to you for a fixed price, unlimited and all you can make use of. Unfortunately, it won't work out well that way. Who gets to decide who gets what share of the pot? What about songs downloaded outside metering software? If there should be no songs like that, who gets the authority to monitor all data traffic to your computer to verify and check? If there is no form of metering, the most pathetic artist gets as much as the most popular, destroying the whole notion of capitalism and removing the incentive for good artists to present their works for download.

      Poorly thought out reasoning.

    21. Re:They should have done some research. by Anonymous Coward · · Score: 0

      That's an interresting idea... and potentially a commercially viable approach to solving the Grokster problem...

      Make it a subscription service, however -- not a general broadband flat-tax. Some people do not download music as their primary online activity, but still like to have a fast connection.

      btw: annexia.org --> puts me in mind of something by Kubrik... but maybe I'm just wierd, that way.

            -AC

    22. Re:They should have done some research. by 91degrees · · Score: 1

      This a seriously misinformed and badly thought out point you're making.

      Indeed it is. For many reasons. I just think that the idea that you're subsidising others is not one of them.

      because one might just want to download things like Drivers for your computer, get support for your workstation, download free software.

      But under this scheme, the driver writers and free software developers would be entitled to a share of the pot as well. So would website developers.

      Broadband is NOT limited to the downloading of copyright restricted materials.

      Don't know about you, but almost everything I download is copyrighted. Slashdot is copyrighted, The Linux kernel is copyrighted. The amusing email a friend sent me is copyrighted.

      Parks and Libraries and any number of other public services are there For The Public, and they are in the public's interest. Imposing a tax on broadband access because there are people violating copyright is not in the public's interest, it's in the interest of the content creators. For that reason, I am one who would oppose such a thing.

      Art and creativity are in the public interest. They serve a similar benefit to parks and libraries. This is not imposing a tax on broadband because people are violating copyright. This is imposing a tax on broadband because we see it as beneficial "To promote the Progress of Science and useful Arts". Copyright does the same thing, but when copyright is no longer viable, because copying is impossible to control, it's time to come up with other alternatives. You keep going back to this idea that copyright is an inherent natural part of nature. It's not. It's a synthetic construction that didn't exist before the invention of the printing press. Copyright exists purely to encourage people to create. This proposed tax is another synthetic creation to encoutrage people to create.

      What it sounds to me like is that you want a great number of musical selections available to you for a fixed price, unlimited and all you can make use of.

      Of course I do! Who wouldn't!?

      Unfortunately, it won't work out well that way. Who gets to decide who gets what share of the pot? What about songs downloaded outside metering software? If there should be no songs like that, who gets the authority to monitor all data traffic to your computer to verify and check?

      Ah, but now we're getting into a completely different argument. The idea that the system is not viable. However, I agree with you completely here. However, I think it would be a possible to create a decent form of metering software. It just requires a market.

    23. Re:They should have done some research. by Anonymous Coward · · Score: 0

      Europe, in general, is quite economically stagnate due to the inefficiencies that such programs cause. I would hardly argue that the system works well.

    24. Re:They should have done some research. by kimvette · · Score: 1

      The thing is you don't really subsidize them. The labels screw consumers and artists alike. If you read up on how the big record labels write contracts they sucker most artists into, the signing bonus is really a conditional advance - a loan, if you will, and the record company promises X dollars for your work providing you meet certain conditions - only (inflated) studio and engineering costs, cost of distribution, etc. all comes out of the artist's pay, leaving them with dirt, or in many cases, actually in DEBT to the recording company to which the label's response is "Yeah? So? You can tour if you want to get out of debt and make some money" - and fortunately the less clueless artists who were naive enough to get suckered into one of these contracts are smart enough to retain merchandising rights as well as rights to the band name and live performances. Many aren't even THAT clueful and get utterly screwed.

      Google for a few articles on the matter - you'll be simultaneously amazed and disgusted at the shit labels pull.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  15. Where is Karl Marx when you need him? by $RANDOMLUSER · · Score: 2, Funny

    I can almost hear the speeches about "...when the musicians control the means of production"...

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    1. Re:Where is Karl Marx when you need him? by DoorFrame · · Score: 0, Offtopic

      I'm pretty sure he's dead.

  16. I can't help but wonder by aussie_a · · Score: 4, Funny

    I can't help but wonder, how many more people would have RTFA had it not been encumbered by an account system.

    1. Re:I can't help but wonder by Anonymous Coward · · Score: 0, Interesting

      All you need: www.bugmenot.com

      (and with the Firefox plugin you'll soon forget which sites are encumbered).

    2. Re:I can't help but wonder by Rhoon · · Score: 3, Insightful

      I'll repost this, since the AC got pushed down into the threshold basement.

      Travel to http://www.bugmenot.com/ and you'll find that registration is never required again!

      (Also comes complete with a firefox plugin)

      --
      "If all the world's a stage, I want to operate the trap door." - Paul Beatty
    3. Re:I can't help but wonder by Anonymous Coward · · Score: 0

      No you will still notice them, when the 5th, 8th, etc, try doesn't get you in.

  17. Flawed Logic by AC5398 · · Score: 5, Interesting

    **Record company executives reasoned that because we appeal to college students who have the high-bandwidth connections necessary for getting access to peer-to-peer networks, we're the kind of band that gets traded instead of bought.**

    This is a stupid argument. EMI's "protective software" overwrote my sound drivers when I tried to rip a purchased Leahy CD to mp3 so I could then listen to the music on my portable mp3 player. The lesson I learnt? Don't purchase EMI and/or Leahy CDs -- I didn't really need the CD or the hassle in the first place.

    If I absolutely have to have the music, I now know it's far safer to download EMI mp3s from the flavour of the week p2p program than it is to purchase the CD.

    EMI's "protective software" encourages piracy, not discourages it.

    And at least Sony's "protective software" gave you some sort of a heads-up that there was 'extras' on their CDs; EMI didn't tell me a damn thing. I had to figure out what in hell happened to the sound card on my own.

    1. Re:Flawed Logic by pagrab · · Score: 1

      True, but having these problems doesn't make it impossible to be a legal user right? You can allways download the music and buy a CD - just to pay for it.

    2. Re:Flawed Logic by AC5398 · · Score: 1

      Why? Why download the music AND buy the CD? There is NO motivation to do both.

      I don't download music -- I have no wish to see the RCMP on my doorstep simply because I downloaded some song that intrigued me for some obscure reason. But if I did, it would only be because there is DRM on the CD and I was positively mad to have the music. Look, let's say I do download the music and purchase the damn CD; if I (or next door's kids, or my mother, or the cat suddenly displays a proficiency with the computer) have a brain spasm and forget and put the freaking CD in the damn DVD drive on the computer, I now have several hours worth of formatting and reinstallation to look forward to.

      And this'll be my experience with XP, God only knows what will happen with Vista.

      But if I don't purchase the CD, my computer is safe.

      Plus, if the frakking morons at EMI see both their CD sales AND their P2P download stats take a nosedive, maybe they'll decide to stop bitchslapping their paying customers.

    3. Re:Flawed Logic by pagrab · · Score: 1

      I didn't mean to accuse you of doing an illegal thing. I am far from this kind of reasoning because I consider downloading stuff to be a personal affair to be settled within anyone's conscience. What I wanted to say is that these kind of stupid moves of labels can't be used to justify downloading - because even after downloading the music (which is more convenient that dealing with modern DRMs) you can always give your money to the artist by buying the CD. The problems with the CD can't be an excuse for downloading without paying. And I wanted to make a general claim, not to attack your practices. After all you said that you bought the CD. It is just that I often see this way of argumentation - I wanted to buy a CD but had to download the mp3 because of DRM, so I can't be legal, therefore I won't be legal because companies drove me to that. I disagree to that way of argumentation - nobody stops you from transferring the money to the artist via buying the CD you will not use.

    4. Re:Flawed Logic by AC5398 · · Score: 1

      1. *buying the CD you will not use*

      Would that be like buying a car I do not use, or a pair of sneakers I do not use? And what if the sneakers are made so they leave ink marks all over the carpet? Should I purchase the sneakers but still wear the handknitted slippers, or just stick with the handknitted slippers?

      I simply don't understand EMI's brilliant marketing plan in making it safer to download than to purchase their CDs. How on earth does it improve their sales, and where's the enticement in purchasing CDs? 'I'm doing the right thing' makes CD purchasing about as much fun as getting the flu shot.

      2. I do NOT download music. But I no longer condemn those who do: it's safer to download than to purchase.

      And the artist is damn lucky if they make 50 cents from the sale of each CD. I could anonymously mail 'em a buck and they'd be seeing more cash from the snail mail than from the Acme Music and DVD retailer.

    5. Re:Flawed Logic by pagrab · · Score: 1

      The difference between buying a CD and a car is rather well known. It is the music, not CD that you buy and precisely because of that, you can not touch the cd but pay for the music buying the cd.

    6. Re:Flawed Logic by AC5398 · · Score: 1

      ** It is the music, not CD that you buy and precisely because of that, you can not touch the cd but pay for the music buying the cd. **

      Which is what I did when I purchased the Leahy CD.

      But DRM has taught me my lesson; better to download or do without than to trust a Sony or EMI CD near my computer!

  18. Re:Please copy our stuff! by dwandy · · Score: 4, Insightful
    The poor guy is just conflicted, and wants the best of both worlds: he wants it free for people to listen to, but they gotta pay for it to make him rich.
    I find it interesting that the more I read on music, the more apparent it is to me that there are a very few (dozens, maybe hundreds) out of the millions of bands that actually make rock-star kinda money.
    For the rest: it's just a dream the label sold them.

    I guess what I'm suggesting is that most bands are not giving up much 'fortune' without a major label. Most bands can probably make just as much money w/o the label as with, and this would leave the band to make their music, their way, and reach their fans which most claim to be the reason they started in the first place.

    ...and the shocking answer to who makes all the money? the middleman of course, the one selling this pipe-dream to the artist. The one putting locks on the music that keeps the fans from listening.

    See the lil' secret that all middlemen don't want people to know is that they have no discernable skill of their own, other than profiting off the backs of others...(see patents & copyrights -- it's the middleman fighting for protections). The creators don't need middlemen, but middlemen sure as hell need the creative...

    --
    If you think imaginary property and real property are the same, when does your house become public domain?
  19. one solution by Red+Flayer · · Score: 4, Insightful

    "Luckily, my band's recently released album, "Oh No," escaped copy control, but only narrowly. When our album came out, our label's parent company, EMI, was testing protective software and thought we were a good candidate for it."

    Problem: Major record labels (or their parent companies) want to force copy protection onto the albums of their talent.

    Solution: Don't sign with one of those labels, or make sure your contract includes stipulations that your albums will not have copy protection.

    This opinion article is indicative of increasing artist awareness of how copy protection will hurt them -- the difficulty is that the labels still have more bargaining power for upcoming talent.

    This is a great opportunity for a well-funded indie label to step up and fill the void, to attract talent by guaranteeing no copy protection.

    If someone demonstrates to the major labels that it's beneficial to not require copy protection, they may follow suit -- though I'd speculate that copy protection is all about making sure the record-buying public still sees free copying & downloading as 'wrong.' What they'd really hate to see is most musinc 'consumers' feeling that it is normal and 100% acceptable to get all their music from filesharing.

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

      It seems as though more and more talent is signing up with iTunes directly instead of through a label. A band that doesn't want to totally burden their customers with copy restrictions but want to make money from their stuff could give away a few of their tracks and either a)sell the rest of the tracks directly(secure credit card transfers are pretty easy and cheap to do, although you will pay a decent chunk to the CC company bastards) or b)sell the rest on iTunes(easier for the band since they don't have to deal with the payment details, can't be sued for fraud, and maybe will get some free publicity(iTunes's 'single of the week'), but will have to split profits with Apple and will still have some DRM on the music)

    2. Re:one solution by Red+Flayer · · Score: 1

      A lot of bands are doing that, but there's still good reason to sign to a label -- marketing and promo. This is what labels really do for an artist, and if it's a good label, you'll get value for your money. Plus, you get the benefit (sometimes a benefit, anyway) of being associated with an imprint's other artists.

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

      Point of fact, I'm not sure there's any such thing as a "well-funded" indie label. That's really the problem. The ones that are well-funded are typically faux-indie -- that is to say, labels that *look* like indies but are actually backed by the biggies, and get all the paranoid trash along with the cash.

      --
      // This is not a sig.
    4. Re:one solution by 10101001+10101001 · · Score: 1

      What they'd really hate to see is most [music] 'consumers' feeling that it is normal and 100% acceptable to get all their music from filesharing.

      If the only way you make money currently, as part of a band, is playing live gigs, then having people get all their music from filesharing is actually a good thing, as it increases exposure of your band. The only real problem right now is that a lot of bands really need to get together and setup some sort of joint system to plan a concert schedule so their fans can hear them perform live. And the internet is almost certainly the way to go about this*.

      You can't replace a concert experience with anything, just like you can't replace a theater experience (you can replace a music video or movie experience, since it's the same video each time and the location of a collection of people doesn't matter). That's always been the thing that musicians have sold. The sooner more musicians realize that it's not possible to rely on copyright to make them lots of money without going through a record company, who seems interested wholly in doing whatever it takes to keep the money flowing in, the sooner that they'll realize that concerts are the only way to go. And at that point, the only thing about copyright one cares about is proper attribution.

      *Indie labels are just as against online free music as large labels, since they too see it as a way in which people will avoid buying CDs. Perhaps Indie labels taking a cut of the concert trade would make them contribute to such a plan, but any business that ends up taking that job is likely to become just as corrupt as major record labels of today. Theater troops are probably the best model to branch off of.

      --
      Eurohacker European paranoia, gun rights, and h
    5. Re:one solution by Red+Flayer · · Score: 1

      IIRC, there are several very wealthy artists who've started their own labels that don't have ties to the big ones. There's also VC out there for the enterprising businessperson...

      A problem is industry lockout... collusion between the big labels to make sure a startup or indie label doesn't get a foot in the door.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    6. Re:one solution by Red+Flayer · · Score: 1

      "If the only way you make money currently, as part of a band, is playing live gigs, then having people get all their music from filesharing is actually a good thing, as it increases exposure of your band."

      Yes, that's true. But why should a band be able to make money off of album sales instead, or also? There have been some great studio bands, live music is not the only form of acceptable music expression.

      This especially applies to people in the market like me. I will never go to a concert, other than a dinner concert with less than 100 people. I can't stand crowds and high-volume performances -- but I am willing to pay for music I enjoy at home.

      I'd be willing to bet that the non-concert-going market for music is larger than the concert-going market... why shouldn't great studio bands be able to cash in too?

      I don't want a system where the only reason for bands to release albums and songs is to promote concerts.

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

      Solution: Don't sign with one of those labels, or make sure your contract includes stipulations that your albums will not have copy protection.

       
      Nice sentiment, but all your cards are max'd, your owe your mum thousands, you're eating fast food because that's all you can afford. Someone is offering to pay you to do what you'd do anyway and give you the chance to do it better. It would be hard to say no for most reasons. DRM will be decided by what the consumer shows they'll put up with.

      I am yet to hear anyone come out for full DRM who isn't a millionare already tho.

    8. Re:one solution by Red+Flayer · · Score: 1

      "Nice sentiment, but all your cards are max'd, your owe your mum thousands, you're eating fast food because that's all you can afford. Someone is offering to pay you to do what you'd do anyway and give you the chance to do it better. It would be hard to say no for most reasons. DRM will be decided by what the consumer shows they'll put up with."

      Which I addressed by saying that the labels have the upper hand when dealing with new talent, and saying there is a market for someone to come in with the promise to not use DRM. Please read the whole post before you respond to one of the first sentences.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    9. Re:one solution by ratboy666 · · Score: 1

      But it is normal and 100% acceptable to get all your music from filesharing. ...Oh, you live in the US. Sorry.

      Ratboy.

      --
      Just another "Cubible(sic) Joe" 2 17 3061
    10. Re:one solution by IainMH · · Score: 1

      I did read the whole thing. Frankly your response was unnecessarily rude. I'd love to know what experience you have personally with the music industry apart from reading the NME or Kerrang.

      My comment still stands.

    11. Re:one solution by poot_rootbeer · · Score: 1

      This is a great opportunity for a well-funded indie label to step up and fill the void

      If they had the resources needed (not just funding, but also marketing channels and such) to step up and fill the void, they would not be an indie label.

    12. Re:one solution by Red+Flayer · · Score: 1

      From my OP: "This is a great opportunity for a well-funded indie label to step up and fill the void, to attract talent by guaranteeing no copy protection."

      I thought you missed this part, proposing a solution that works for the artists in the situation you mentioned.

      Sorry if I was rude, but it seemed to me that your reply did not even take into account the solution I think is possible -- which implies that you either ignored it or didn't read it, which has been known to happen here on /... sorry if I offended.

      J

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    13. Re:one solution by Red+Flayer · · Score: 1

      If there is collusion among the major labels and big media companies, (which is practically a foregone conclusion, though hard to prove), then I think you're right.

      However, that's not a difficulty with the definition of indie, that's a problem with unfair market competitive practices, which is illegal, right? /Not that it makes any difference in practice, since probably not even a well-funded indie label could go toe-to-toe with the **AA or Clearchannel, etc, in court.

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

      The problem is that with today's technology, recorded music has far less value than live music, because the real cost of making a copy of a recording is nearly zero. Copyright is ultimately a priviledge, not an inherent right like freedom of speech or physical property rights. It is a contract between society in general and the artists, one which few now alive ever formally agreed to and which fewer and fewer people feel was ever truly justified. If it weren't for these artificial legal restrictions on duplication, the price-point for recorded music would be so low that it wouldn't be practical to charge for a single song, or even a single album. This would not be then end of music, however. The demand for music -- new music in particular -- is not going anywhere soon. One way for artists to raise capital is similar to the model used by movie producers even now: sell advance tickets. Movies make most of their money in the first few weeks; they often pay for themselves in the opening weekend. Purchasing advance tickets is very similar to pre-ordering a book or CD, and offering pre-orders is a great way to ensure sufficient initial sales to cover the costs of production (including opportunity costs) while splitting the cost over a large enough group to make the prices reasonable. True, some people might choose to wait until the music becomes available on a P2P network, or get it from their friends. Some might simply choose not to listen to the music at all. It is never possible to guarantee the size of a market until the sales are confirmed. It isn't even possible to estimate the potential size of the market without taking prices into account, because people who would buy something at one price (free, for example) will often decide it's not worth the cost at a higher price. That doesn't stop other industries from turning a profit. The keys to any business are building a loyal customer base, maintaining high standards of quality and reliability, and recognizing that profit can only occur when both parties agree on the exchange. DRM accomplishes none of these. It's rarely profitable for either side to try to dictate terms.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    15. Re:one solution by Red+Flayer · · Score: 1

      I agree with most of what you're saying, and I think that in the end, DRM will fail. However, you make a couple points that I don't quite agree with:

      because the real cost of making a copy of a recording is nearly zero

      The real marginal cost is zero. But the real cost is not zero. Real cost includes overhead, the costs of creating the content, etc. For this discussion, I'd even add in marketing costs, as they are relevant to the considerations made by the companies distributing the music, and should probably be considered by the consumer when judging what price is fair.

      "Purchasing advance tickets is very similar to pre-ordering a book or CD, and offering pre-orders is a great way to ensure sufficient initial sales to cover the costs of production (including opportunity costs)"

      This only works for established artists with an extant high demand for their product -- I don't think it would work for 99% of the artists out there.

      "Movies make most of their money in the first few weeks; they often pay for themselves in the opening weekend."

      They sometimes pay for themselves on opening weekend. Most movies do not; in fact, most movies don't cover costs from theatrical release -- although some of this is due to creative accounting. This model depends on the occasional blockbuster, which isn't the model I'd want to see for music... I'd hate to have the music industry have the same content problems as the movie industry.

      "It isn't even possible to estimate the potential size of the market without taking prices into account, because people who would buy something at one price (free, for example) will often decide it's not worth the cost at a higher price."

      Well, the market is the same size -- it's just that a different portion of the market will decide to purchase the good, depending on the price. It's still hard to forecast what the demand curve looks like for any particular song or album though, since music isn't a commodity good.

      "recognizing that profit can only occur when both parties agree on the exchange"

      Yes, but the problem then is not that people do not accept DRM, and decide not to acquire the good. The problem is that people still purchase the product, albeit not from the legal supplier, without the DRM (I include purchasing for free (sometimes piracy) for this argument). This black market justifies the use of DRM to the suppliers, which just feeds back into the problem.

      If all the people who opposed DRM refused to purchase DRMed products from any source, with or without the DRM still attached, then the whole DRM problem would disappear as the industry execs realized they were shooting themselves in the feet.

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

      Thanks for the well-reasoned response. Constructive criticism is always useful. That said, I do not agree with many of your conclusions:

      The real marginal cost is zero. But the real cost is not zero. Real cost includes overhead, the costs of creating the content, etc. For this discussion, I'd even add in marketing costs, as they are relevant to the considerations made by the companies distributing the music, and should probably be considered by the consumer when judging what price is fair.

      I probably shouldn't have used an economics term ("real cost") here. What I meant to say is that the cost of actually making the copy -- taking one set of bits, duplicating it, and transferring the duplicate to another person -- is nearly zero. It is true that in the grand scheme of things one must take into account overhead, recording, marketing, etc., as these all factor into the cost of actually getting access to music, but these areas are not the ones under pressure. Technology has had an effect on these areas, but the greatest change is in the cost of distribution. The old system -- copyright combined with predatory recording contracts -- allows the labels to use their control of the marketing and recording areas to maintain their stranglehold on distribution despite advances in technology.

      This only works for established artists with an extant high demand for their product -- I don't think it would work for 99% of the artists out there.

      I would argue that there is a significant oversupply of music artists right now, although perhaps not quite 99%. The star system and decades of misinformation regarding the risks and compensations of becoming a professional music artist have attracted far more producers than the market can support. As a result, artists have no bargaining power. Unless an artist is already a major success, the label has the power to dictate the terms of the recording contract. The artists accepts this on the basis of the belief that becoming a professions artist will pay off in the long run. When all is said and done, many artists end up seriously in debted to the labels, with little to show for it. What you call "extant demand" I call "a reasonable chance of success." If a band (or an individual) cannot attract enough attention in their own community (geographical or technological) to demonstrate "extant demand", they probably shouldn't be going into music as a career. I realize that many (particularly artists) will probably disagree with me here, but this is the way that most other industries work. Why should music be any different?

      They sometimes pay for themselves on opening weekend. Most movies do not; in fact, most movies don't cover costs from theatrical release -- although some of this is due to creative accounting. This model depends on the occasional blockbuster, which isn't the model I'd want to see for music... I'd hate to have the music industry have the same content problems as the movie industry.

      Now that I think about it, you're probably right about movies in general. My statements was based on statistics for the movies which I had chosen to see in theatres, which no doubt skewed the results somewhat. That said, I do think that most profitable movies make at least a significant portion of their cost back within the first few weeks, with only a small portion of the revenue coming from the eventual DVD sales. Between the initial sales and later concerts, I think that an artist could do the same. I agree that it would be a shame if music followed the same route as movies in regards to content, but I think that (after the oversupply problem mentioned above has been corrected) artists will not suffer the same issues due to smaller and more frequent releases, resulting in greater interaction with their audiences.

      Well, the market is the same size -- it's just that a different portion of the market will

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    17. Re:one solution by JesseMcDonald · · Score: 1

      I suppose I have a bit more faith in the free market. However, let's suppose for a moment that the copyright system is necessary and justified, and try to find the right balance for the duration of the copyright term.

      Looking at copyright as an incentive program, a universal contract between buyers and sellers in the music market, we can see that it is the seller's desire to have an unlimited copyright term, and the buyer's to have no copyright at all. The seller's interest is primarily driven by desire to be paid. The best term, therefore, is the shortest one that overcomes the seller's opportunity cost, which provides the necessary incentive to create.

      The majority of the seller's money is made within the first few years after the song is released. A copyright term of as little as five years would probably be more than enough to ensure the artist an acceptable profit. Of course, given a choice between five years and 50 years, the artist would choose 50, but given the choice between five years of copyright or choosing another job, the artist would probably take the five years' worth of copyright, as the actual difference in profit between five and 50 years is often almost negligible. Five years gives the artist time to become well-known. For artist who is already well known, the term could be even less than that, since most of the interested buyers would make their purchases early on. The better known the artists is, the shorter the copyright term necessary to cover most of the purchases. By the time the term drops below about six months, you could probably do without the copyright entirely by employing pre-orders and live concerts exclusively.

      My argument was based more on the well-known artists and less on those just starting out, with the intention of only promoting those good enough to develop a following early on, but a reasonably short copyright (1-10 years) may indeed prove acceptable to society as a whole on an economic/incentive basis. It would not be acceptable to me, because copyright relies inherently on coercion by the majority to be effective, and I am of the opinion that reliance on coercion and/or force against those who did not first demonstrate the same is a proof of the system's injustice. Using force against one's opponents is proof that one was unable or unwilling to convince them with reason.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    18. Re:one solution by Red+Flayer · · Score: 1

      Thanks for the compliment.

      I think you meant marginal costs, which is the difference in cost between supplying x and x+1 units -- which you are absolutely right, is approaching zero for electronically distributed music.

      "I think that this behavior is primarily due to a market failure in the area of distribution, itself brought on by the way that the labels have abused their copyrights to retain monopoly on distribution as I mentioned above."

      Yup. Except that I don't think they've abused their copyrights, this is exactly what copyrights are meant to do. The problem is that copyrights are no longer held by individuals (as a whole), nor do they expire (unless you forget to renew). Without the threat of expiration, there is no incentive to lower prices & capture the low-price portion of the demand curve near the end of the copyright term.

      "Either that, or the industry execs would blame the loss of revenue on "piracy" (you won't be able to convince everyone to stop, after all, and not all "pirates" actively oppose DRM anyway). Boycotts don't seem to work all that well against the labels, since they have a universal scapegoat in the form of "piracy" on which to blame their financial troubles."

      Yup yup. But if we want copyright reform (that benefits the consumer and the creator, not just the copyright holder) we need better public awareness of their abuses. Bad publicity associated with a boycott is more effective than lost sales occurring as a direct result of a boycott. It's really a PR war, and people who pirate music aren't helping the cause.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    19. Re:one solution by JesseMcDonald · · Score: 1
      Yup. Except that I don't think they've abused their copyrights, this is exactly what copyrights are meant to do. The problem is that copyrights are no longer held by individuals (as a whole), nor do they expire (unless you forget to renew). Without the threat of expiration, there is no incentive to lower prices & capture the low-price portion of the demand curve near the end of the copyright term.

      Technically speaking, copyright are intended to encourage artists to create, not grant copyright holders unlimited control over distribution. The latter is just the mechanism chosen to facilitate the former, and there are some exceptions to their control over distribution, such as compulsory licensing for radio broadcasts. I have yet to see a proposal for preventing corporations from holding copyrights which would be both enforcable and fair to the artists; remember that most artists originally do own the copyrights to their songs, but willingly transfer that right to the label as part of their contract. As long as the right exists, it can be transferred through a contract. All the artist has to do is grant the corporation exclusive permission to make copies. It would be unreasonable to stop artists from granting such permission, and preventing them from choosing to make such permission exclusive goes against the idea of copyright altogether.

      Yup yup. But if we want copyright reform (that benefits the consumer and the creator, not just the copyright holder) we need better public awareness of their abuses. Bad publicity associated with a boycott is more effective than lost sales occurring as a direct result of a boycott. It's really a PR war, and people who pirate music aren't helping the cause.

      Agreed, but I still think that competition is a more effective weapon than a boycott, because it proves to the labels that their customers will support a better system.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    20. Re:one solution by Red+Flayer · · Score: 1

      "Agreed, but I still think that competition is a more effective weapon than a boycott, because it proves to the labels that their customers will support a better system."

      I'm not sure where the competition is coming from, though -- if not from another label with better business practices (in our minds, anyway), then where? The industry will nevr regard piracy as competitor -- and it's not, since pirates don't bear any of the production costs.

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

      Competition can come in many forms. Other labels is one solution, as evidenced by the success of groups like Magnatune, which is experimenting with a "shareware-like" business model. Individuals dealing directly with e.g. iTMS, or distributing through their own web sites, is another form of competition. Even piracy is competition in a real sense, whether or not the industry regards it as such, and despite its nature as a black market. The industry has been forced to find ways to make their services more appealing than P2P downloads, either by increasing the risks of using P2P (through lawsuits) or by finding ways to make their own services more valuable (which they're still working on). Piracy, of course, is far from an optimal solution, because it clashes with the models on which the artists' compensation is currently based. However, it may eventually lead to the adoptance of business models whose successes do not depend on draconian copyright laws, and I would consider that a positive outcome.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  20. Re:Registration - BugMeNot by TintinX · · Score: 1

    But...

  21. Backfire! by Anonymous Coward · · Score: 5, Informative

    From the article:

    Luckily, my band's recently released album, "Oh No," escaped copy control, but only narrowly. When our album came out, our label's parent company, EMI, was testing protective software and thought we were a good candidate for it. Record company executives reasoned that because we appeal to college students who have the high-bandwidth connections necessary for getting access to peer-to-peer networks, we're the kind of band that gets traded instead of bought.

    You know what? It was hearing "A Million Ways" on NPR, then a P-2-P download of the song, that CAUSED me to purchase the entire album! If I had not been able to dig the whole song a couple of times, I would have never have purchased it. "Oh No" was the first CD I've bought in 2 years. (I just haven't found a lot of music lately that appeals to me.)

    So the very avenue that the record companies fear, generated a sale. How many others has it generated?

    1. Re:Backfire! by cerebud · · Score: 1

      I bought several CDs that way as well. I try it out with the P2P, then I buy it if it's worth buying. I've heard of so many bands that are supposedly amazing, but I never hear them on crappy radio. So what else am I supposed to do? Buy an album without ever hearing one song? No, I get to listen to them for free and if I like them, I'll buy it.

      I like to support music, but I won't buy a CD without knowing what I'm getting.

    2. Re:Backfire! by General+Melchett · · Score: 1

      Thats the fucked up thing, we were never expected to just go out and buy the album 'blind'.

      There was always radio (but thats just shit these days), and i remember when MTV and MTV2 used to play actual music.....

      Or, you could get a copy from a friend, usually on tape, but well, if it was good enough then shelling out a tenner for the album was perfectly acceptable.

      Its sad that im recalling 'good old days', and im only 24......

    3. Re:Backfire! by scharkalvin · · Score: 1

      Radio used to fill that function. In fact, so well that some radio stations
      were requiring the labels to pay 'tribute' to get air time. Remember the 'payola' kickback scandel?

      BTW, any bands out there that DON'T want their music being sold on damaged DRM'ed CD's should get a lawyer before they sign any contracts with a record company. Get it in your contract that your CD's get released 'clean'.

  22. They will never understand... by _PimpDaddy7_ · · Score: 1

    They will never understand, the same why GM won't really understand why laying off 30,000 people still won't help them.

    Amazing how these executives get paid millions yet do not remove themselves(HA) or better yet, remove top/middle managers. That's where the bottleneck is.

    The Record Companies, like GM, have dinosaurs at the helm. They have not fully understand current market conditions. In the case with GM, they failed to realize the benefit and demand for hybrid vehicles. How they missed this, and many other oportunities, is beyond me, and further shows, they have boobs running the company.

    If you fail to change and adapt you will lose. This is th emost fundamental point in a capitalist system.

    1. Re:They will never understand... by zippthorne · · Score: 1

      wait what? They failed to dump huge resources into a novelty item? You're telling me their current problems are completely unrelated to their vast amount of accumulated liabilities in the form of pensions and benefits?

      Imports succeeded because due to process improvements, relatively young (read: unencombered) industry, and favorable exchange rates despite the various exise taxes, which allowed them to sell quality cars for much less than the US companies. For a brief period, their reliability may even have been superior. GM has been prevented from creating so-called "fully-automated" plants by the unions, promises to which are the major contributor to GM's overhead.

      Failing to build the particular novelty car you want them to did not cause their current woe. It could cause future woe if the direction of the market pushes hybrids from novelty to mainstream, but at the current purchase rates, they would've been a drop in the bucket sales wise for a significant research overhead.

      If you fail to change and adapt you lose. Sometimes the impediments to change are not obvious.

      --
      Can you be Even More Awesome?!
    2. Re:They will never understand... by Anonymous Coward · · Score: 0

      um for a brief period?

      no their reliability was and continues to be vastly superior than most "american" cars (or i should actually say mexican cars)

      hell my toyota is an american car, atleast it was built here unlike most of GM's products

  23. Price Fixing by Ilex · · Score: 2

    The real cause of music piracy is because a CD with 12 tracks isn't worth the money the labels are asking. Why anyone buys a CD which costs almost as much as a DVD is beyond me.

    The labels needs to get a clue and realize they need to provide a value service to their 'customers' (not consumers). Not alienate them by crippling their machines with DRM'd malware which can be defeated and ripped by someone with a marker pen, sticky tape or shift key.

    Download a movie off the net you just get to watch the movie. Buy the same movie from a shop and you get all the extra bonus material. Download an album off the net you get an album buy the album in the shop you get the same album. This is the real reason why the movie industry hasn't been clobbered by piracy to the same extent as the music cartels.

    I really believe DRM free FLAC quality music downloads and streaming services are the way to go. They need to build a business model around that. Much like Google, Red Hat and MySql give their products away free and make money on providing services.

    1. Re:Price Fixing by Ilex · · Score: 1

      And another point is the music cartels have to start releasing music more people will enjoy listening too. Not Brittany Spears!

      Thats a much wider audience to target than their current 8-18 age bracket.

    2. Re:Price Fixing by MntlChaos · · Score: 1

      You mean like these guys?

      I purchased a CD, and have unlimited access to WAV files, FLAC, Ogg, vbr and 128k and 256k mp3s, and aac (drm-less). Unfortunately, if you order a physical CD from them, it comes with the label's cover etc, rather than album art.

    3. Re:Price Fixing by CastrTroy · · Score: 1

      The other thing about movies, is that most people don't want to watch them on computer, and most people don't have the hardware or the know-how to output the computer to the TV. Most people know how to download music, and burn it to a CD, or load it on their MP3 player. What would really kill movies is making an affordable DVD/CD player that can play all those formats downloaded off the internet. Maybe even something where you can pop in a CD, and have it load on code for interpreting new formats. Ah Well, probably will never happen.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    4. Re:Price Fixing by itscolduphere · · Score: 1

      The real cause of music piracy is because a CD with 12 tracks isn't worth the money the labels are asking. Why anyone buys a CD which costs almost as much as a DVD is beyond me.

      Oddly enough, OK Go (the musician in the article sings for them) was one of the bands whose CD, at least at Target, was released at a lower price point in the "New and Hot" section, or some such. I think it went for either $7.99 or $9.99. Granted, you rarely see "blue-chip" bands at these kinds of prices, but CDs are going lower than they used to now.

      At the Drive-In's "Relationship of Command" CD selling at an MSRP of, if I remember correctly, $7.99 also leaps to mind as an example. Wasn't really all that bad of a CD, either (assuming it was your style, of course).

    5. Re:Price Fixing by jeffbax · · Score: 1

      Why pay the price of a DVD for a CD?

      To that I ask you, why pay more than the price of a CD for a DVD? I can watch the DVD maybe once or twice before getting sick of it and shelving it for good, I can listen to a CD for a much longer time before it gets old.

      I never understood that arguement. To me a CD is way more valuable than a DVD. DVD's are something I'd like to use a cheap download model for because I don't care much about watching it more than a few times most likely.... Music I like to have around forever (though unencumbered by some bs DRM)

      Unfortunate for movies, they cost so much to produce something someone only watches a few times... thus the high prices.

    6. Re:Price Fixing by lynx_user_abroad · · Score: 1

      The real cause of music piracy is because a CD with 12 tracks isn't worth the money the labels are asking.

      So ask yourself this: How many "CD with 12 tracks" worth of music which aren't "worth the money the labels are asking" do you keep around?

      Remember that Copyright isn't about money. Copyright is about control. That's by design.

      I'm betting, by your above statement, that you can at least understand the viewpoint of a 'music pirate' who downloads music rather than paying for it. Perhaps you've downloaded yourself?

      If copyright control were perfect, meaning that if the record labels could enforce their copy right and prevent a music pirate from downloading the music for less, do you suspect most music pirates would be more likely to pay the price (and get the music) or not pay the price (and forgo the music)?

      In each case where the former occurs, we can conclude you are wrong: people do feel the music is worth the money, and this is just a simple case of people breaking the law to steal music just because they can get away with it. They are deluding themselves with talk about how it costs too much.

      In each case where the latter occurs, we can conclude that the record labels are trying to sell a product beyond it's price point (as you claim). Were it not for illegal downloaders, the music labels would quickly realize this (from lack of sales) and either lower their price point, or get better quality product.

      But the reality is that illegal downloaders do exist. But it's a farce for them to claim their actions somehow serve the community. In the former case, they are clearly acting in their own monetary interest, and in the latter, they are masking the lack of quality product and forcing those who choose not to download illegally to accept a higher priced, and inferior product.

      At least we can conclude that illegal downloaderd are at odds with legal downloaders.

      We can expect such a situation to continue to exist until either a) all illegal downloads become impossible (the dream of DRM) or b) 'illegal' downloads become legal.

      Those who advocate against the former (DRM) are therefore advocates for the latter. We should examine this more closely...

      Does anyone here believe that even the complete elimination of copyright protection for musical works would mean the record labels would be prohibited from employing DRM? Clearly we aren't advocating that musicians must make their music available for free in an easy-to copy format. So it doesn't really matter what happens with copyright law, we are going to start seeing label-music DRM'd.

      And while many believe that DRM can never be 100% effective, is anyone willing to say that DRM can be made 100% ineffective? We have already seen that DRM can make things messy. The best you can hope for here is a reduction (or elimination of) the labels themselves.

      We could imagine a farsical world where, by law, if you have a Grateful Dead recording you can share it on the Internet with impunity, but where in order to get into a Grateful Dead concert, you'd have to contractually agree (which is to say enter into an agreement to abide by a private copy right law) not to record the concert, submit to searches for recording equipment, etc. And because the sharing of music on the Internet could not be prevented, the music companies would refuse to publish it in any form that might possibly make it onto the Internet, meaning their choosing not to sell their music in any format which is not DRM protected.

      Look, if you want to be anti-label, that's your own call. All I'm saying is if you're just stealing (whoops, I meant downloading illegally) in your own self interest, you're not fooling anyone and you're not making any friends. And if you're downloading illegally to try to make a political point or force the industry into change, you'd be better off working with those of

      --

      The thing about things we don't know is we often don't know we don't know them.

    7. Re:Price Fixing by Ilex · · Score: 1

      Actually I do agree with many of your points. You are absolutely correct Copyright and indeed Patents are totally about control. I still believe that a CD is vastly overpriced for what it is, even more so if you only wanted one or two tracks in an album. Copyright is nothing but government protection of a monopoly. The original purpose of granting a temporary monopoly to encourage innovation may have been honorable but now after lobbying for almost indefinite extensions and the addition of draconian powers it has been twisted to become nothing but a protection racket which is hindering innovation, exactly the opposite to what it was supposed to achieve.

      The result of this is poor quality products at inflated prices. Not only that the artists who actually produce the work are under such one sided contracts that they won't see any return on their work until their 3rd or 4th successful album, after which they at least have some negotiating power with their label. A new band starting out often have to pay for their own publicity. This can cost them more than they get from the label. The labels are effectively stealing work from the artists. With P2P and free sharing it costs the artists nothing to get noticed. The label looses control.

      You say I don't hold much value in CD's. You're right I don't. I can't remember the last time I actually bought a CD. You criticize me for downloading! Now this is the sad thing. I can't remember the last time I even wanted to download an album. I much prefer to listen to local talk radio or Shoutcast streaming radio in a genre I like. To be honest it doesn't bother me that people do choose to download illegally. It does bother me that the money from people who do choose to download legally or buy CD's go straight to the labels and very little if any goes to the artist. Whichever way you choose to get music the artist looses out, but at least those downloading music are not giving their money to the labels who are exploiting the artists. That's just the way I feel though.

      Even though I personally don't value music that much I understand that there are plenty that do. The labels don't understand this. They see music as a commodity with a short shelf life. They exploit artists and dump them as soon as their no longer 'hip' and they rip off 'consumers'. If the labels want to survive they should stop seeing people as consumers and start trying to get customers. This means stop treating everybody the same (at the moment that seams to be criminals). People do see music differently and they all have different tastes. Not everybody likes pop. There are people like me who just want music in the background. There are the fans who will want bonus material like videos and interviews with the artists. There are the audiophiles who want HD 5000.1 surround Super Audio DVD to play on their $10,000 kit. Instead of targeting these groups they treat everyone like 16 year old girls (consumers) and start crying to the government to protect their monopoly now artists have a means to distribute their music directly. My point is they should provide 'Service' to their customers not 'Crap' to consumers.

      The movie industry seem to get this a lot better than the music industry. I'm not a great fan of the movie industry either, because of their copyright lobbying, but guises what I've spent $80 on DVD's this month. That's $80 more than I've spent on CD's over the last 5 years.

      And your point with the GPL. It has been argued on Slashdot before. A world without copyright would indeed make the GPL redundant but then you wouldn't need the GPL. Some have argued the GPL is just a means to fight fire with fire. Now we would just need a means to make sure that people who use public code also kept their code public. Just like we would need a means to ensure that people who produce any work still have an incentive to keep creating. This is whole new debate which I'm far too tired to enter into right now.

    8. Re:Price Fixing by Ilex · · Score: 1

      Yes i know about magnatune. Prbly the only place i'd be happy buying from. It's a shame their portfolio isn't that big yet. I'm tempted to buy something just to make a politacal point to encourage more artists to sign up.

      Don't even mention allofmp3.com though. The artists get nothing. You may as well download it off Kazza or buy it from a shop.

    9. Re:Price Fixing by Ilex · · Score: 1
      Is this what you're looking for.

      Many modern DVD players support DivX and XviD Mpeg4. DVD+/-R recorders are under $50 so recording a film to disk is no harder than creating an audio cd.

      If someone knows how to download they'll know how to burn to a DVD.

    10. Re:Price Fixing by Technician · · Score: 1

      The real cause of music piracy is because a CD with 12 tracks isn't worth the money the labels are asking. Why anyone buys a CD which costs almost as much as a DVD is beyond me.


      You are paying way too much for a DVD then. I don't buy CD's because they cost more than a DVD. Choice 12.95 DVD or 16.99 CD. Easy choice. I can find the 2 for $11 DVD's at walmart. Older CD's under $8 worth listening to... Not a chance. Good classic rock is just as much as new stuff.

      --
      The truth shall set you free!
  24. It's an OLD story by Nigel_Powers · · Score: 0

    WORKIN' FOR MCA

    Seven years of hard luck comin' down on me
    from a motor boat, yes, up in Nashville, Tennessee.
    I worked in every joint you can name, yes, every honky tonk.
    They all come to see yankee slicker saying, baby, you're what I want.

          Want you to sign the contract,
          want you to sign the date.
          Gonna give you lots of money
          workin' for MCA.

    Oh, nine thousand dollars just to sow to the wind.
    Come to smile at the yankee slicker with a big old southern grin.
    They're gonna take me out to California, gonna make me a super star.
    Just pay me all my money, mister, maybe you won't get a star.

          Want you to sign the contract,
          want you to sign the date.
          Gonna give you lots of money
          workin' for MCA.

    Slickers steal my money since I was seventeen,
    if it ain't no pencil pusher then it got to be a honky tonk queen.
    But I signed my contract, baby, and I want you people to know
    that every penny I make, I gotta see where my money goes.

          Want you to sign the contract,
          want you to sign the date.
          Gonna give you lots of money
          workin' for MCA.

                                  - Edward King & Ronnie Van Zant

    1. Re:It's an OLD story by jefferson · · Score: 1

      Hah ha! That's good. I especially like "from a motorboat.."

      Try this for the real lyrics:
      http://www.skynyrd.com/lyrics/91-97/box/disc2/d2c. html

    2. Re:It's an OLD story by Anonymous Coward · · Score: 0

      Speaking of Ronnie van Zant, is anyone out there working to liberate all albums encumbered by computer-destroying DRM? Where's the torrent?

    3. Re:It's an OLD story by Anonymous Coward · · Score: 0

      Yeah, that was pretty funny...you got me on that one! There's a lesson to be learned from putting too much trust in lyrics sites....

  25. Hmmm... by 8127972 · · Score: 1

    "As for musicians, we are left to wonder how many more people could be listening to our music if it weren't such a hassle, and how many more iPods might have our albums on them if our labels hadn't sabotaged our releases with cumbersome software."

    Actually, my iPod had music I stole off the Internet not just because of rootkits from Sony. It's because:

    - Prices for CD's were really high here in Canada (until recently when the labels drop their pricing to make CD's more "affordable").

    - I want to buy music online. While iTunes has decent pricing for music. Their DRM restrictions leave me a bit cold (although they are more liberal than the rest).

    - Most of the time, I don't have a compelling reason to buy a CD. Not with all the cookie cutter artists out there.

    Sure rootkitted CD's have cost the music industry some sales, but there's other facts at work here.

    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
    1. Re:Hmmm... by wes33 · · Score: 1
      Actually, my iPod had music I stole off the Internet not just because of rootkits from Sony


      In Canada, it is legal to download from the internet, so what's your definition of "stealing"?
  26. I tried telling a karaoke executive drm sucks by t0qer · · Score: 4, Insightful

    I was pitching the idea of an online karaoke store to a karaoke label. Conversation went something like this;

    me: "DRM will always be cracked, folks will find a way around, why bother?"
    him: "It makes the labels comfortable"
    Me: "Yah but the cats out of the bag, its open season on the net for filesharers"
    him: "I like to quote my locksmith friend, locks aren't supposed to keep criminals out, they're supposed to keep honest people in"

    I should have come back with "Oh so you think everyones dishonest do you?", but nah, I liked this guy.

    Not that it will ever happen in our lifetime for audio files, but there will be some advancement in audio that will only be avaliable on DRM, it's only a matter of time. Maybe it will be some newfangled 42 channel lossless surround sound that we haven't even concieved of yet.

    At some point, all these files floating around for free on the net are going to start sounding pretty crappy, and the DRM files will be the only ones that will be the MUST HAVE rage.

    I sort of picture christmas with the family. I'm sitting there showing off some non DRM linux based audio juke that I can ssh into, compile my kernel on and browse the newsgroups, and my grease mechanic uncle will pull out the "Microwhore pocket media" device that straps to your chin and transmits 52 channel DRM audio through your jawbone. No matter how cool it is to other geeks I can run seti@home on my linux based juke, it won't matter to the other family members all pressing the micropoop to their chins and salivating from a near orgasmic audio experience.

    This has been brought up a lot of times about OSS, GNU, linux stuff in general. We're going to be assed out when it happens, back here on slashdot complaining about the lack of linux driver support for playing back these drm audio.

    DVD Jon will fly in wearing a blue leotard, red boots, red cape, and a tux logo in a diamond on his chest. He'll break the DRM again, we'll be happy for a while, but the rest of the consumer market will go on.

    Smart people, tech savvy people are in the minority. I hate to say this, but it's true. Most of the world buys what the TV tells them to.

    1. Re:I tried telling a karaoke executive drm sucks by 91degrees · · Score: 1

      him: "I like to quote my locksmith friend, locks aren't supposed to keep criminals out, they're supposed to keep honest people in"

      I'd have answered "Uhmm... No... They're supposed to keep criminals out. That's why I lock my car and my house and my bike". (Actually I wouldn't - I'd have just given up the argument as not worth having).

    2. Re:I tried telling a karaoke executive drm sucks by saitoh · · Score: 1

      >>>him: "I like to quote my locksmith friend, locks aren't supposed to keep criminals out, they're supposed to keep honest people in"

      >>Smart people, tech savvy people are in the minority. I hate to say this, but it's true. Most of the world buys what the TV tells them to.

      Essentially, you came to the same conclusion that he did. DRM isnt meant to keep everyone out, its ment as a deterent and incentive for the majority. Can you break it, yes, but its like using an iriver with itunes instead of an ipod. You could use an iriver, but the process has more hassel (which takes time/resources) then following the incentive trail and using an ipod which will automatically sync music/etc.

      You *can* crack the DRM and go to the effort of doing that, but the majority of people dont want to bother. If the DRM wasn't there, and napster had been left unhindered, it would have been easier to download then buy, but its not now cause the average person gets hung up on how to rip and crack stuff. The incentive to buy music wouldn't have been strong enough. However, it (DRM) seems to be enough incentive and determent to keep the honest people in the system, but not perfect in that it doesnt keep *everyone* in. While not perfect, it does accomplish what I believe to be the intended goal (of the majority).

      Plus (if you have a tinfoil hat nearby), since it isn't perfect, the labels can create the PR pitch for legislation in their favor.

      --
      We don't need an "overrated" so much as we need a "you completely missed the parent's point, dumbass..."
    3. Re:I tried telling a karaoke executive drm sucks by iainl · · Score: 2, Informative

      "Not that it will ever happen in our lifetime for audio files, but there will be some advancement in audio that will only be avaliable on DRM, it's only a matter of time."

      It already happened; the copy protection on neither SA-CD nor DVD-A have been broken to my knowledge. Certainly I've never seen illegal download versions of them. However, the majority of people have decided that the music they can already play (whether that be purchased CDs or mp3 downloads) is "good enough", and the formats have been pretty stillborn.

      But then, my system isn't exactly the worst I've ever heard (NAD player, Pioneer amp, Celestion speakers) and I think my CDs sound perfectly good enough as well.

      --
      "I Know You Are But What Am I?"
    4. Re:I tried telling a karaoke executive drm sucks by Anonymous Coward · · Score: 0

      DRM does NOT and will NOT hold.
      If you can get some new über format encumbered with DRM, the same file but *cleaned* will be available for net leechers....

      For example check the first HD releases of DVD movies (lie Terminator 3 extreme edition).
      It's was pretty new & better at the time, with HD (1080p ?) video content stored on a standard dvd as WMV, *BUT* DRMed to the bone (need to acquire a license on the net every other day, must connect from U.S....)
      Well folks have been tinkering with a japanese anti-WMV-DRMv2 soft and now easily manage to remove the DRM.
      So now the file you can get on p2p is the same exact pristine video *WITHOUT* DRM.

      As TFA says, it's obvious that the only persons not affected by DRM are freeloaders, in this case:
        * you buy the extreme edition, you get f*cked with a brain-dead copy of a movie
        * you install azureus, you get a next gen video file that can be played on *any* platform...

      Now i know:

        * I'll never buy next gen dvd if they work like that,
            (what's the use for a disc that can only be played in a windows-based, internet-connected, PC platform ?)
              provided the majors come to an agreement on their prefered DRM scheme in the near future, and actually release some HD content on disc, which is not so sure right now...

        * We can get HD media for free with no hassle rigth now

      Media Giants, Get A Clue !

      On a side note, the tools to remove DRM are not reserved to tech savvy people, granted the drmv2 remover i mentioned above is horrible to use, but if lots of people feel a need to use it, it'll become a snap.
      DeCSS, for example, was in the beginning reserved to linux geeks but quickly made it's way to *every* dvd copier, like the worldwide-used dvd shrink...

      Oh, and BTW, if you need to be more persuasive against DRM, as someone posted before in this thread, reread the excellent speech to MS By Cory Doctorow

    5. Re:I tried telling a karaoke executive drm sucks by argent · · Score: 1

      Well, he's got a point, or he might have if the "DRM industry" wasn't undermining it... all you need if you're trying to keep mostly-honest people honest is a token lock. The iTunes nudge-nudge-wink-wink DRM has been tremendously successful even though Apple tells you one way to remove it by burning an audio CD, and recommends that you do this to have a backup.

      You don't need "secure audio path" and hardware DRM and kernel DRM modules for that.

      And if you DO want strong DRM, putting it in the middle of a general purpose OS is stark staring bonkers. There are so many avenues of attack for that the only way to make it secure is to cripple the OS. Make the DRM, the keys, the decoder, and everything else part of the audio hardware and the video card... so the OS doesn't need to be any more secure than the internet connection the media was downloaded over. It just pulls an encrypted audio or video stream from the file and feeds it to the card, and the decryption happens there. MUCH better design than this one.

      I seem to recall that they actually have done that in cards with hardware MPEG decoders for DVDs.

      I suspect that the reason Microsoft is pushing so hard to put it in the NT kernel, other than their fetish for making Windows the center of the computing world because they're still trying to operate as a start-up, is that open source software would be able to easily support hardware DRM in the end devices, whereas supporting hard DRM in the OS and convincing software vendors and content creators to trust them is a much tougher job.

      However I have one question...

      At some point, all these files floating around for free on the net are going to start sounding pretty crappy.

      What makes you say this?

    6. Re:I tried telling a karaoke executive drm sucks by 16K+Ram+Pack · · Score: 1
      CD is simply good enough for 95+% of people. Most people don't buy the sort of hi-fi that you are talking about.

      Hi-definition could be "good enough" for video. If not, there's one more stage after until someone figures out holographic TV.

    7. Re:I tried telling a karaoke executive drm sucks by TheRaven64 · · Score: 1

      DRM might have worked twenty years ago, but peer to peer file sharing changed that. Now, it doesn't matter if 99% of the population can't crack the DRM. It doesn't matter if 99.99% can't. As long as one person can, does, and shares the files then it's as if there is no DRM - anyone can download the music. Meanwhile, anyone who tries to copy the CD to their iPod (or whatever) and can't has a problem. At some point it becomes much easier to pirate music for your iPod than buy CDs, and at this point DRM has really lost - would you choose a restricted file that cost money and was a lot of hassle to use, or a free one? iTunes is currently only able to sell music because it's convenient - Steve Jobs regards P2P as his biggest competitor, it wins on price while he wins on ease of use. Adding more DRM requirements to iTMS music would start to erode their competitive advantage.

      --
      I am TheRaven on Soylent News
    8. Re:I tried telling a karaoke executive drm sucks by Woy · · Score: 1
      Not that it will ever happen in our lifetime for audio files, but there will be some advancement in audio that will only be avaliable on DRM, it's only a matter of time. Maybe it will be some newfangled 42 channel lossless surround sound that we haven't even concieved of yet.

      At some point, all these files floating around for free on the net are going to start sounding pretty crappy, and the DRM files will be the only ones that will be the MUST HAVE rage.

      That's like saying one day there will be books that can only be sold in red bags. If current music file quality starts sounding poor to our future selves, we'll just rip the new DRM files out of its DRM. From the point of view of computer science, DRM is nothing but a sticker that says "This sticker cannot be removed". But all stickers can be removed.

      --
      "If God created us in his own image we have more than reciprocated." - Voltaire
    9. Re:I tried telling a karaoke executive drm sucks by scheming+daemons · · Score: 3, Informative
      At some point, all these files floating around for free on the net are going to start sounding pretty crappy

      Why? The human ear is not going to improve in its ability to discern nuances in sound in the near future.

      We've pretty much maxed out on providing lossless sound already (as far as the human ear can tell) with current non-DRM formats.

      When you're already at the 99.9% level of hearing the sound on playback as it sounded live, there really isn't anything that can improve on it.

      Sure.. some suckers will buy a "new" format that claims to be more lossless, and they will insist to everyone that they can really "hear" the difference. But the truth is, unless they have some canine in their ancestry, they won't be able to hear the difference.

      We've damn near maxed out on improving sound quality in file formats, as far as any human ear can tell.

      DRM is dead. If you can hear it coming through your speakers.. you can record it. At 0.001% loss.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    10. Re:I tried telling a karaoke executive drm sucks by StrawberryFrog · · Score: 2, Interesting

      Not that it will ever happen in our lifetime for audio files, but there will be some advancement in audio that will only be avaliable on DRM, it's only a matter of time. Maybe it will be some newfangled 42 channel lossless surround sound that we haven't even concieved of yet.

      Wrong. The new format is the portable music player, iPod et al. And it's worse quality. People bought it because it did things that big, high quality stereos didn't do at all, like fit in your packet and play any song in your collection on random.

      If a new stanbdard in sound quality did emerge, and was truly in demand, sooner or later an open-source version would follow. And rippers to remove the DRM. Look at .ogg and .flac. Look at DVD to .avi software.

      --

      My Karma: ran over your Dogma
      StrawberryFrog

    11. Re:I tried telling a karaoke executive drm sucks by poot_rootbeer · · Score: 2, Informative

      At some point, all these files floating around for free on the net are going to start sounding pretty crappy, and the DRM files will be the only ones that will be the MUST HAVE rage.

      I think you place too much importance on the general public's desire for Quality.

      Yes, DVDs can provide a higher-quality audiovisual experience than VHS tapes. This doesn't mean much when people are still hooking up their players to their Plain Old TVs with a composite cable, and listening to the sound through the TV's 4-inch mono speaker.

      DVD supplanted VHS because of convenience, not quality. DVDs don't need to be rewound. They're random-access. They take up less space and usually come with bonus features and content.

        The industry has tried several times to sell a next-generation consumer audio format with higher quality -- DAT, DVD-Audio, SACD -- and invariably they've been relegated to small corners of the market. Oddly enough, the move from CDs to MP3s is a huge step BACK in quality. But the market doesn't mind, because MP3s offer far more CONVENIENCE. You can't carry 250 CDs with you in your pocket.

    12. Re:I tried telling a karaoke executive drm sucks by yfkar · · Score: 1

      Hmm... wonder why you can find both SACD and DVD-A downloads in 10 seconds if they don't exist.

    13. Re:I tried telling a karaoke executive drm sucks by GWTPict · · Score: 1
      I sort of picture christmas with the family. I'm sitting there showing off some non DRM linux based audio juke that I can ssh into, compile my kernel on and browse the newsgroups, and my grease mechanic uncle will pull out the "Microwhore pocket media" device that straps to your chin and transmits 52 channel DRM audio through your jawbone. No matter how cool it is to other geeks I can run seti@home on my linux based juke, it won't matter to the other family members all pressing the micropoop to their chins and salivating from a near orgasmic audio experience.

      Have you considered therapy?

    14. Re:I tried telling a karaoke executive drm sucks by yet+another+coward · · Score: 1

      Online karaoke is a fantastic idea. Of course, record executives will ruin it. It should be pitched using subscription or event pricing. I would pay $10 to supply an evening of karaoke when hosting a party.

    15. Re:I tried telling a karaoke executive drm sucks by iainl · · Score: 1

      Hence "to my knowledge". I wasn't aware they had, and in my stumblings around the net I've never found a track available for download at greater than CD quality. If you know better, then that's great to know.

      Not that I then have a way to get the sound from my PC to the amplifier, but that's just my problem.

      --
      "I Know You Are But What Am I?"
    16. Re:I tried telling a karaoke executive drm sucks by dimension6 · · Score: 1

      I think that the new move to portable digital formats is so great because it offers choice. My own collection is a mixture of MP3, OGG, and FLAC, each with their own benefits (i.e. the jazz comprises of a great mixture of instruments, and thus a warrants high quality compression format; FLAC). As storage space becomes cheaper, more and more people will move to lossless formats (it's low on the priority list, but hey, if they have all the extra space, why not?). Eventually, the quality of portable digital media will surpass that of CDs etc....

    17. Re:I tried telling a karaoke executive drm sucks by Anonymous Coward · · Score: 0
      "I like to quote my locksmith friend, locks aren't supposed to keep criminals out, they're supposed to keep honest people in"

      Retort: "And when the product you honestly bought locks you out of its use do you become the criminal and break the lock or return the product to the scene of the crime?" Err, or something like that...

  27. DRM not for musicians by gr8_phk · · Score: 1, Interesting

    A great musician can make a living doing live performances. People who need 6 takes of each line in a studio followed by some DSP cleanup and effects are the ones who want DRM to maximize profits through heavily advertised music sales. Several pop stars come to mind. When the music IS the product, you want DRM. When you sell yourself as a musician, you don't.

    1. Re:DRM not for musicians by GlassHeart · · Score: 1

      Live performances and the resulting life on the road are tiring. While they can be the primary source of income for many musicians, it is also a huge timesink that takes away from their time to write new songs, raise a family, etc. I can easily imagine that some musicians would want to avoid or limit the number of their live performances (while others thrive on them). Perhaps your black-and-white conclusions are hasty.

  28. OK, if you are Superman... by pedestrian+crossing · · Score: 1

    You know, I picked up a "CD" the other day and specifically looked for the CD logo. I think it was there, but it was so small, I couldn't be sure either way. Seriously, it was in 1 point type!

    --
    A house divided against itself cannot stand.
    1. Re:OK, if you are Superman... by innocent_white_lamb · · Score: 1

      Then it probably wasn't there.
       
      Folks selling "genuine" CD's have no reason to hide or obscure that fact. Folks selling non-CD plastic circles may, on the other hand.

      --
      If you're a zombie and you know it, bite your friend!
  29. Re:Please copy our stuff! by Klaruz · · Score: 1

    Yes he's conflicted, and a hypocrite and a liar. He made his choice, in this day and age, people in the music scene know what labels are like. He wants the best of both worlds and that's wrong.

    So I guess:
    Band gets signed to label.
    Band goes in debt to label.
    Band needs people to hear them, encourages trading.
    Band makes it big.
    Label puts protection on CD.
    Band discourages trading.
    Fans who trade get sued.
    This is ok with you.

    Pick one way or the other, you can't have both.

  30. Indie artists and the Internet by arpk4n3 · · Score: 1

    This to me is just another reminder of the fact that musicians, if they wish to exist and succeed, independent of labels, MUST encourage downloading and distribution of their music so as to avoid the hegemonic devices of the music industry to protect their mechanical copyrights, such as DRM and indeed, the exclusive recording contracts themselves. If a recording artist is not able to record or release material under any other label, including his own, the recording label alone controls the works of that artist. It becomes more than just patronage at that point--it's owernship. However, by exploiting the channels of communication and promotion that the labels wish to avoid at all costs, whether because they are young technologies, or because they seem to have little profitability, such as P2P, .torrent, Internet radio, and increasingly, XM and satellite radio, the independent artists gain a monopoly of those mediums and can exist--without being on a label, and without the power of the label looming over them.

    I wrote a short paper on this, entitled 'On Music and Paradigms', available in PDF format, here.

  31. Accountants? by Anonymous Coward · · Score: 2, Interesting
    ...our accountants can tell you that we're not real rock stars yet.

    WTF? Accountants are judges of rock stars? What happened to the music?

    1. Re:Accountants? by GnarlyNome · · Score: 1

      If you like anything other than the latest (C)rap or Hip Hop you're not gonna find it at Sam Goodies AAMOF you are not likely to find it at Itunes either.
      Many good groups will never be heard because the bean counters decided that they were not "Cost effective"

      --
      Diplomacy is the art of saying "Nice doggie" until you can find a rock. Will Rogers
  32. bands don't make music to make money by circletimessquare · · Score: 1

    bands make music because they love music, they want hot chicks..., AND some money would be nice

    but you don't need 50 cent's money to live large (heh), heck, a couple hundred thou a year from touring gigs is fine

    so successful bands will ALWAYS make money from concert gigs: someone controls access to the theatre, selling tickets: no amount of cyberspace bandwidth gets you anywhere in that meatspace

    plus there are product endorsements, advertising: that's a lot of money

    tiger woods lives larger than 50 cent, and he doesn't need no stinkin' drm to cash in on his popularity

    so the future will be the same even with 100% music piracy: bands will just make cash from touring gigs and advertising

    and the fans get free iPod fodder

    it's a win-win

    who loses? the traditional music conglomerates

    so you'll excuse me if i don't find any argument about how music piracy hurts the musicians very persuasive

    it's not morality, repeat IT IS NOT A QUESTION OF MORALITY TO PIRATE MUSIC

    it's crocodile tears, crocodile tears by men in suits on a sinking ship

    but who gives a fuck if bmg, emi, etc. disappear from the face of the earth?

    it can only get better as far as i can see

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:bands don't make music to make money by Red+Flayer · · Score: 3, Interesting

      "but you don't need 50 cent's money to live large (heh), heck, a couple hundred thou a year from touring gigs is fine

      And how many artists are successful enough to make six figures touring? Not many.

      "so the future will be the same even with 100% music piracy: bands will just make cash from touring gigs and advertising"

      And what about everyone elso who is involved with producing the music? All the people who work in the studio, all the people who work on distro, all the people who make an album happen? Do you think that only musicians who self-finance should be able to succeed? How about all the money it takes to get a band to the point where touring becomes profitable? Because the jump from playing small bars to big venues is a huge one, and requires some serious capital.

      "it's not morality, repeat IT IS NOT A QUESTION OF MORALITY TO PIRATE MUSIC"

      Well, that depends on your morals, now doesn't it? If your morality doesn't account for all the people who worked to make the product you want to listen to (sound engineers, etc), then sure, it's not a question of morality. If your morality doesn't account for the validity of the marketplace, then sure, it's not a question of morality.

      Me, I don't like concerts. I can't frickin stand the crowds or the volume. The only way I can support an artist I like is to either send them money directly, or purchase their album (yeah, I know they make crap off album sales).

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:bands don't make music to make money by circletimessquare · · Score: 1

      And how many artists are successful enough to make six figures touring? Not many.

      yes... and? is it written somewhere everyone who picks up a guitar deserves six figures? there are a million starving artists in the world, with or without music piracy. red herring

      And what about everyone elso who is involved with producing the music?

      what about them? they won't get paid? it costs a certain amount of money to produce music. the producer deserves consideration for their input. how much do they deserve? again, crocodile tears from those making millions. i fail to understand why you expect me to feel sympathetic for rich bastards. you seem intent on protecting the notion that producers deserve to make millions. and you think that is morality? i suppose next you'll argue debeers deserves it's monopoly on diamond distribution. face it: when synthetic flawless diamonds are made by the pound, debeers is out of business. well guess what: you live in a world now where you can distribute music effortlessly, without vinyl, tape, or cds. welcome to the concept of disruptive technology. it changes things. things have changed. permanently. when the spaniards arrived in the new world, the aztecs and incans went out of business. is that a good thing? a bad thing? well, it happened. it's over. discussing rebuilding the aztec or incan empire is absurd, right? so why do you think it is not absurd to talk about preserving an antiquated music distribution model? nowhere is it written in the bible or the us constitution that record producers deserve to be millionaires. they will compensated, handsomely, if they are good, they will command resepct and a big salary... ALWAYS. in the future as well as today. another red herring of yours. enough with the hysteria and fear of the unknown

      Well, that depends on your morals, now doesn't it?

      i'm more moral than you. you apparently expect fans to get less of the music they love (what is your monthly stipend for music purchases? your affluence is the ruler by which everyone should be judged? is that your defintion of morality?: "thou shalt have enough cash to shore up a failed distribution system or thou shalt not hear music"), you expect us to preserve a system where musicians are shafted by record companies (you admit yourself they don't get anything off an album sale)

      so what about morality again?

      what is music? it's love, it's art. it's not money. and we're living in a world where the money that corrupts it is being stripped out of it. musicians will still make money. producers will still make money. and fans will get more music. the only ones who suffer are those fat cats making unnatural millions off of an antiquated distribution system. morality? the future sounds like a more moral world to me. i don't understand why you confuse their crocodile tears with a principled moral stand. it sounds like you are invested in the system, and you have some sour grapes about how history has unfolded. i don't control history. no one does. and that's the whole point: the genie is out of the bottle, there is no reversing what is going on

      you are propagandized if you believe that music piracy is immoral. what is immoral is the system that music piracy is destroying. unnatural economic barriers to people's enjoyment of the music they love is not moral. go back 200 years: how did people enjoy music? is that an immoral world to you? do you love music? or do you love money?

      finally, i am not one of those people who believes that music piracy is not a question of morality. it is very much a question of morality: making the world a more moral place

      i pirate music

      and i do it in the name of a morality

      you are morally inferior to me, attempting to preserve an inferior, more unfair system. more unfair to fans, more unfair to musicians. the only ones who lose in the new world are the fat cats who have none of my sympathy. no moral argument protects their position of priveledge which is fast eroding

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    3. Re:bands don't make music to make money by Just+Some+Guy · · Score: 1
      If your morality doesn't account for all the people who worked to make the product you want to listen to (sound engineers, etc), then sure, it's not a question of morality. If your morality doesn't account for the validity of the marketplace, then sure, it's not a question of morality.

      First, as another poster mentioned, the sound engineers, etc. will get paid anyway. They don't get a cut.

      Second, your causality is backward: the marketplace doesn't define morality, but is defined by morality. That is, markets exists wherever the involved parties decide to exchange their assets. You don't get the privilege of picking an arbitrary point and saying, "this, this is the one true market!" Instead, your customers let you know where it's going to be, and if you don't meet them there, then your competitors eventually will.

      Fair? Moral? It doesn't matter; it's the way market forces work, in much the same way that the law of supply and demand isn't subject to our opinion of its goodness. Smart companies will find the places where their potential customers are gathering and ready for barter. Stupid companies will attempt to force their soon-ex-customers to the place of the companies' convenience. That may work for a little while, but it can only be a temporary situation.

      --
      Dewey, what part of this looks like authorities should be involved?
    4. Re:bands don't make music to make money by Anonymous Coward · · Score: 0

      lol

      it's cts again

      with his vertical spam

      dude just because k5 is down right

      now

      doesn't justify you committing crimes against grammar

      here as well

    5. Re:bands don't make music to make money by Red+Flayer · · Score: 1

      "yes... and? is it written somewhere everyone who picks up a guitar deserves six figures? there are a million starving artists in the world, with or without music piracy. red herring"

      Read the OP again. I didn't toss that out there.

      "i fail to understand why you expect me to feel sympathetic for rich bastards"

      Yeah, that soundboard tech making 25k in NYC is a rich bastard. /whatever.

      "nowhere is it written in the bible or the us constitution that record producers deserve to be millionaires."

      Where did I say this? You're putting words in my mouth, stop it. You're also ascribing motives to my stated opinions, stop it. Don't get all worked up over what I said when what you're getting worked up over isn't even remotely close to what I'm saying.

      "you expect us to preserve a system where musicians are shafted by record companies"

      No. When did I say that? I don't think that the current system is a good one -- but I don't think that distributing all content for free is good either. If you really want to send a message to the recording industry, don't buy the music, don't pirate the music. Boycott it. The artists will get the message, the labels will get the message.

      "you are morally inferior to me, attempting to preserve an inferior, more unfair system. more unfair to fans, more unfair to musicians. the only ones who lose in the new world are the fat cats who have none of my sympathy. no moral argument protects their position of priveledge which is fast eroding"

      Dude, you have no f-in clue what you're talking about with respect to my opinions. You are trying to categorize my thoughts and opinions according to your view of what all people who think music piracy is wrong think.

      Get a fucking clue. If you had any backbone, you wouldn't listen to any artist that chose to have their music distributed by that 'antiquated distribution model' you are so against. If you don't like the product (which, btw, includes distro of the product) don't buy it. YOU are one of the people telling the record companies that there is demand for their crappily distributed product, YOU are on of the people supporting the recording industry by supporting the artists who choose to sign with the big labels.

      So take your self-righteous hypocritical BS and go listen to artists who do things the way you want, and stop bitching about people who actually support their convictions.

      Oh, and BTW, while you're at it, try not to put words in people's mouths, m'kay?

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    6. Re:bands don't make music to make money by Red+Flayer · · Score: 1

      "First, as another poster mentioned, the sound engineers, etc. will get paid anyway. They don't get a cut."

      Except, of course, that money to pay them needs to come from somewhere, and fledgling bands likely don't have the cash to pay for a top-quality studio album.

      "Instead, your customers let you know where it's going to be, and if you don't meet them there, then your competitors eventually will."

      You're right, for commodity goods -- the moral choice is buy from any supplier you want for any reason you want. However, if you believe in IP (which I do, and is the crux of the issue), music is not a commodity good, and so competitive analysis is not applicable. Instead, the only choice for product X is buy|not buy at the terms offered, or to negotiate different terms. If you pirate music, you are purchasing counterfeit goods, which are not competitive, and are outside the moral marketplace (again, if you believe in IP).

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    7. Re:bands don't make music to make money by SMS_Design · · Score: 1

      And how many artists are successful enough to make six figures touring? Not many.

      I work with a student group at a university that recently hired a singer-songwriter-activist type named Magdalen Hsu-Li to play a small concert. We paid a few grand for this, and her expenses were basically for her to travel with her drummer (Who is also her significant other) and their instruments. She had also done a gig in a neighboring state earlier the same day.

      I figure that if she were to be clearing $2-4k per gig, and she worked out a good schedule for touring, she could very easily make it into the six figures touring. And she is a relatively <I>tiny</I> act.

      Really good musician, though.. if anyone is into the female singer-songwriter thing.

  33. There There, Labels by Bob9113 · · Score: 3, Funny

    It's OK labels. Don't cry now. There there. Yes, stop sniffling. It's OK. I know your customers and your vendors hate you, but it's OK. The politicians, lobbyists, and, well, you still love you.

  34. Martyr and all that he is ... by Anonymous Coward · · Score: 0

    ... and now I'm off to download that album!

  35. That's not why GM is in trouble by Kombat · · Score: 1

    In the case with GM, they failed to realize the benefit and demand for hybrid vehicles. How they missed this, and many other oportunities, is beyond me

    Uh, no. GM was actually among the very first to jump on the alternative energy bandwagon with the EV-1, which came years before any Prius or Insight rolled off an assembly line.

    GM is in trouble because of a crippling pension liability. In the past, GM offered very generous pension and benefit programs to attract top talent. It worked, but now those folks have retired and are reaping the (expensive) benefits of that generous pension plan, and it's putting a very real and serious strain on GM's bottom line. GM's competitors don't have such large pension liabilities handicapping their budgets, and thus are able to invest more in developing new products. GM needs to do something about their pensioners, and that's going to be extremely difficult to do.

    --
    Like woodworking? Build your own picture frames.
    1. Re:That's not why GM is in trouble by quanticle · · Score: 1

      Ford and Chrysler are saddled with similar pension liabilities, and both of them are doing better than GM (esp. Chrysler). The reason for this is that both Ford and Chrysler have killed off nonperforming brands, and put serious design talent into enhancing the brands that are doing well. Simply put, GM is having so much trouble meeting its pension obligations because no one will buy their cars without a deep discount. If they switched to a more flat-rate pricing model, and made cars that appeal to the market, they wouldn't have as much trouble with pensions as they do now, because they'd have the revenue to cover their obligations.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    2. Re:That's not why GM is in trouble by Anonymous Coward · · Score: 0

      No GM is in trouble because the greedheads nb Wall Street got the SEC to pass accounting changes in the 80's about how copanies were allowed to handle unfunded pension liabilities, basically by making them 'go away'.

      This had the immediate effect of making their balance sheets look much better, allowing those execs and Wall Street to reap huge profits by hiding the company's true liabilities.

      Well, now the piper has come to be paid. What's going to happen is the same greedheads will get their pet Congress to pass laws allowing the pensions to simply be defunded. Fuck the workers.

      A "Free Market" means you never have to honor your promises or contracts.

  36. Re:Please copy our stuff! by DoorFrame · · Score: 2, Interesting

    If you don't think middlemen serve a purpose, then why, do you suppose, do producers not simply sell directly the consumers?

    There's a service in delivery and there's a service in filtration... both of which the music industry provides. Just because someone is a middle-man doesn't mean they're not providing a service. If they weren't providing a service, nobody would ever hand them any money.

  37. Re:Please copy our stuff! by Kombat · · Score: 1

    and the shocking answer to who makes all the money? the middleman of course, the one selling this pipe-dream to the artist. The one putting locks on the music that keeps the fans from listening. See the lil' secret that all middlemen don't want people to know is that they have no discernable skill of their own

    I disagree with this. First of all, it's not a single "middle man," but rather a very, very large team of experienced professionals that make an album come together. Someone had to write and score the music and lyrics (possibly with some input from the artist, though less and less so nowadays), design the cover art, advertise and promote the band, secure and arrange touring and performance contracts, record, master, and edit the music, manage and arrange CD printing, delivery, and distribution, take care of legal issues for the band, and on and on and on.

    The band shows up for a few hours on Tuesday and Wednesday to actually sing the songs that were written for them, then they go have unprotected sex with random groupies for the next 6 months while everybody else puts in 8 hour days making the entire album come together. So why in the hell should the artists get the lion's share of the profits? What makes them so special? The dozens, or even hundreds of other, "behind-the-scenes" people who worked on the album all worked much harder on the product, why should they get thrown the scraps that are leftover once the band gets the rich reward you seem to think they're entitled to?

    Sincerely curious.

    --
    Like woodworking? Build your own picture frames.
  38. From the Poor Graduate Student to the RIAA by Anonymous Coward · · Score: 1, Interesting

    I love music. I love all kinds of music (ok, not so much country). I like listening to music on the way to school. In my car. In the House. My life pretty much has a soundtrack.

    Unfortunately, I can't afford music. I make about $10k a year and most of that has to go to more important things - rent, food, and insurance - the necessities of life. Anything left over goes straight to school supplies and books. So, at $16 a pop, I can afford either a single CD, most of which I won't listen to more than once, I can also get a case of Ramen noodles, which will feed me for at least a week. Sure, I could buy songs from iTunes or the like, but then I won't be able to use them anywhere else, and I don't have an iPod, so I'm pretty much left out in the cold.

    You leave me with three choices, two of which aren't viable. I can listen to the radio - unfortunately most of our radio stations spend more time advertising and playing dance remixes than anything new (or old). I can go without music - of course music being a joy of my life that would certainly make things duller, if not eerily quieter. I can copy music - I probably won't get caught no matter how strong your penalties are and I can get what I want, when I want it.

    Since most people tend to base choice as the result of a rational decision making process that weighs out the pros and cons, why don't you look at the above pros and cons I've mentioned and determine for yourself, what is the rational response to music pricing and availability? To a poor person that loves music the pros of not copying are minimal at best while the cons of copying also minimal. If there is anything the war on drugs has taught us it's that you can't legislate or enforce your way out of a "crime problem". No matter how harsh the penalty, all seeing the enforcers, individuals will always escape the law. So here I leave you with an option, make things easier for all of us poor music lovers out there, or accept the "copied" future...

    Sincerely,
              A Poor Graduate Student

    1. Re:From the Poor Graduate Student to the RIAA by crabpeople · · Score: 1

      "To a poor person that loves music"

      Well your not a consumer then, why should the RIAA care what you have to say? corporations dont do anything for the good of their heart. they arent people and havent got emotions. you cannot reason with a corporation. a + b + c = x remember? if x is less than the cost of a recall, we dont do one.

      think he made that shit up?

      this is why society needs to have full control of music. Subsidized production, marketing and distribution. You cant copyright infringe on something everyone owns. Corporations never exsist for the benifit of the consumer. never.

      --
      I'll just use my special getting high powers one more time...
  39. Re: Onerous Site Registration by some+guy+I+know · · Score: 1

    I couldn't even get to the site; I got a "max number of redirects (302) exceeded", probably because I have cookies diabled by default.

    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
  40. DRM is about to run into a big problem. by CFD339 · · Score: 3, Insightful

    DRM is "workable" so far only because it really impacts a minority. A growing minority, but a minority anyway. For most people, iTunes is seen as a "reasonable compromise" and they assume some unknown group they call "hackers" probably still "pirates" music.

    Joe six pack couldn't care less.

    Soon, however, you'll need a special monitor or a special TV to watch high quality video. That crosses the line. The industry as a whole is going to find out that you DO NOT MESS WITH THE TV. That, in the US, is sacred. Mess with the TV and you're a "damn govm't commie".

    I predict that the requirement for special viewing hardware to "Close the analog hole" will go over about the same way Microsoft's attempt to tell I.T. directors they had to upgrade within 6 months or pay full retail. Anyone else remember that mistake?

    All its going to do is wake up people who presently don't care to how over-reaching the policy is. The backlash will be fun to watch.

    --
    The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
  41. Re:Please copy our stuff! by Anonymous Coward · · Score: 0

    What service? filtration? What are you blathering about? We live in a world in which teenagers can do a better job of distributing music than the records company. P2P takes advantage of network proficiencies that the old industrial distribution systems could only dream about. I'm sure that the medieval scriber had nasty things to say about Guttenberg as well...

  42. Where do the Artists make the best revenue? by Anonymous Coward · · Score: 1, Interesting

    Question to Slashdotians as to where DO the artists make their greatest revenue? Its it through cd sales or is it through touring?

    Do they need the mass media (Video, Radio and record sales) to generate the recognition to have a sucessful tour or do they also reap massive revenue from all media and touring?

  43. Locks are not safe by Anonymous Coward · · Score: 1, Informative

    No lock available on any consumer-grade car, truck, minivan, house, garage, shed, or toilet (don't ask) is capable of keeping criminals out. This is *well known* among locksmiths and security professionals. Unless you live in a bank vault, you can't keep even your average garden-variety criminal out of your stuff.

    Ever watch the show "It Takes A Theif?" Locks are there to make you *feel* safe, not to actually protect you or your valuables. They also provide a legal basis for prosecuting someone for B&E or trespassing. If the door is locked from them, they weren't supposed to be there.

    And actually, I say that the "It Takes A Theif" guys don't go far enough (although I know why). They almost always go easy the second time they hit a house (after the security upgrade), simply because they'd get in MAJOR trouble if they went around destroying all the fancy gadgets that the producers just got done installing. Not only that, they'd seriously compromise their entire show premise if they went through, set off the alarms, and still made off with what they could...it would show that *NOTHING* is safe, EVER, regardless of security.

    Here's a fun fact: If the locks on your home were made by Kwikset, I have a key to your house. There are a limited number of OEM keys cut for Kwikset locks, which are some of the most popular locks around. How safe are your locks now?

    1. Re:Locks are not safe by 91degrees · · Score: 2, Informative

      No lock available on any consumer-grade car, truck, minivan, house, garage, shed, or toilet (don't ask) is capable of keeping criminals out.

      Yes they are. Most of the criminals round here are kids who wouldn't know where to start attacking a lock. Locksmiths know how easy it is for a locksmith to break in. Most criminals aren't that skilled. The ones that are are probably going to go for richer pickings.

      Here's a fun fact: If the locks on your home were made by Kwikset, I have a key to your house.

      Good job they're not then.

      Here's another fun fact - About half of unlawful entry through doorways occurs when the doors were left unlocked. And most criminals will spend less than a minute trying to break in.

  44. /. OPED piece by foniksonik · · Score: 2, Interesting

    Not being a working musician or even a musician at all, here's what I'd do if I were. Even if I was just starting out...

    It's very simple. I'd find a non-label corporate sponsor. I'd take my tracks around to Ad agencies and PR firms... talk to the people there about providing some low-cost background tracks or something... find out who their big clients are and approach someone at those companies using my Agency contact as a name drop to get in the door, then try to negotiate a direct deal with them to provide music for whatever they need.

    I'd become their 'musical consultant' and 'musician of record' much like an attorney or specialist in IT or any other field would do.

    I'd negotiate a 2 year contract to provide my services at a living wage with a little bonus for my special skills. For this, they would get all the loops, soundbytes, jingles, elevator music, whatever they want. In return, I'd get to practice my skills, receive a decent paycheck, spend all my free time in a studio and release my personal creations with any license i want and any distributor who I think will do a good job.

    Few corporations would have any incentive to want to keep me for much more than that but if they did, so much the better when I shopped around for a new sponsor with a better contract. The better I got at providing them with a musical brand, the more valued I'd become. After a few corporate gigs, I'd hopefully have enough saved to release something that would do well on the charts and could decide to go independent.

    In the meanwhile, I could supplement my income with agency work directly... seeing as how I'm good at providing corporate musical brandind now... agencies know I can perform and get the job done.

    Maybe I'd never be a media superstar, but I'd probably make a lot more money in the end and have creative control of both my music and my reputation.

    --
    A fool throws a stone into a well and a thousand sages can not remove it.
    1. Re:/. OPED piece by Anonymous Coward · · Score: 0

      When you're playing guitar gigs in local clubs/pubs/theaters, you're in it for the music, the fans, and a little money on the side. When there's a scout around, the guitar player is hoping for a record deal: working full time on music for some months, steady income, management (so you don't have to deal with the non-music part of performing), more chicks and tours. Whether it's true or not, that's the dream.

      The corporate whore making muzak is not part of that dream. That person is frowned upon at best.

  45. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  46. Support Artists, not labels by dlc3007 · · Score: 4, Interesting

    My recent strategy has been to purchase CDs directly from the artists at their shows. Not only are they making some cash from me at the shows, but frequently they have their older albums on sale as well as cases of their current work. Does this mean the label is totally out of the picture? Maybe not, but sometimes. I have purchased "pirated" CDs from the artists themselves because the f'ing label didn't think it worth their time to make more. Sure this won't work for the FOTM pop bands, but I don't listen to that junk anyway. Big bands like the Rolling Stones? Local used CD stores and discount racks, baby. I plan on doing all I can to give as little as possible to big labels.

  47. Re:Please copy our stuff! by billybaloney · · Score: 2, Interesting

    The poor guy is just conflicted, and wants the best of both worlds: he wants it free for people to listen to, but they gotta pay for it to make him rich. I find it interesting that the more I read on music, the more apparent it is to me that there are a very few (dozens, maybe hundreds) out of the millions of bands that actually make rock-star kinda money. For the rest: it's just a dream the label sold them.

    Aw, come on now, give us musicians a little more credit than that. Some of us, like Damien, are educated, motivated, quick-thinking folks who are trying to make a *living*, not necessarily millions, from playing music. Does that make us stupid? It shouldn't, not if music fans still want music to listen to.

    This is clearly a two-way street: musicians should be figuring out the best way to produce good music and get it to fans and potential fans, and fans should be concerned about whether the system encourages the good musicians at the bottom to rise to the top.

    One facile answer is to say, "Give the music away for free and make your money from playing live. If you can't play a live show, you shouldn't be trying to make a living this way."

    The problem with this argument is you'll lose out on all the great musicians who (a) construct amazing music using the studio itself as an instrument (vide Radiohead, who still put on a great live show, Praxis, you name it -- even Mingus overdubbed a bass solo from time to time), and who (b) have something to offer you but for one reason or another can't tour. Ever tried touring? Ever tried it with kids? With a job that doesn't let you take more than a few days off at a time? With a bad back?

    The easy answer is not the right one, not in a situation where we want good music from both the well-known and the obscure. And don't think that indie labels are somehow the be-all, end-all; any musician on an indie label can tell you plenty of stories to put an end to that fantasy. Some indies have their hearts in the right place, but no money to realize their intentions; some are little people trying to be industry players; and others, a very few, do it right.

    The labels owe it to the musicians and to the fans to put out music in a format and at a price that makes sense. The fans owe it to the musicians to support them financially if they like the music. One positive model for P2P is this: download some tracks by a band you've never heard, or from an album you don't know; if you like the music, go buy the album. If you don't like the music, you won't those tracks on your hard drive anyway, so erase them.

    The question for my model, and for many other similar suggestions, is this: can we all trust each other?

  48. Re:Please copy our stuff! by s!mon · · Score: 1


    See the lil' secret that all middlemen don't want people to know is that they have no discernable skill of their own, other than profiting off the backs of others...(see patents & copyrights -- it's the middleman fighting for protections). The creators don't need middlemen, but middlemen sure as hell need the creative...


    So an engineer designing a drug to combat a new disease doens't need a layer of management to provide him money for the equipment, testing, technicians, other engineers to help? An engineer designing a new processor doesn't need somebody to help him fabricate the chip, invest in capital, hire technicians to help him test his designs, etc?

    Put yourself on the other side of the equation, you provide $20M in capital funding to startup to help design a new drug. Somebody comes along and copies it which is a right you have, subject to another's property rights. Are you saying you don't the right to exclude others from copying the work you helped fund?

    IP rights, just like any property or even marital rights, has benefits and detriments.

  49. It's the pensions, dummy by Kombat · · Score: 2, Informative
    The reason for this is that both Ford and Chrysler have killed off nonperforming brands

    So has GM though. Chrysler killed off Plymouth, GM killed off Oldsmobile, and as far as I know, Ford hasn't killed off anything yet, have they? The pundits are saying Mercury is on life-support, but to the best of my knowledge, Ford hasn't officially announced the final nail yet.

    Simply put, GM is having so much trouble meeting its pension obligations because no one will buy their cars without a deep discount.

    The Chevy Cavalier was the #1 best selling car in Canada for several years running, yet GM was unable to parlay that marketshare dominance into huge profits. Don't get me wrong, I'm not here to defend GM's products. I think their vehicles are all cheap, flaky crap (with the notable exception of this one, which is just freakin' amazing). But it's been selling just as well or better than their competitors. So they should be in a comparable financial situation. Yet they're not. Why? Because of the pensions.

    I'm not alone in this opinion; the pros all back me up:


    "Now, as we all can see, pension and health care obligations are eating GM alive."

    Washington Post




    "The carmaker is saddled with a $1,600-per-vehicle handicap in so-called legacy costs, mostly retiree health and pension benefits"

    Business Week



    They're losing money because they're paying out benefits to employees that don't even work there anymore at a rate proportionally higher than their competitors.
    --
    Like woodworking? Build your own picture frames.
  50. Re:Obvious answer... by trollable · · Score: 1

    Using a flash player and obfuscated links is a hassle. I'm sorry I can't discover your music for this reason. Please provide direct clean links (OGG, MP3) if you want to enlarge your audience.

  51. Dead to Me by Doc+Ruby · · Score: 0

    I downloaded a (previously) rare DVD of the Grateful Dead at Tivoli Gardens, Denmark (4/17/72), and it was as great as its legend said it would be. After watching it 5 or 6 times with friends, I changed my mind about owning a music DVD, and bought several GD videos (from PBS, of all places). Official releases, they each turned out to be just as boring as I thought they would be - 1990s shows featuring fat old men in low gear. The music was good (to my tastes), but why would I spend $20 on discs that can play only in DVD players, not my car CD player or discman, let alone stream from my Icecast server to my desks around town? I already had the same soundboard, traded among friends in true Deadhead fashion.

    So this week's content misers, the Grateful Dead, are not only hypocritical. They're showing how even the original P2P sharers can screw up the marketing/distribution coup handed them by Internet sharing, by forcing us to buy crapola products once they've (re)gained the monopoly. Ingrates. I miss Jerry.

    --

    --
    make install -not war

    1. Re:Dead to Me by Anonymous Coward · · Score: 0

      P2P network and file hash please : )

    2. Re:Dead to Me by superguy25 · · Score: 1

      There are ways to do it. I ripped the audio from U2 Live from Boston DVD and used software that came with my sound card to divide up the tracks. Burn to CD and voila.

      It took some work, but works great.

    3. Re:Dead to Me by Doc+Ruby · · Score: 0, Troll

      Thanks for the advice, but I think you missed my point. I bought those GD DVDs, because I downloaded a firstclass copy of a different video for free (that cost the GD nothing to make, market or distribute). While the GD and the entertainment industry fight the P2P process that was responsible for me buying their product. Which sucked, unlike the free one. Clearly the entertainment industry is wasting its time on exactly the wrong work.

      --

      --
      make install -not war

  52. Actually... by uqbar · · Score: 1

    The labels see CD duplication as a bigger threat than P2P.

  53. The problem IS the DRM by Bilbo · · Score: 2, Insightful

    Did you read the article? The point the ARTIST was making is that DRM, no matter how "well" it is implemented, prevents people from sharing the music with other people, which in turn limits the wide distribution of the music, especially to people who haven't heard your work before. OK, so if you're Madonna or KISS or some other huge name, then pretty much everyone had heard of you, but for every big name band that could really use DRM to protect them from massive piracy, how many thousands of other small time bands are there struggling to get their songs out? I don't even mean "garage bands". There are plenty of established bands who just aren't in the top 0.1% that get a lot of air time on the big corporate owned radio stations. They would love to have 10,000 more people downloading their music and actually listening to them. Downloads still drive real sales, both of CD's and concert tickets. You may only see receipts on 1 out of 10 copies of your songs out of there, but that's still better than ZERO sales.

    --
    Your Servant, B. Baggins
    1. Re:The problem IS the DRM by GWTPict · · Score: 1
      Exactly, about 20 years ago a good friend came round to see me, the plan was to do serious damage to a bottle of Laphroaig and talk shite while our significant others were out shopping. He brought a CD with him and put it on, as the third track started I hit pause and asked if the rest of the album was as good as the first two tracks, he said yes, I taped the CD and now own 8 more by that artist and have seen him live any number of times.

      For anyone who's interested the Laphroaig died, the shite talked was humongous, the shopping was (apparently) successful and the album in question was Amnesia, 1988, by Richard Thompson. Most years since then I spend the second weekend in August sitting in a field in the village of Cropredy listening to music and drinking Wadsworths ales at Fairport Conventions annual festival/pissup were Mr Thompson frequently appears, either as an artist in his own right or guesting with Fairport of which he used to be a member. All that from one "pirated" CD.

      Bad me, BAD me.

  54. Return the CDs by Rob+Riggs · · Score: 3, Informative

    I returned the latest Santana CD to Borders Bookstore, where I bought it, after discovering it installed crap without my permission on my company-issued laptop. I was direct with the manager about the problem and they accepted the return with very little hassle.

    --
    the growth in cynicism and rebellion has not been without cause
  55. RTFA? by billybob · · Score: 1

    Are you pulling that out of your ass or did you just misunderstand the article? It specifically said the label wanted to use this band with DRM because their target market was college students. It sounded like the band convinced the label to go fuck themselves and release their album DRM-free, because they want as many people to hear them as possible, as opposed to making as much money as possible.

    --
    Joseph?
  56. Actually... by Anonymous Coward · · Score: 0

    ... depending on the writing guidelines one follows, one does use an apostrophe to denote plurals in the case of acronyms.

    http://www.wsu.edu/~brians/errors/acronyms.html

  57. My favorite so far... by Ath · · Score: 4, Insightful
    So I bought a DVD the other day, popped it in my DVD player, and sat down with my wife to watch it. However, I was first subjected to a 3 minute commercial telling me that I should not pirate movies. And to add a layer of frustration to the silliness, the "commercial" was operation restricted so that I could not skip it and must watch it every time.

    Now, where was the common sense of someone during the production process saying that it makes no sense to make an actual paying customer suffer through this insanity? I mean, if the copy actually was pirated then it would no longer have any restricted operations and the whole damn portion about piracy would have been removed. So the only people that are forced to endure such garbage are the very people who the commercial is not intended to address.

    And that is why media companies are losing it. Copy protection and usage restrictions are nothing more than hassles for actual paying customers. And every time the content providers, whether it is music, movies, or videogames try to introduce another technological solution to their market problem, they only alienate paying customers. The actual people who are unwilling, uninterested, or unable to pay for the content just go out and get versions without the protection.

    Great model.

    1. Re:My favorite so far... by BeBoxer · · Score: 1, Informative

      And that is why media companies are losing it. Copy protection and usage restrictions are nothing more than hassles for actual paying customers. And every time the content providers, whether it is music, movies, or videogames try to introduce another technological solution to their market problem, they only alienate paying customers. The actual people who are unwilling, uninterested, or unable to pay for the content just go out and get versions without the protection.

      Yeah, it just boggles the mind. They go out of their way to ensure that pirated content is superior in every way to purchased content. The pirated stuff is easier to get. It's more flexible and can be played everywhere. It doesn't break my machine. It doesn't disable the controls on my player. It costs less. The only advantage purchased content has is that in theory it's the "right thing to do". But really, with the asshats running the media companies and their lawsuits and lobbying for offensive laws and the way they rape the actual artists, I'm not even sure that giving them money is "the right thing to do".

      I found a link to RIAA Radar in a slashdot post a week or two ago. It's pretty cool and gives you a way to find those artists and labels who aren't part of the problem. Or at least not as much as RIAA members are.

    2. Re:My favorite so far... by jafac · · Score: 1

      Usually, you can just press "menu" to skip this and go straight to the main menu. Oddly though, they've got the "skip" button disabled.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  58. Re:First post! by handslikesnakes · · Score: 1

    What are you, a respected member of the Pigdog journalist team doing wasting your time on Slashdot?

  59. Middle-man whose time is over ... by Anonymous Coward · · Score: 0

    I've said it before, and I'll say it again. The record companies (and movie studios) are middle-men that no longer have a usefulness in the Internet age. The artists no longer need them for anything! Digital recording equipment is inexpensive. Websites for distribution are inexpensive. What are the studios there for?!?! Oh yeah, to rip off the artists AND the consumers by fleecing both for their own self interests. The RIAA (and MPAA) can get bent! And you can quote me on that!

  60. Article Text (for those too lazy to register) by Anonymous Coward · · Score: 4, Informative

    New York Times


    December 6, 2005
    Op-Ed Contributor
    Buy, Play, Trade, Repeat
    By DAMIAN KULASH Jr.


    Los Angeles


    THE record company Sony BMG recently got in trouble after attempting to stem piracy by encoding its CD's with software meant to limit how many copies can be made of the discs. It turned out that the copy-protection software exposed consumers' computers to Internet viruses, forcing Sony BMG to recall the CD's.

    This technological disaster aside, though, Sony BMG and the other major labels need to face reality: copy-protection software is bad for everyone, consumers, musicians and labels alike. It's much better to have copies of albums on lots of iPods, even if only half of them have been paid for, than to have a few CD's sitting on a shelf and not being played.

    The Sony BMG debacle revealed the privacy issues and security risks tied to the spyware that many copy-protection programs install on users' computers. But even if these problems are solved, copy protection is guaranteed to fail because it's a house of cards. No matter how sophisticated the software, it takes only one person to break it, once, and the music is free to roam and multiply on the peer-to-peer file-trading networks.

    Meanwhile, music lovers get pushed away. Tech-savvy fans won't go to the trouble of buying a strings-attached record when they can get a better version free. Less Net-knowledgeable fans (those who don't know the simple tricks to get around the copy-protection software or don't use peer-to-peer networks) are punished by discs that often won't load onto their MP3 players (the copy-protection programs are incompatible with Apple's iPods, for example) and sometimes won't even play in their computers.

    Conscientious fans, who buy music legally because it's the right thing to do, just get insulted. They've made the choice not to steal their music, and the labels thank them by giving them an inferior product hampered by software that's at best a nuisance, and at worst a security threat.

    As for musicians, we are left to wonder how many more people could be listening to our music if it weren't such a hassle, and how many more iPods might have our albums on them if our labels hadn't sabotaged our releases with cumbersome software.

    The truth is that the more a record gets listened to, the more successful it is. This is not just our megalomania, it's Marketing 101: the more times a song gets played, the more of a chance it has to catch the ear of someone new. It doesn't do us much good if people buy our records and promptly shelve them; we need them to fall in love with our songs and listen to them over and over. A record that you can't transfer to your iPod is a record you're less likely to listen to, less likely to get obsessed with and less likely to tell your friends about.

    Luckily, my band's recently released album, "Oh No," escaped copy control, but only narrowly. When our album came out, our label's parent company, EMI, was testing protective software and thought we were a good candidate for it. Record company executives reasoned that because we appeal to college students who have the high-bandwidth connections necessary for getting access to peer-to-peer networks, we're the kind of band that gets traded instead of bought.

    That may be true, but we are also the sort of band that hasn't yet gotten the full attention of MTV and major commercial radio stations, so those college students are our only window onto the world. They are our best chance for success, and we desperately need them to be listening to us, talking about us, coming to our shows and yes, trading us.

    To be clear, I certainly don't encourage people to pirate our music. I have poured my life into my band, and after two major label records, our accountants can tell you that we're not real rock stars yet. But before a million people can buy our record, a million people have to hear our music and like it enough to go looking for it. That won'

  61. DRM vs infringement rate by Just+Some+Guy · · Score: 1
    I'm sure the labels wish they didnt have to play the stupid, expensive, headache-filled games of reducing the RATE (not absolute, but the *** RATE *** of copyright infringement by playing technological cat and mouse),

    Rate? What about it? Are there any studies - really, any at all - that show an inverse correlation between digital restrictions management and copyright infringement?

    You speak as though lowering the percentage of people capable of making a copy means fewer total copies will be made, but I see no reason whatever to believe that. At most, suppose each person shares a song with 10 other people, and the labels are able to prevent 90% of would-be listeners from copying. All of labels' effort and earned ill will would buy them one extra generation of copying before saturation is reached. If they're really successful and make 99.9% of their customers hate them because they can't listen to a CD on their iPod, then it adds a total of three generations before saturation. Is that really worthwhile? Will they ever understand that this is a lost cause, and altered business models are the only solution they have left?

    Remember, you can't defeat exponential phenomena with linear tools. Sooner or later, that pesky exponent catches up to you.

    --
    Dewey, what part of this looks like authorities should be involved?
  62. Good advertisement by billybob · · Score: 1

    Good read. Nice to see a musician who "gets it" and is more interested in people hearing his music than making money (although of course he still wants to make money).

    Good ad also. I checked out the band on YaTunes (my term for Yahoo Music), so far I like what I hear. :)

    --
    Joseph?
  63. Re:Please copy our stuff! by Gryffin · · Score: 1
    The band shows up for a few hours on Tuesday and Wednesday to actually sing the songs that were written for them, then they go have unprotected sex with random groupies for the next 6 months while everybody else puts in 8 hour days making the entire album come together. So why in the hell should the artists get the lion's share of the profits? What makes them so special? The dozens, or even hundreds of other, "behind-the-scenes" people who worked on the album all worked much harder on the product, why should they get thrown the scraps that are leftover once the band gets the rich reward you seem to think they're entitled to?

    Dude, you've been working for the record company too long. Time to move on, you're seriously burned out. And more than a little bitter.

    You might have a point, when it comes to the sort of pre-fab, image-managed, marketing-contrived acts like the boy-bands and pop-tarts; but TFA is by a guy in a band that writes its own material, and obviously is very involved with their albums. The vast majority of acts out there, the 90%+ who just make enough to keep a roof over their heads, are in the business to make music. Considering what they get out of their record deals, it sure ain't to get rich.

    Don't dump on all the artists out there who actually have talent, just because you got paid industry scale to help Britney buy another vacation home. Deal with your own issues, and move on.

    --
    Learn from the mistakes of others. You won't live long enough to make them all yourself.
  64. Re: Musicians releasing music on their website by Anonymous Coward · · Score: 0

    How many musicians have succeeded in making a living this way?

    I seem to recall that The Grateful Dead now release all their music for free on their website. Of course, they're an established band with a devoted fanbase. That doesn't mean, however, that the theory won't work for an unknown band trying to make their start.

    To use a slightly off topic example, my first exposure to Battlestar Galactica (reimagined) was an AVI a friend told me I had to watch. I now own the first season on DVD, and still watch when replays are on TV. Season two doesn't start airing on TV here until January, but episodes 1-10 were available on bittorrent. I grabbed them, and watched them, and liked them. I still fully intend to watch it on TV, too, and to get the DVDs when they're available.

    What exactly has the production company lost from me because of my actions? As I see it, they've not only gained a fan, but they've also profitted from my willingness both watch the (commercial filled) replays on TV, and from my willingness to pay for a higher-quality version of what I downloaded for free.

  65. Oh, bullshit. by Blood,Milk,and+Sky · · Score: 1

    The RIAA has done a stupendous job of hoarding for itself all of the arguments in support of ...ahem... obliging people to pay, not for music but for the product the companies they represent are trying to sell.

    Sony BMG, et al., would love for guys like you and me to forget that the product they're selling is NOT music. It's a "product", which entails some things like a jewel case, a slip cover, liner notes, a plastic CD, some shrink-wrap, maybe a DVD, ...and, oh yeah, some music too.

    Now, to me, that looks like a hell of a lot more than just the music, some of it I might want, so I perceive it to be something more than just the music. But in the typical airheaded mentality of media companies, this doesn't mean they're offering MORE than just the music, it means they're offering DIFFERENT than just the music, because the idea of putting it all together and selling it is a unit is what they really do.

    And if you think the ancillary things included in the CD are any less important to "the product" as they think they conceive it, then you're wrong and possibly deluded.

    I dont't buy a CD to prop it on edge and fucking stare at it, or read the liner notes before playing hoping to find user instructions, and **gasp** if the music sucks, then **OMG GASP** I'll throw that fucker out like hot garbage.

    The moment the record companies come to understand that, this problem will vanish. Until then, and for as long as they attend to the wanked-off 2nd grade insipid marketing mind games, the only arguments not adverse to the RIAA are all ready so common and well-known that it really becomes just a tired joke to repeat them.

    So if you want "equal time" (whatever that means), what would you expect to be fair ?

  66. Sale of Goods Act 1979, as amended. by GWTPict · · Score: 1

    For anyone out there who's not heard of it it's a UK law, and as the parent says, it can produce a quite dramatic change of attitude.

  67. read his original, much angrier article about drm by slashdoris · · Score: 4, Informative

    Damian had a harsher version of this article on music industry blog coolfer.com. Read it here. Looks like he was forced to tone it down for the ny times...

  68. Re:Dork by jimicus · · Score: 2, Insightful

    OK, I'll bite, troll.

    By that logic, no-one has a god-given right to transfer their music onto an MP3 player. Nor do they have a god-given right to play it on a high-end CD player (yes, some high-end ones digitally rip the music), nor even on a DVD player (same story there), nor an in-car CD player.

    If I interpret your POV to mean "the record industry is allowed to use whatever means it deems necessary to protect their property", it therefore follows that CDs with intentionally-broken error correction, which by definition are more susceptible to damage are perfectly acceptable. No-one has the right to play a CD which has acquired a minor scratch.

    Now, in theory, the free market could work this one out. But there isn't a free market in music. There are a small number of players which control 98% of what's out there, and these players collude to maintain the status quo. My instinctive guess is that we'll continue to see such asinine copy protection schemes until computers and music players either use such radically different means of storage that a means of getting the music to the computer simply doesn't exist (cf. dreamcast discs); or the need to sell music in chunks of 10-15 tracks on a physical medium goes away, perhaps to be replaced with a subscription model or something micropayment based.

  69. Re:Dork by Anonymous Coward · · Score: 0

    lernt? Give me a break. You're advertising your ignorance. If you want anyone to take anything you say/write seriously, you better learn how to write well. I _learned_ in grammar school that lernt is not English. You didn't?!

  70. Re: Musicians releasing music on their website by Steve525 · · Score: 1

    The Greatful Dead is a bad example because, as you said, "they're an established band with a devoted fanbase". (On the other hand, they are a good example, since their popularity stems from their live shows, not from radio play of their recordings. Still, I don't think they'd be nearly the phenomenom they were if they never had a recording contract).

    You bring up a good point with your example of Battlestar Galactica: nobody benefits if free exposure is not available. It's really a balancing act between giving away things to get you interested and making you buy it to make money. If songs were never available for free (no radio, no trading music) you'd never buy anything since you wouldn't know what you're missing. Of course, if everything was free, then nobody would make any money.

    The business types recognize this balancing act, and they want to maximize their profit. This means they will want free distribution mechanisms they can control. (If they can't control it, they might not hit the sweetest spot on their profit curve). Random trading isn't something they can control so they don't like it, regardless of whether it's actually helping or hurting them.

  71. you're changing the subject by circletimessquare · · Score: 1

    you were talking about record producers, now you are talking about soundboard techs making 25K. different people

    which, obviously, they will still make in a world of 100% piracy. duh. failed common sense lately?

    tiger woods wants to make a video game. the guy who makes the computer game gets paid- whether or not said video game is given away or costs $1,000 a copy. do you understand the concept? the producing of the song comes first. people will still want to produce songs in a world of 100% piracy- they will still be paid, because there still is a revenue stream: advertising, support the fan base to fill arenas and buy products that are endorsed. they give tv away for free. right over the air. all those tv cameramen and tv sound board guys and video guys: they do just fine. how? ADVERTISING SUPPORTS TV. quite handsomely, i might ad. why should it be any different in music? why should i have to pay for music? are you against radio? they give away the music for free! right out over the air! who is going to pay the deejay??? those communist radio guys! (snicker)

    plus, technology is changing to the point- the mash up scene, remixes, etc., you don't NEED sound technicians. you just need a good computer. but we even have people who are against mash ups because of intellectual property laws that again, aren't moral or even make sense. but that's another topic

    even if, just to follow your retarded line of reasoning, every single sound engineer in the world suddenly lost his job- so fucking what? is that of point of music? to keep sound engineers employed? do you understand what CHANGE is?

    do you want us to go ride trains again? well that fancy new thing called an automobile has put all those train engineers out of work! shame on you! sell your car! ride the train... what was that you say again?

    stop bitching about people who actually support their convictions

    ok, go support your convictions, and i'll stop bitching: sell your car, and ride a train to work. never ride a car again. because that new fancy distruptive technology called a car put all those good hardworking train engineers out of work. same thing as your argument about sound technicians, right? new technology can't change anything, right? uh oh, but before trains there were horse and buggies... those poor guys who put horseshoes on horses- those trains put them out of business... what does a luddite like you do? how do you get to work- car, train, or horse? new technology hurts somebody! oh no! i can't use anything except a stick! (snicker)

    according to you, if new technology comes along that makes things better, we can't use it, because it changes how things work. because how things work right now is the only moral way to do things... wtf?!

    is that your morality? defending the status quo?

    you're not moral dude, you're a reactionary fool, and reactionary fools who resist change like you don't help yourselves, you don't even delay the inevitable. you have trouble coping with change. other people don't have that problem. and those of us who can incorporate change in our lives more successfully than you are more moral than you, because we create less pain for others. you're an obstructionist, and you are immoral. your "convictions" amount to nothing more than brittleness

    as you said, "stop bitching about people who actually support their convictions"

    i agree. you should stop bitching about my convictions. i have some, you don't. you just have fear of the future and you call it morality. you're deluded

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  72. Re: At some point, all these files floating around by Maxo-Texas · · Score: 1

    You say

    At some point, all these files floating around for free on the net are going to start sounding pretty crappy, and the DRM files will be the only ones that will be the MUST HAVE rage.

    And that's the basic flaw. As of about 7-8 years ago, it all got "good enough". Most people don't care about having higher resolution, higher quality- because it's "good enough". Only video and audiophiles notice or care about any improvements at this point.

    DVD is "good enough" so why should i pay for the same movies again?

    MP3's and FLAC are "good enough" so why buy it for something new.

    Plus I can't see how you are going to have a new technology improve "Duke of Earl". You might improve a new song but 99% of new studio songs are very repetative and boring these days.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  73. The article text without registration by Anonymous Coward · · Score: 0

    Los Angeles

    THE record company Sony BMG recently got in trouble after attempting to stem piracy by encoding its CD's with software meant to limit how many copies can be made of the discs. It turned out that the copy-protection software exposed consumers' computers to Internet viruses, forcing Sony BMG to recall the CD's.

    This technological disaster aside, though, Sony BMG and the other major labels need to face reality: copy-protection software is bad for everyone, consumers, musicians and labels alike. It's much better to have copies of albums on lots of iPods, even if only half of them have been paid for, than to have a few CD's sitting on a shelf and not being played.

    The Sony BMG debacle revealed the privacy issues and security risks tied to the spyware that many copy-protection programs install on users' computers. But even if these problems are solved, copy protection is guaranteed to fail because it's a house of cards. No matter how sophisticated the software, it takes only one person to break it, once, and the music is free to roam and multiply on the peer-to-peer file-trading networks.

    Meanwhile, music lovers get pushed away. Tech-savvy fans won't go to the trouble of buying a strings-attached record when they can get a better version free. Less Net-knowledgeable fans (those who don't know the simple tricks to get around the copy-protection software or don't use peer-to-peer networks) are punished by discs that often won't load onto their MP3 players (the copy-protection programs are incompatible with Apple's iPods, for example) and sometimes won't even play in their computers.

    Conscientious fans, who buy music legally because it's the right thing to do, just get insulted. They've made the choice not to steal their music, and the labels thank them by giving them an inferior product hampered by software that's at best a nuisance, and at worst a security threat.

    As for musicians, we are left to wonder how many more people could be listening to our music if it weren't such a hassle, and how many more iPods might have our albums on them if our labels hadn't sabotaged our releases with cumbersome software.

    The truth is that the more a record gets listened to, the more successful it is. This is not just our megalomania, it's Marketing 101: the more times a song gets played, the more of a chance it has to catch the ear of someone new. It doesn't do us much good if people buy our records and promptly shelve them; we need them to fall in love with our songs and listen to them over and over. A record that you can't transfer to your iPod is a record you're less likely to listen to, less likely to get obsessed with and less likely to tell your friends about.

    Luckily, my band's recently released album, "Oh No," escaped copy control, but only narrowly. When our album came out, our label's parent company, EMI, was testing protective software and thought we were a good candidate for it. Record company executives reasoned that because we appeal to college students who have the high-bandwidth connections necessary for getting access to peer-to-peer networks, we're the kind of band that gets traded instead of bought.

    That may be true, but we are also the sort of band that hasn't yet gotten the full attention of MTV and major commercial radio stations, so those college students are our only window onto the world. They are our best chance for success, and we desperately need them to be listening to us, talking about us, coming to our shows and yes, trading us.

    To be clear, I certainly don't encourage people to pirate our music. I have poured my life into my band, and after two major label records, our accountants can tell you that we're not real rock stars yet. But before a million people can buy our record, a million people have to hear our music and like it enough to go looking for it. That won't happen without a lot of people playing us for their friends, which, in turn, won't happen without a fair amount of file sharing.

    As it happened, for a variety of reasons, our label didn't put copy-protection software on our album. What a shame, though, that so many bands aren't as fortunate.

    Damian Kulash Jr. is the lead singer for OK Go.

  74. A well written op-ed by garylian · · Score: 2, Informative

    From talking to my brother (a musician who sells his own CDs via his website using CDBaby), most musicians hate the DRM crap. They also want to get paid for their hard work. It becomes a Catch-22.

    New artists that have just signed their first record deal are not making a ton of money. If you think the record labels take draconian measures to try and stop piracy, you should see what they do to a new artist on a contract. The band usually has little leverage to negotiate with. Even if other labels are sniffing around, they are still not proven over a big market.

    So, the new artist desperately wants to get their music heard. And the author of TFA makes a good case for that. A new artist isn't making a ton of money until they really become a name, and often get a new record deal. So if music is getting pirated some, they could care less.

    It's when a band has become really successful that the members can say they are making some serious money. That 2nd and future contracts are much more band friendly than before, because the label can't afford to lose that band. And when that happens, the band is a little more interested in getting some of that money.

    As the author of TFA mentions, artists often put everything into their music. Once they hit the road, their lives often suck, outside of maybe some groupie action, and until they are big names, they are all skanky looking pieces of shit. Also, many bands write all of their own music (unless they are Country, in which case they write little, and just perform.) So, they want to reap some benefits from that.

    If they are a typical musician, they have put most if not all of their eggs into that music career. If it fails or they don't make good money doing it, all they have to look forward to is a life in the fast food industry, or going back to college after leading a life that isn't condusive to studying hard. Not a very attractive outlook.

    So, yeah, they want to be heard, and they want to be paid. And it is usually between the 2nd and 3rd album that they finally realize that they aren't being paid that much. Then, they change sides in the file swapping wars.

    The author is right about one thing, though. It's better to get a portion of .99 than to get zip. CDs cost too damn much for how much filler music is on most of them.

  75. Reward Sensible Musicians: Buy their album! by BrianWCarver · · Score: 2

    Everyone on Slashdot, regardless of whether you like this band, should buy their album to signal to musicians and record labels that we agree with this editorial. (You can find the album on Amazon, but where possible, support your local independent music stores!)

    Even if you don't like the band, it's the holiday season, so buy it for someone who might like it and if you do like the band, buy two copies, one for yourself and one for a friend.

    If this album suddenly sold 50,000 copies this week, it would send quite a message.

    --
    Like Digital Freedoms? Then donate to EFF before they're gone.
    1. Re:Reward Sensible Musicians: Buy their album! by Ytsejam-03 · · Score: 1
      Everyone on Slashdot, regardless of whether you like this band, should buy their album to signal to musicians and record labels that we agree with this editorial.
      Better yet, everyone should start buying their music from independent artitst to let the major labels know what we really think about their business practices. Then recording artists would no longer have to sell their souls to the record labels in order to have a shot at being successful. But who am I kidding? We all know this will never happen.

      There's lots of great independent music out there. I seldom listen to any major label artists since discovering internet radio. Some of my favorites can be heard here and here, but you can find lots more on services like SHOUTcast and Live365.
  76. Re:Dork by Anonymous Coward · · Score: 0

    "No one has a God-givenb right to play music on a computer."

    Maybe not a God-given right, but it is a Philips-given right. If you're compliant with the Red Book standard for audio cds, it should work on a computer, a car cd player, a stereo, whatever. If you're making something that looks-like-a-cd-but-isn't, you better put a darn big label on it saying "THIS IS NOT A CD. IT WILL BREAK YOUR COMPUTER, AND YOU'LL HAVE TO REFORMAT AND REINSTALL WINDOWS TO MAKE IT WORK AGAIN."

  77. Thanks for proving my point by Anonymous Coward · · Score: 0

    "Here's another fun fact - About half of unlawful entry through doorways occurs when the doors were left unlocked. And most criminals will spend less than a minute trying to break in."

    So you're saying that locks are good because they are no more effective than leaving the door unlocked in the first place? 50% either way is equality - might as well not use 'em, and never have to worry about locking yourself out. You've proven my point with your "almost half" statement - locks only keep out the honest people. Crooks who want to break into your house will do it whether your house is locked or not. Remember, "almost half" means that "MORE than half" of break-ins are performed when the doors *are* locked.

    I used Kwikset as an example, even though nearly all other commercial "buy it in a local hardware store" locks follow the same pattern - they have a set number of keys, and no more.

    It takes maybe 5-10 seconds to pick most house locks, even without a "professional" set of tools (I did it in 30 with a nail file when I locked myself out of my apartment). Heck, you can make professional-grade tools in less than an hour using steak knives and a grinder, or in a couple hours if you've gotta file 'em by hand. Unless you've invested some *serious* money into double-wafer or even barrel locks on your doors, your house is as wide-open as if it weren't locked to anybody who is determined to enter. Never mind the fact that they can just as easily bust a window (if there is one).

    Locks only keep out the lazy and/or honest people of the world. Determined people break past standard door locks as if they weren't there. Don't trust door locks, and don't underestimate people who want to rob you.

    1. Re:Thanks for proving my point by 91degrees · · Score: 1

      Erm.. No - That only works if about 50% of houses are left unlocked.

      Remember, "almost half" means that "MORE than half" of break-ins are performed when the doors *are* locked.

      Yes it does. But I never said "almost". I said "About".

      I used Kwikset as an example, even though nearly all other commercial "buy it in a local hardware store" locks follow the same pattern - they have a set number of keys, and no more.

      And how many keys is that? I mean, many insurance companies insists on a 7 lever lock. Presumably then they have assessed the risks and know that my house is safer with a better lock.

      , even without a "professional" set of tools (I did it in 30 with a nail file when I locked myself out of my apartment).

      Perhaps you should invest in a decent lock. Last time I was locked out, I called the company that installed the lock, and they said they'd have to drill it out.

      Heck, you can make professional-grade tools in less than an hour using steak knives and a grinder, or in a couple hours if you've gotta file 'em by hand.

      Most criminals don't have the time, patience or knowledge to do that.

      Never mind the fact that they can just as easily bust a window (if there is one).

      My windows are made from toughened glass. That stuff is pretty durable.

      Locks only keep out the lazy and/or honest people of the world. Determined people break past standard door locks as if they weren't there.

      Exactly. My locks are effective against lazy thieves. The lazy thieves are in the majority. That's why they steal for a living rather than work. They may not be effective against determined thieves but that's no reason not to have them.

  78. Nerds and performers think very differently by schnell · · Score: 4, Insightful

    There are many independent bands who do just fine for themselves financially. They're not pulling in millions, but they're living decently ... And then there's this very issue of freedom. Would you trade your freedom and integrity as an artists for money? A true artists, one who puts his or her work above all, most likely would not.

    With all due respect, you just don't get it. IT nerds and performers think very differently about their careers, and it is probably useful to understand this difference if you want to understand the choices that each make.

    It is a generally accepted principle in our capitalist world that there is a correlation between risks and rewards. The riskier a venture you undertake, the higher the rewards need to be, or else no one would undertake these risks. So far, so good.

    Sysadmins, programmers and other nerd types typically follow a medium-risk, medium-return path. You won't make as much as the CEO, but in most cases you won't starve, either. You do a job that is fairly well respected in society and there is (generally, again) a reasonable expectation that you will be able to get a decent job.

    Performers - actors, musicians, etc. - follow a high-risk, high-return path. Only a small percentage of people that want to make a living as performers are ever able to do so (imagine if 80% of CompSci graduates could never find a job programming but had to do it on the side while they worked at Starbuck's). They spend years waiting tables or playing in crappy local bars hoping to get their big break. So, when that chance does come, they grab onto it and they feel (rightly, I believe) that they deserve their success. Actors don't work crap jobs for years so they can turn down a $1 million paycheck in a big movie and say, "I don't want to work for a MPAA-affiliated studio!"

    The same - by and large - goes for musicians as well. They are performers that (probably) busted their asses to get where they are, and they aren't going to give up a shot at the big time because of what DRM technology is put on their CDs (which generally isn't up to them anyway). It's like this for pro athletes as well, and many other professions where only a tiny percentage of those pursuing it will ever achieve success. (Interestingly, the only place where IT nerds typically do intersect with this world is those who start up their own companies - another high-risk, high-reward path. But these types are arguably a breed apart from most IT folk.)

    So you, Mr. Programmer Guy, can talk all you want about how these people are sellouts and should be perfectly happy to just get by with a living wage, etc. However, if you are actually interested in understanding this phenomenon, then you need to understand that performers generally come from a mindset that is 180 degrees away from yours. Even if you don't empathize with this, you should make an effort to understand it.

    --
    "95% of all Slashdot .sig quotes are incorrect or completely fabricated." -Benjamin Franklin
    1. Re:Nerds and performers think very differently by dsanfte · · Score: 1

      So basically you're saying that most people are slaves to money. You could have just wrote that to begin with. :)

      --
      occultae nullus est respectus musicae - originally a Greek proverb
    2. Re:Nerds and performers think very differently by toeofdestiny · · Score: 1

      I'm a coder. I began taming computers at a very young age. I am also a musician. I decided to steer my life toward music, because I felt like a sellout in the IT world. The Free Software / Open Source philosophy gave me back my faith in the binary art. I am more a musician than a coder now, but for me, the spirit is the same. Coding was my Art, Music is my Art now, and I don't want to be a sellout anymore than I wanted to be one when I was a software programmer.

      YOU must understand, that you don't know what a true artist is. Coder, musician, or whatever. I am not calling myself a "true" artist, but I still hope I could find a way to make music in the same spirit as Free Software and etc. I may fail, I may starve a bit (I do now) but I'll try.

      As a former coder and current musician, I say FUCK DRM and record labels. I don't need them any more than GNU needs Microsoft.

      And I'm confident that the spirit of freedom that is now born in IT will cross borders and reach other domains like music. And I am sure there is a lot of artists that will get on the train. Your perception of "artists" and "performers" is based only on those you know and who fit the current system. But the current system is collapsing, and a new breed (or an old one, reborn) of artists will appear.

    3. Re:Nerds and performers think very differently by McGiraf · · Score: 1

      The resson why musician is a high risk career is the record industry. It cheaper and easier to them to sell 1 million albums each from a handful of artist than 50 000 copies each from a whole lot of artists. So they promote the hell out of already succeful artists and they let the rest starve.

      Get a grip.

    4. Re:Nerds and performers think very differently by schnell · · Score: 1

      YOU must understand, that you don't know what a true artist is.

      I understand very well what an "artist" is. You'll notice, though, that never once in my post did I use the term "artist" - I said "performer." There is a great difference there.

      Artists may or may not choose to follow their art as a career path, and are devoted to following their muse above all else. Performers are relying on their chosen field of entertainment/performance for a career, so they are going to make very different choices when it comes to how they reach their audience and how they get paid for it. It's very easy for someone who doesn't have to make a living from their art to be principled about it - not so much for those who don't have that luxury. Undoubtedly there are counter-examples ... but that doesn't invalidate my thesis. I only say this from knowing many performers (struggling actors, musicians, etc.) trying to "make it" in the industry and how they would react. None of them are going to keep working at T.G.I. Fridays so they can stick it to the RIAA/MPAA/whatever.

      --
      "95% of all Slashdot .sig quotes are incorrect or completely fabricated." -Benjamin Franklin
    5. Re:Nerds and performers think very differently by toeofdestiny · · Score: 1

      Ok, sorry, I admit I misunderstood you and I think I get what you're saying now. As much as I would prefer there was a lot less "performers" in the music, and coding world, they are there. I am not saying they are wrong, but I must admit I don't really understand their motivations...

      But don't think I can afford "to be principled". I learned to live with very little, and I won't feel like a whore ever again. There is a lot of people on earth who survive with much less that what I have, and still, they sing and dance. And that is music, we just forgot.

  79. Re:No, you're changing the subject by Red+Flayer · · Score: 1

    " you were talking about record producers, now you are talking about soundboard techs making 25K. different people"

    Umm, no. You brought up record producers, go back and read my OP.

    "the guy who makes the computer game gets paid"

    With what money? Do you understand the concept that if an industry is not profitable, it will disappear, as will a great majority of the content you enjoy? You think that cash for producing an album just automagically appears in the wallet of struggling artists? Or do you think that sound techs work for free just in case maybe a minor band can pull in some advertising dough?

    "ok, go support your convictions, and i'll stop bitching: sell your car, and ride a train to work."

    It's pretty funny that you mention that specific example, because that's exactly what I did.

    "according to you, if new technology comes along that makes things better, we can't use it, because it changes how things work. because how things work right now is the only moral way to do things... wtf?!"

    More of this making-shit-up from you? wtf? More guessing about my opinions and idealogy? You want stuff for free, so you take it for free. You say you don't want to support a specific industry, but then go ahead and take their products. I got one for you -- if you think your electric company overcharges, do you not pay them for the electricity you you get off the grid? I mean, it's an outdated power creation and distribution system, since they still get the energy from fossil fuels. You should get the eletricity for free, since they could use renewable sources that don't consume raw goods. They could pay for it by advertising revenues on mass-mailings.

    You impugn my morality, but won't stand up for your convictions? If you really had morality, instead of just pretending you did to justify getting free music, you wouldn't support the industry you hate... So don't preach to me about your superior morality when it doesn't even exist. When you only listen to music that is offered to you for free by the rightful sellers of the IP, then you can have a leg to stand on.

    "is that your morality? defending the status quo? "

    You know, there's a term for when you make shit up about someone else and then attack the shit you made up. They should rename it for you.

    I have no problem with change, and I'm not an obstructionist. But I don't think that "Waaah, I want it for free because the industry is corrupt and the artists are ripped off and I should be able to do whatever I want if I can" is a valid justification for pirating music. How about not listening to the music at all if you don't like the terms of sale offered? You want your cake and to eat it too. That's my problem with your so-called morality -- you want to take a stand, but can't deal with the inconvenience of taking a real stand. You enable the recording industry by pirating their music, and supporting artists who sign with them.

    You can continue your name-calling, and you can continue putting words in my mouth, and ascribing beliefs to me just because you need some concept to argue against, but the basic premise is:

    If you don't agree with the terms of sale offered by a company, don't purchase the good. If you have a fundamental problem with the way an industry operates (for moral reasons), then don't support that industry. By pirating music, you continue to support the industry and the company that offers the good for sale -- since 'lost sales' are a huge arguing point for all the draconian anti-piracy laws that the **AA are pushing through. If you really had any morality, you'd accept the fact that your actions are supporting someone you don't agree with, and change those actions. Really, you're just a whiny baby who likes to grandstand.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  80. Re:Please copy our stuff! by Anonymous Coward · · Score: 0

    You can make a product with only a worker. You cannot make a product with only a manger.

    One is essential, the other is merely worthwhile.

  81. Re:Please copy our stuff! by dwandy · · Score: 1
    This is exactly why we still have town criers to read us the news from the village square.
    This is exactly why we still transcribe the written word by hand.
    This is why we still have the pony-express delivering mail.
    This is why we still use the telegraph to send messages.

    The "middleman" is anyone who performs no direct service other than to interface between two others. Over all of history, changes in technology have altered, diminished or even eliminated the middleman, as the two interested parties were able to more easily negotiate their own communication.

    Today, my good friend, that change is called The Internet. And the label is the middleman. And the internet makes the label obsolete.

    --
    If you think imaginary property and real property are the same, when does your house become public domain?
  82. I purchase through current distribution channels by quanticle · · Score: 1

    I find the current distribution channels are adequate for my media needs. Why should be forced to subsidize an internet distribution channel that I may well find inferior to current channels.

    If a distribution channel or a business model is superior, it ought to succeed in the free market without any subsidies.

    Also, what's to prevent the authority that distributes the funds from becoming a censor (e.g. we don't like your music/writing/video so we won't give you your cut of the internet tax)

    Its got possibilities, but I'd like to see if this idea can be somehow made more decentralized. I'm uncomfortable with such a central agency acting as essentially an escrow service accountable to no one.

    --
    We all know what to do, but we don't know how to get re-elected once we have done it
  83. And by the looks of it... by Larmal · · Score: 1
  84. Re:one solution (corrected, ignore other) by JesseMcDonald · · Score: 1

    The problem is that with today's technology, recorded music has far less value than live music, because the real cost of making a copy of a recording is nearly zero.

    Copyright is ultimately a priviledge, not an inherent right like freedom of speech or physical property rights. It is a contract between society in general and the artists, one which few now alive ever formally agreed to and which fewer and fewer people feel was ever truly justified. If it weren't for these artificial legal restrictions on duplication, the price-point for recorded music would be so low that it wouldn't be practical to charge for a single song, or even a single album. This would not be then end of music, however. The demand for music -- new music in particular -- is not going anywhere soon.

    One way for artists to raise capital is similar to the model used by movie producers even now: sell advance tickets.

    Movies make most of their money in the first few weeks; they often pay for themselves in the opening weekend. Purchasing advance tickets is very similar to pre-ordering a book or CD, and offering pre-orders is a great way to ensure sufficient initial sales to cover the costs of production (including opportunity costs) while splitting the cost over a large enough group to make the prices reasonable. True, some people might choose to wait until the music becomes available on a P2P network, or get it from their friends. Some might simply choose not to listen to the music at all. It is never possible to guarantee the size of a market until the sales are confirmed. It isn't even possible to estimate the potential size of the market without taking prices into account, because people who would buy something at one price (free, for example) will often decide it's not worth the cost at a higher price. That doesn't stop other industries from turning a profit.

    The keys to any business are building a loyal customer base, maintaining high standards of quality and reliability, and recognizing that profit can only occur when both parties agree on the exchange. DRM accomplishes none of these. It's rarely profitable for either side to try to dictate terms.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  85. Have Cake and Eat It Too... by KnarfO · · Score: 1

    Sounds like the artist would like to have the best of both worlds, where they get un-restricted sharing in the early stages of their career, but after a certain point, they want to some how turn off the very mechanism that helped make them big (file sharing).

    I don't see how you can have it both ways.

    Embrace file sharing, and find ways to make money other than charging for people to listen to recordings of your music.

    --


    "Creativity is allowing ones self to make mistakes. Art is knowing which ones to keep" - Scott Adams
  86. my morality by circletimessquare · · Score: 1

    anything that is a scarce resource- electricity, for example, has to be paid for, there is no getting around it

    culture, meanwhile, like books, music, movies: these do not have to be paid for, at all, zip, nothing, not a single cent

    i can take a song on my computer, and effortlessly make 100 copies of it

    ok, now do that with a car: it's impossible

    if it can be produced as bits, it is free. if it is made of atoms (or energy) it costs something. it's simple economics: the scarcity of a resource drives its price. at one time europeans sent expensive fleets across vast oceans to get things like pepper and nutmeg. these were very rare and highly prized. now you buy these things at the grocery store for a few bucks and think nothing of it. diamonds are now rare. so they are expensive. but they are just carbon. so if someone can mass produce them someday with some new tech, the prices of diamonds drop. oil isn't that expensive. but as it gets harder and harder to dig up, it gets more expensive. get it? do you understand supply and demand? what scarcity and price have to do with each other?

    now let me ask you something: if something is infinitely reproducible, with no effort, just copying bits, what should the price be? i have a copy here of a song on desktop. i am going to make 1,000 copies of it. boom, it's done. it cost me nothing, hardly a thought, no time. what is the price of each copy now? what is the relationship between the scarcity of that resource and it's value?

    in an ancient age, they sold music on vinyl/ tape/ aluminum discs quaintly called "cds". in this barbaric time, mean-spirited thugs got very rich, because they could control the scarcity of the resource. they simply set a price they liked, a price they could gouge the consumer with as much as possible, because to them, the price of the aluminum disc was nothing, and the artists they just shafted. this is your "moral" world

    do you understand the economic rule of supply and demand now? my way isn't only the more moral way than yours, my way is simply a law of economic science: scarce=high price, plentiful=low price, infinitely plentiful=0 price. get it? welcome to the internet, bub

    so how do movie makers, musicians, writers, etc., get paid?

    two ways: #1- meatspace venues. a theatre is a theatre. you don't point click and copy it. people still crave popcorn and crowds going ooh and aah with them. it's like going to church for some people. so watching a movie in a theatre is something people pay for.

    #2- advertising, endorsements. how does tv work? i'm not a communist, i'm proposing the model of television for all electronic media: tv is given away, for free. it is supported by ads. now let me ask you something: how much $$$ did jerry seinfeld make an episode in the late 1990s? WHERE DID THAT MONEY COME FROM GENIUS??? you turn on your tv, boom, it's free. the cost? you have to look at ads. musicians can endorse products, movies can have product placements

    With what money? Do you understand the concept that if an industry is not profitable, it will disappear, as will a great majority of the content you enjoy? You think that cash for producing an album just automagically appears in the wallet of struggling artists? Or do you think that sound techs work for free just in case maybe a minor band can pull in some advertising dough?

    you're so confused. you're so full of fear of change, you can't see how nothing is going to change for that sound guy, except the financials driving exactly who is paying the sound guy. same salary, different guy handing him the money. capisce? the only people who lose in a world of 100% music piracy are the current fat cats. all of your "morality" has to do with defending an outmoded distribution model

    jesus christ you're so brittle and fearful: jerry seinfeld, the artist: very well paid. the fans: free product, very happy. there are even television fat cats in my model which is superior to yours! because the current crop of music industry fat

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

      Dude, you are really talking out your ass. You keep trying to make the same invalid points.

      First, cultural goods are not a commodity good, and so the law of supply and demand does not apply.

      Second, value of a good, even a non-commodity good, is not based upon the marginal cost of production. Since when does any economic theory say that ideal price = marginal cost, even as supply approaches infinity, for a non-commodity good? I'm curious as to where you're pulling you economic theory from, since it barely adheres to Microecon 101 theory, and it even gets that wrong.

      " i'm not a communist, i'm proposing the model of television for all electronic media: tv is given away, for free."

      Umm, no. No it's not. Some basic TV is given away for free. And frankly, I don't want art to be dependent upon endorsements for survival. Also, free TV is centrally managed and broadcast, and in the past, you couldn't easily avoid the commercials. That's not gonna survive for much longer, have you been paying any attention to the industry news?

      Also, re: energy as a commodity good with a marginal cost -- totally not true with solar and wind energy. Marginal cost of the energy is zero. So why isn't it free? Why are you not justified in taking it without paying for it? Wouldn't that teach the energy industry to stop using fossil fuels? It's their fault for not adjusting to the market, after all. And solar energy supply is practically infinite, they could farm it in space. Why haven't they?

      "because the current crop of music industry fat cats are the only people your point of view seems to defend"

      Are you that thick? Are you so frickin stupid that you can't even read the words I write without going off on some idealogical tirade which makes no real sense, that needs capital letters, as if shouting will convince anyone that what you have to say is gospel?

      My point of view is not that the industry is OK as is, which you have assumed over and over, despite my flat out telling you that it is not. My point of view is that you are endorsing the production model, by your purchasing choice, of a product you believe is antiquated and wrong.

      But of course, in your twisted world, anyone who disagrees with one thing you say must be a completely amoral industry fatcat who is obviously an idiot because they don't subscribe to your incorrect understanding of how things, such as economics, work.

      "same salary, different guy handing him the money. capisce?"

      Whose going to hand him the money? Who? The ad companies? The same companies that won't support products with whose message they disagree with? What, do you WANT your music to be censored by ad execs, like TV content is? Or how about having the government step in? Where do you draw the line? Do you make all objectionable material unavailable, or of lower quality, just because the moral majority doesn't like it?

      The only way to ensure the content of the art you buy is to pay for it directly. Advertising as the basis of revenue for the music industry is a god-awful thought, we already have enough corporate whores in the art world.

      Have you even bothered to think of the societal repercussions of your little idea? Or are you still obsessed with getting your free (as-in-beer) music?

      Because that's what your morality is all about... the self.

      Oh, and your economic model? It sucks. It doesn't apply to non-commodity goods, and will reduce the amount, type, and quality of product available, which is to me the antithesis of artistic expression.

      Your model screws the artists (except for the very few) and screws the listener (because of the dearth of distinctive creative content). Who benefits from your system? Ad execs, and the artists who sell out as corporate shills.

      You can't accept the fact that you're still a selfish whiner trying to justify getting stuff for free, and you still won't put your music where your mouth is. /Gutless coward

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  87. Re:one solution (corrected, ignore other) by Red+Flayer · · Score: 1

    Sorry, didn't see this before responding to your previous one. Didn't address copyright at all in that response, though, so here goes:

    If anything, the ease of copying material today actually makes copyright protection more important. [Hold on, I'm gonna justify and qualify that! I'm not an industry shill!].

    I believe that there should be a profit incentive to produce art, and that government has a role in supporting artistic endeavors. So how does government support artistic creation without selectively supporting specific artists through direct financing?

    By establishing a mechanism by which the market can decide which artists to reward. This keeps the government hands away from censoring content, while still allowing artists to make a living.

    This is how copyright came about, though written art was originally the focus. Music, however, is now as duplicable as text, and faces the same issues that text did centuries ago. How do we protect those who create new content, to ensure that they can continue producing?

    One way would be to allow private concerns to fund artists, to return to a patronage system. This has it's own problems, censorship being a big one.

    Another way would be to apply copyright as it was intended -- for a limited period of time, and only issuable to an individual. That individual could choose to license it to a company, but the copyright could never be held by a company. After x years, or upon death of the copyright holder, the content enters the public domain.

    The benefits? The recording companies are beholden to the individual who created the content, ensuring a (more) equitable distribution of profits. The content enters the public domain, ensuring everyone has access to it (though after a period of time). The creator of the content has incentive to create new art, which I believe is a benefit to society.

    "[copyright,] which fewer and fewer people feel was ever truly justified"

    A big reason for that is the beast that copyright has evolved into. A more traditional copyright would not have people up in arms.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  88. Exposure to new music the problem? by jonock14 · · Score: 1

    There are other ways to get exposed to new music besides file-sharing though. For example, I subscribe to Real Rhapsody (and there are others, Yahoo Music, etc), where I can stream most albums any time I want, as much as I want, for a flat monthly rate. This accomplishes the same thing as file sharing, with the downside being I can't put these songs on my Ipod. But because I can listen to the songs as many times as I want, and in addition, am provided with similar artists as well as random suggestions, I can hear a snippet of a song and look it up and listen to it (and the whole CD, usually) legally, then decide if the CD is worth buying. Additionally, I believe the artists will receive some money based on how many times their song or album is streamed. Since I discovered this, I've yet to buy a CD that I've been unhappy with. If Rhapsody or any other service convinces all the labels that this is worth the time (some don't make their artists available), then any argument for file sharing should be put to rest.

  89. Re:Price Fixing...or Fixed Pricing? by lynx_user_abroad · · Score: 1

    I still believe that a CD is vastly overpriced for what it is...

    Then don't buy it.

    You criticize me for downloading!

    I don't recall doing that. I criticize anyone who downloads illegally.

    I can't remember the last time I even wanted to download an album.

    Then I presume you don't download illegally. Nothing to criticize here.

    It does bother me that the money from people who do choose to download legally or buy CD's go straight to the labels and very little if any goes to the artist.

    Most artists are adults. They can decide for themselves wether a deal offered by a label is right for them. I'd feel sorry for the artists if their options for exploiting their talent is limited by unfair practices by the labels. But illegally downloading their label-sponsored music does not seem to help expand their options much.

    I'd rather work to expand their options.

    My point is they should provide 'Service' to their customers not 'Crap' to consumers.

    With all due respect, you are apparently not one of their customers (or at least not a very profitable one, it would seem), so why should they listen to you? More to the point: how can they listen to you?

    The movie industry seem to get this a lot better than the music industry. I'm not a great fan of the movie industry either, because of their copyright lobbying, but guises what I've spent $80 on DVD's this month. That's $80 more than I've spent on CD's over the last 5 years.

    Oh the music industry gets it, alright. Not for a second do they miss the relationship between CD and $0, between DRM'd DVD and $80. Your point here makes it clear. It's easy to rip a track off a CD, and share it across the internet, and you spend nothing on CD's over 5 years. Their profit=$0. Not so with DVD's. Their profit=some portion of $80. It doesn't matter to the music industry (because it's not visible to them) whether your actions and their profit are related. They don't know what it takes to get your money, because you're not one of their customers. But they do know if you wanted their product you wouldn't have to buy it, because you could download it off the Internet. And they do know they're not getting your dollars. You can't blame them for making this connection: it's the only data they have.

    If you couldn't (for whatever reason) get their stuff except through them, and you still didn't buy, they'd start looking at price, or quality, or whatever. But you can, so thinking along these lines is pointless.

    The music industry realizes they missed the ball by not finding a way to keep their stuff off the Internet. The movie industry is thankful movie sharing is not as big (they don't think) as music sharing. They attribute this partially to file size/bandwidth, and partially to the DRM'd nature of DVD's. Both the music industry and the movie industry want to be sure they have some other fallback to protect themselves besides a horrible bandwidth infrastructure.

    If broadband rollout goes as most people would like it to, in 5 years it will be no more difficult to send a DVD across the Internet than an MP3. Both the music industry and the movie industry want to be sure they have as good a DRM solution in place as they can get. Or, they want to make sure broadband rollout does not go as most people would like it to. Which is why the actions of illegal downloaders hurt both you and I (as well as the rest of the legal download and non-download communities).

    Still stuck at 384Kbps up? Welcome to America: Most populous 3rd World Nation on the Internet.

    And your point with the GPL. It has been argued on Slashdot before. A world without copyright would indeed ma

    --

    The thing about things we don't know is we often don't know we don't know them.

  90. i don't have to argue with you ;-) by circletimessquare · · Score: 1

    in this corner: millions of music hungry, technologically sophisticated, highly motivated, and most importantly POOR teenagers (see, in your "morality" you have to have $$$ to be moral)

    in this corner: music executives

    who wins genius?

    i don't have to argue with you, because you're not arguing with me. you're arguing with reality. i would love to see you articulate how music piracy is going to do anything except increase. please, inform little old self-centered me, oh great selfless moral one: how is music piracy going to decrease? i'm listening, i'm all ears. please, tell me, i'd love to be enlighted by you about the path to a higher "morality" (snicker)

    i'd love for you to explain this magical world where poor music hungry teenagers are suddenly going to stop pirating music and spend $$$ they don't have. maybe you should open your bank account and hand them cash so they can be "moral" (snicker)

    calling people who pirate music immoral is not based on intelligence, it is based on fear of the unknown. try THINKING for once, THINK... HOW is this going to play out? how is the internet going to fully effect music distribution? THINK, independently... and arrive at a more moral outlook ;-)

    look: someone invented something cool. they started with a metal tube, added some fulminate of mercury and a slug. it works like a miniature cannon. they call it a "gun". you point it at people and kill them effortlessly. no need to swing a sword

    but it's unfair! it challenges the knightly order! it challenges the status quo! outlaw the gun! it is immoral! how can you protect the king when any loser can just point at him and kill him! distruptive technology is unfair! WAAAAAAAAAAAAAAH nothing should ever change in my world WAAAAAAAAAH ;-/

    go ahead dude, put the genie back into the bottle, fight the rising and the setting of the sun. whatever makes you happy. maybe someday though, you'll wake up

    i don't have to argue with you, because what i am saying is not what SHOULD happen, what i am saying is what IS happening, get it? you're describing what SHOULD happen. well i think what SHOULD happen is a different hot chick sucks my dick every morning. it's not happening. i'd like it to happen, but it's not. maybe someday i'll be hugh hefner, but right now i gotta go to work and make some $$$

    see that? i know the difference between what SHOULD happen and what IS happening

    do you?

    i don't have to argue with you, you're arguing with yourself, you're trying to grapple with and understand the changes that are happening to your safe coccooned world where nothing changes and everything is right, and so you lash out in frustration and panic because of your brittle inability to incorporate change in how you see the world work, it doesn't seem "right" so you think you have to persecute it. but nothing changes when you persecute it. it just keeps getting worse and worse no matter what you do. maybe you should accept it? hmmm

    i'm not your enemy, you're just shooting the messenger ;-)

    here it comes: change. do you see it? WAKE UP FUCKER!!!!

    BWAHAHAHAHAHAHAHAHAHAHA ;-P

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:i don't have to argue with you ;-) by Red+Flayer · · Score: 1

      "who wins genius?"

      Are you still thinking that I support the status quo? Do you even bother to read what you respond to, or are you 100% troll?

      The entire thread isn't about what's happening, what should happen, whether or not anyone can accept where the market is going. Somehow you are trying to frame it as "I'm right, you're wrong abou the future of the industry" because you can't deal with the basic argument at hand... whether or not music piracy is immoral or not.

      It's a common enough tactic, it's called a straw man argument. All it shows is that you've abandoned your argument.

      So, basically, your juvenile mind has, by default, accepted that music piracy is immoral... otherwise, you'd be debating that issue, instead of trying to twist my words and change the subject, right?

      Let me sum up your argument on the morality of music piracy so far:

      1) Well, it's happening, the entire music industry has to change (from producers all the way to artists) to find a new revenue stream. I don't care how, maybe advertising, but me and all my buddies aren't paying for it.

      2) The industry is corrupt, so anything I do is OK, because millionaire music producers are teh evil.

      3) It's free of cost to make a copy, so therefore I shouldn't have to pay for a copy.

      4) The only correct moral alternative is to do what's best for me. Everyone else is doing it, so that akes it OK, right?

      Every other little flame you've posted has been to attack a point of mine that either

      1) I didn't make, or

      2) I made to refute a point of yours that was not germaine to the discussion.

      So, if your answer to a morality question is, "If you don't like it, tough, that's the way it is" then you shouldn't have posted any comment about morality at all.

      And if you can't justify, in moral terms, your actions, then I think we all can assume that you don't really have any moral justification.

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

    i agree with you 100%

    everything you say about my depiction of what is happening, 100%, even the selfish part

    so.. tell me where i am wrong ;-P

    i think your problem is that your definition of morality subscribes to some idealistic notion of how the world works. it's funny, since i am supporting music piracy, and you are just a shill for industry fat cats (you are, no matter how much you admit it or not... i admit i'm selfish in my argument, let's see how intellectually honest you are now), but you're very much the idealist, like a communist, while i am the realistic capitalist with my pro-music piracy stand ;-P

    communism was done in by basic human greed. they had a system which worked perfectly... except for the greedy humans in the system

    likewise, in this argument, you seem to think consumers of music are some sort of virtuous self-sacrificing (and rich) actors

    so, just like communism, your virtuous "moral" anti-piracy system works perfectly... except for the selfish humans in the system

    so, just like communism, you win this argument on morality... if human nature wasn't what it was

    but since human nature- the good, bad, and ugly, is something unchanging across time and space... greed, vanity, selfishness... and since my argument is the only one that takes the ugly elements of humanity into account (that is, one based on the reality of the situation, rather than an idealistic depiction of human nature like yours), then mine is the more moral stand

    bear with me, i'm going a little off topic so you see where i am coming from: i view abortion rights, or gay marriage, the same way. people call these things immoral. but they are immoral only if you are unwilling to embrace change and human nature. women have been aborting forever, since before we were humans, regardless of its legality or not. in fact, the rate of abortions go down in societies like the usa where abortions are legal, and go up in societies like brazil where they are not. likewise, homosexuality has been with us forever. making it unacceptable, "immoral", does not make it go away, it just continues, unabated, completely unaffected. just underground

    therefore, people who invoke morality like you do, on questions of change and fundamental human nature, are not really moral at all. in my eyes (more realistic eyes) what is moral is what is fair. is the catholic church's teachings on contraception moral? they say so. but their policies result in more pregnancies and more std transmission. because people still have sex. taking away condoms because they "enable" "immoral" behavior does not make people have less sex. therefore, in my eyes, the catholic church's teachings on contraception is immoral

    morality, as defined by some, is just protecting the status quo, resisting change, not accepting reality of human nature, clinging to idealist modes of behavior which don't ever happen. but this isn't morality to me. it's just foolish idealism, resisitance to growing up and seeing the world for as it is. and people who fight reality, they actually INCREASE suffering in this world. like the catholic church and condoms. and that, in my eyes, makes such brittle people immoral

    it's rather circuitous and off the central subject, but perhaps you can appreciate where i am coming from now: you labelling music piracy as immoral is the same thing to me. and so, to me, you are immoral. people in the music industry who think like you cause more suffering than music piracy does. you would rather 10 people buy a cd at $20, then 1,000 people get the music for free, increasing ad revenue and concert attendance by getting out the good word. but no, in your world, we have to protect the status quo. we have to deny people are selfish. to what end? a better world? no, just unhappy music fans, poor artists, and some fat rich music industry bastards

    it woul dbe easy of you to dismiss me as just a playa hata, someone who just hates the rich. but i am proposing a MORE lu

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

      In my view, morality has nothing to do with control, nor does it have anything to do with maintaining the status quo.

      It's an abstract that's hard to define, since it varies from culture to culture. But, in a nutshell, I say:

      Do unto others as you would have them do unto you; and
      When in doubt, try to do what benefits the most people, or harms the least people.

      With regard to music piracy, the issue, to me, is this:

      Pirating the music benefits no one but the pirate. It does not reward the artist for creating the music; it does not reward the people who worked on the album/song; it does not reward the people who recognized the talent and decided to fund their album or career.

      In the long run, what does this mean? I get lots of content now. But the shrinking incentive for musicians to enter the market means that I'll get less quality music later, especially since a lot of quality music is not cheap to produce. This means fewer listening options for me, fewer listening options for everyone... which in my mind, is a bad thing.

      This has nothing to do with control. It has nothing to do with the current state of the industry (which I don't like either, I have big problems with copyright law in the US). All it has to do with is this: piracy rewards only the pirate, and has negative consequences on others. In addition, it provides an easy scapegoat to the **AA, which results in less impetus for positive change in the industry... which means that, ironically, piracy is helping preserve the status quo.

      "in my eyes (more realistic eyes) what is moral is what is fair"

      How is it fair to the artists that they receive no recompense for the hard work they've done and the art they've created? Just curious, cuz, y'know, that doesn't seem very fair to me. Not saying the industry system is fair, but two wrongs don't make a right.

      If you don't want to reward the big industry companies, then don't... but that doesn't make piracy any more or less moral. You're still taking advantage of someone else's work, to get enjoyment for free, that is not normally available for free.

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

    I'm much more interested in people listening to our music than in making a buck off of it. If someone likes it and wants to pay for it, great! If not, at least they listened to it.

    Right now none of our music is even complete so there isn't a way to pay for it but the music is on the site for free.

    To me it's a hobby that I enjoy. If others like it then I'm grateful. The only restrictions we put on the distribution of our music is to make sure that nobody else uses it to garner a profit, because if they do we want our share. We're all about letting our music be copied and distributed pretty freely as long as nobody tries to make themselves a buck on our backs. If they do they better cough up some of it.

  93. Re:Obvious answer... by yourlord · · Score: 1

    not that this has anything to do with the subject at hand but if you scroll a little down the myspace page you will find this:

    Band Website lykachamp.com

    click that and you go to their website where what you asked for is available.

  94. Re:Dork by Pseudonym · · Score: 1

    Just so everyone knows, because some people aren't paying attention: The AC isn't trolling. They're being satirical. This is the story that they are alluding to.

    --
    sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  95. you're insane by circletimessquare · · Score: 1

    why does someone create music? to make money?

    before recorded media, did no one make music because they wouldn't get a royalty check?

    dude, people were banging on drums LONG before the invention of currency! they did it because some chick smiled at them. when a kid picks up a guitar or a turntable in their teens, they aren't trying to get Jay Z's bank account, they are trying to score chicks!

    in fact, there are plenty who would assert that removing money from music would make it BETTER. that pop crap like hilary duff and ashley simpson is what you get in your world, and more assertive local music scenes is what you would get in a pirate's world

    but i don't even subscribe to that communist argument. i subscribe to the argument that in a world of music piracy THERE WOULD BE MORE MONEY TO GO AROUND. advertising! the television broadcast model. you asserted in a previous post that this economic model would horribly cheapen music, pervert it. DUDE WHAT THE FUCK DO YOU THINK PEOPLE THINK THE CURRENT MUSIC ESTABLISHMENT DOES TO MUSIC!!!???

    Do unto others as you would have them do unto you; and
    When in doubt, try to do what benefits the most people, or harms the least people.

    With regard to music piracy, the issue, to me, is this:

    Pirating the music benefits no one but the pirate. It does not reward the artist for creating the music; it does not reward the people who worked on the album/song; it does not reward the people who recognized the talent and decided to fund their album or career.


    I AGREE 100%. in a world of music piracy IT IS PURE DEMOCRACY: who is rewarded for recognizing talent? the music listeners! who recognizes the talent. THE SAME FUCKERS. they vote with mouse clicks. this is SUPERIOR to some self-appointed musical snob who decides everyone is going to listen to the white stripes this month. fuck that! and as you say "try to do what benefits the most people". do you believe a special panel of snobby twits should pick our president? or that democracy should pick our president? what should the masses listen to? what some smug prick who thinks sunshine comes out of their ass says they should listen to? or what they actually fucking download and pick themselves?

    so here's your pirates paradise- artists: more exposure, better ad deals. record exec: more cash. sound tech: job security. fans: freedom, more cash in their pocket. self-appointed music snob: still lots to talk about in their self-important blog. EVERYBODY WINS

    your morality? protecting the status quo of music snobs who in their self-importance think they should decide what we should listen to! FUCK THAT

    dude, you are so far away from morality it's not even funny. you're totally deluded on the subject. my position is more moral than yours. utterly. completely

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:you're insane by Red+Flayer · · Score: 1

      "so here's your pirates paradise- artists: more exposure, better ad deals. record exec: more cash. sound tech: job security. fans: freedom, more cash in their pocket. self-appointed music snob: still lots to talk about in their self-important blog. EVERYBODY WINS"

      BS. And you call me an idealist? What about the artist who doesn't get critical mass for ad sponsorship, niche artists? What about the censoring of content by advertisers -- you know that'll happen. What about the fact that we all pay for that advertising through increased product prices. You're just subsidizing your music preferences by the increased prices that we'll all have to pay on advertised goods. Anyone who doesn't download music LOSES.

      "your morality? protecting the status quo of music snobs who in their self-importance think they should decide what we should listen to! FUCK THAT"

      WFT? again, you cherrypick and misapply things I say. Dude, you need to fucking learn how to reason. What's wrong with rewarding a friend who tips me off to a band? Huh? Song referrals on iTunes etc would be a great way to do that. THAT'S what talent scouts do, albeit on a large scale. They get commission on finding artists that people like. If they can't find anyone that the market likes, then they don't get paid. It's just another way for the "DEMOCRACY" of consumerism to make a choice. That's what fucking talent scouts do, you moron, they refer talent to people who might want to listen to them.

      "or what they actually fucking download and pick themselves?"

      And how the fuck do you think those songs you like to download actually get produced? You think a song just magically appears on the market with good production quality? Who the fuck are you to say that I, or anyone else, couldn't drop a couple thousand to help produce an album by a friend's band that we think is really good? What, every band has to put up some live cut from some shitty bar, then the market can all vote on who's cut makes it to post-production edit? You want your music choices to be determined by some world-wide "American Idol?" You want all your fucking musicians to just be a brand used to cross-promote? No artistic independence, no art for the sake of art? You want corporate whoring to be the primary method by which bands make a living? Fuck off.

      "dude, you are so far away from morality it's not even funny. you're totally deluded on the subject. my position is more moral than yours. utterly. completely"

      Nyaah-nyah-nyah-neeners-neeners? That's your fucking argument? Your only other one is that you don't like it when people refer musicians to you? That qualifies a so-called superior moral position that boils down to: "Free music for me, it doesn't matter where it comes from, as long as I don't have to pay for it." You think advertising dollars appear from thin air? Wrong, mofo, every consumer pays for that. All you want to do is make it so we all subsidize what is popular (because that's who gets the ad dollars). Fuck you, I don't want the money I spend on detergent to subsidize your music tastes. If I like your music, I'll pay to listen to it.

      And if I couldn't afford it, then I'd listen to music I could afford -- there are plenty of bands out there that are willing to distribute their music for free. No one is forcing me to listen to any band out there. If I want it bad enough, I'll pay for it.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  96. everything you say about the coming world by circletimessquare · · Score: 1

    is true, all the negatives you list, i admit every single one

    and yet, when summed together, it's less negative than the negatives of the economics of the current music distribution model. in fact, plenty of your negatives above are no different than the same negatives we have with the current distro model, so those points of yours don't even mean anything

    winston churchill said: "democracy is the worst form of government, except for all those other forms that have been tried from time to time."

    people can list all sorts of bad things about democracy, and they do bitch and moan all the time. just like you complain about the coming, inevitable ad supported music piracy world. except that monarchy, theocracy, autocracy, etc: these have bad elements that are worse when summed together than democracy's bad elements. except that the current status quo music distro model has bad elements that are worse when summed together than music piracy's bad elements

    so i say: "music piracy is the worst form of music distribution, except for all those other forms that have been tried from time to time"

    you look at music piracy, and you see ugliness. and i agree with every single wart and pimple you point out. but you won't admit that the current distribution model is UGLIER

    and i'll spare you a long winded diatribe about all the POSITIVES of a music piracy world, positives that don't exist in your current antiquated world. i'll leave that to your boundless imagination ;-P

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:everything you say about the coming world by Red+Flayer · · Score: 1

      And where, I ask you, did I say the current model is a good one?

      Never in the entire thread. I've said the exact opposite.

      But so what if the current model is a bad one -- does that make music piracy good?

      No. You act as if your only option is to support the current model, or to pirate. That's bullshit. You could support your convictions without pirating.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  97. ah, a hopeless idealist by circletimessquare · · Score: 1

    welcome to the real world. it is complex and difficult and open ended, there are no easy solutions that hurt no one. there is no such thing as a perfect solution that has no negatives

    when presented with two bad choices, i choose the less bad choice. apparently, when you are presented with two bad choices, you choose not to choose at all? how do you win the game of life by not playing it?

    you're a hopeless idealist ;-)

    your story is as old as time. well meaning idealism doesn't work in the real world

    pragmatism does, and you don't have to sacrifice any of your ideals to be pragmatic about how to work them. in other words, you don't sacrifice your principles by playing them correctly, it's an unfounded fear that by playing it any other way except straight you are somehow sacrificing your ideals. this is not a cynical observation, it's a tactical one

    the ivory tower approach to life may well make you feel smug and superior in life, but it doesn't help with a messy struggle in the mud. you don't lose when you go the idealistic route, you just wind up not playing the game, and becoming irrelevant to the causes you care about

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  98. Re:Price Fixing...or Fixed Pricing? by Ilex · · Score: 1

    I still believe that a CD is vastly overpriced for what it is...

    Then don't buy it.

    Who said i did?

    I criticize anyone who downloads illegally.

    I don't. I can understand why people would want to download a clean FLAC or high bitrate MP3 rip instead of paying for a CD loaded with crapware. Either way as the artist does not receive fair payment, from my point of view both are receiving stolen goods. Why give money to theives?

    Most artists are adults. They can decide for themselves wether a deal offered by a label is right for them.

    Things I've noticed about the artists that speak out against P2P. They're either stupid or they've already made it. A friend I used to work with was a talented musician as well as a good business man with a working knowledge of contract law. He refused to enter into any contract he considered unfair. Needless to say he didn't make it in the music biz. Would he have made it if he signed? Who knows. Who knows also how many clever ,talented musicians also don't make it because they wanted a fair deal.

    But illegally downloading their label-sponsored music does not seem to help expand their options much.

    I'd rather work to expand their options.

    In that case don't buy from the majors. Downloading music doesn't generate revenue but it helps the smaller guy get noticed. Publicity they would normally have to pay for out of their own pocket. Also www.magnatunes.com seem to give a fair deal.

    you are apparently not one of their customers (or at least not a very profitable one, it would seem), so why should they listen to you? More to the point: how can they listen to you?

    Because they should want my business? They can listen buy coming down from their corporate ivory towers.

    Oh the music industry gets it, alright. Not for a second do they miss the relationship between CD and $0, between DRM'd DVD and $80.....

    Early on it became apparent that the DRM and Region locking on DVDs are worthless. Full length DVD images are available on the net as well as album rips. The difference is that the bonus material has been stripped from the DVD images. If you love the film and want the extras then you have to buy the Disc.

    Both the music industry and the movie industry want to be sure they have some other fallback to protect themselves besides a horrible bandwidth infrastructure.

    they want to make sure broadband rollout does not go as most people would like it to.

    Yes that's what's happening. Take a look at who's buying up the ISP. SKY, Time Warner. That's right the media conglomerates. And you can bet it's because they want to control distribution. Lets take a look at upload bandwidth. A few years a go it was 2:1 thats twice as fast down as it was up. Now its 4:1. Upload bandwidth has not increased at all. Download bandwidth on the other hand has quadrupled. Next year the ratio is going to be more like 9:1. You can see where this is going. You can consume but there's no way you can distribute unless you want to tie your net connection up for days. It isn't Joe six pack that's putting his DVD's on the net. P2P is just the end of the supply chain. Choked upload, DRM or even Legal threats is no deterrent for the more determined pirates out there.

    My point with the GPL is that all the code is public but companies make their money on the support and services. Sure I could get some d00d out in Iscrapistan

  99. Different compensation for different works? by tepples · · Score: 1

    Don't know about you, but almost everything I download is copyrighted. Slashdot is copyrighted, The Linux kernel is copyrighted. The amusing email a friend sent me is copyrighted.

    But they're not Commercial Works, which I'll define here as copyrighted works with all rights reserved and with access restricted only to paying customers. Commercial Works are an example of what are called club goods in economic jargon, meaning that they are excludable but not rivalrous. On the other hand, access to freely available works such as the text of Slashdot comments and the Linux source code is a public good, or a good that is neither excludable nor rivalrous. If some kinds of works tend to be distributed as public goods but others need the additional incentive that a club good business model has historically brought, how will the revenue distribution under a compulsory license scheme address this?

    Ah, but now [when we consider the apportionment of revenues from this tax,] we're getting into a completely different argument.

    No, it's almost the same argument. Under current models, whether access is restricted depends on what kind of incentive an author needs in order to create and publish a work. Different works need different amounts of incentive, and a proposal for a copyright replacement should address this fact.

    However, I think it would be a possible to create a decent form of metering software. It just requires a market.

    It also requires a design. How is metering accomplished other than through eavesdropping, especially given IPsec, SSL/SSH, and other methods of hiding data from eavesdroppers? Or are we talking about introducing what Mr. Stallman has called Treacherous Computing?

    1. Re:Different compensation for different works? by 91degrees · · Score: 1

      But they're not Commercial Works, which I'll define here as copyrighted works with all rights reserved and with access restricted only to paying customers.

      But there's no reason they can't become commercial. The reason many of them aren't at the moment is simply that it's not viable to do so. Creators that don't wish to have no reason to take from the pot.

      No, it's almost the same argument. Under current models, whether access is restricted depends on what kind of incentive an author needs in order to create and publish a work. Different works need different amounts of incentive, and a proposal for a copyright replacement should address this fact.

      Yes it should. I agree. But the argument was it was unfair on the people paying the tax, on the basis that they are subsidising other people's dowloads. It may be unworkable. It would cost people way more than they're willing to spend. It may also be unfair, but not for that reason.

      However, I think it would be a possible to create a decent form of metering software. It just requires a market.

      It also requires a design. How is metering accomplished other than through eavesdropping, especially given IPsec, SSL/SSH, and other methods of hiding data from eavesdroppers? Or are we talking about introducing what Mr. Stallman has called Treacherous Computing?

      The market requirements would produce a design. The market's good like that.

      All we need is to create a standard protocol for data to be sent, anonymously, to the rights collection organisation. Since sending this data costs people nothing (they pay a fixed tax whetever), and results in a reward for the people they like, it would be in the users favour to use software that implements the protocol. A lot of people may well dislike the idea, but this doesn't matter. All we need is a statisitical sample to work out how much each artist deserves. If 10% of the population use the software, we find out which information they're downloading and divide the pot between them. Since we're just dividing a fixed amoutn of money, it doesn't matter how small a sample we take, as long as its large enough to be statistically valid.

      Granted, this is open to fraud, and this will have to be dealt with by law rather than technology, but the basic mechanism should work.

    2. Re:Different compensation for different works? by geoffspear · · Score: 1
      You've convinced me. See, I thought this insane idea was only going to apply to works that are currently sold commercially.

      Now that I realize you're also going to force me to license to anyone who wants it every email message I write, any digital picture I take, any document I create on my computer, etc., I'm all for this idea.

      Just think of all the money in micropayments school children can make when pedophiles download their daily schedules and photos of their friends, which they're forced to license.

      You, sir, are a genius!

      --
      Don't blame me; I'm never given mod points.
    3. Re:Different compensation for different works? by 91degrees · · Score: 1

      Nobody's forcing you to do anything. However, if you want to claim royalties for your emails and digital pictures, then you will have every right to. Simply publish them, sign up, and claim royalties from the rights organisation.

      Just think of all the money in micropayments school children can make when pedophiles download their daily schedules and photos of their friends, which they're forced to license.

      Now, that's a really stupid way of lookingat things. People would only be obliged to licence things that were actually published. You see, it's quite easy to prevent people from copying by not publishing.

    4. Re:Different compensation for different works? by geoffspear · · Score: 1
      But in your imaginary world, what's the definition of "published"? You point out yourself that websites I visit and email I receive would be covered under your scheme. Am I forced to license the email to everyone, or not?

      If I write a business strategy report for someone and they pay me for it, do I have to share that?

      How about if I write a song that I don't want in wide release, but I agree to sell it to one person. Do I then have to license it to everyone for free download? What about if I sell it to 10 people? 100? 100000? At what point is "forced licensing" actually forced?

      And before you claim no one's being forced to license things under this plan, reread the thread. The objections you're replying to are to another posters' suggestion of forced licensing. If you're talking about something else, anything you've said is a non sequitur.

      --
      Don't blame me; I'm never given mod points.
    5. Re:Different compensation for different works? by 91degrees · · Score: 1

      We're talking about compulsory licensing here. Not forced publication. You have no obligation to publish. Just to license. If you write a business strategy, you don't have to share it. If I get hold of it, I can share it, and if I do, then you get compensation for it. If you write a full length novel, you don't have to publish that online. But if it gets published as a book, someone else will publish it online. Compulsory licensing means that they have the license to do so.

      If you write a song and don't want it in wide release then you're out of luck. The purpose of this system is to encourage people to share work. Why should you be rewarded for greedily wanting to hoard it? You would not have that right. Unless you can prevent the recipient from sharing it, then it will be shared.

    6. Re:Different compensation for different works? by Twanfox · · Score: 1

      Forcing people to do anything (and that is what compulsory means) is pretty much a bad thing. Oh, you claim that " Nobody's forcing you to do anything. " and then turn around and state that something you create as a private work, if given to you, suddenly becomes publishable and YOU, not the person that created it, has the right to decide how it is to be treated, even though it is supposedly the content creator that gets paid for it. Brilliant. Do you even hear the words that you're saying, or are you just trolling for responses? I'm starting to think the latter, because I have yet to figure out a single shread of logic that follows through your entire proposal.

    7. Re:Different compensation for different works? by 91degrees · · Score: 1

      Forcing people to do anything (and that is what compulsory means) is pretty much a bad thing.

      Compulsory licencing in this context does not mean someone is forcing you to licence. Don't get so hung up on dictionary definitions. Compulsory licencing just means you can't use legal threats to prevent people from distributing. As compensation, you get a per-use, or per copy fee (depending on the system designed).

      Oh, you claim that " Nobody's forcing you to do anything. " and then turn around and state that something you create as a private work, if given to you, suddenly becomes publishable and YOU, not the person that created it, has the right to decide how it is to be treated, even though it is supposedly the content creator that gets paid for it.

      That's about the size of it. People are permitted to make copies. The rights of copyright holders to prevent this would be taken away. If I have some information, why shouldn't I send it to someone else? Why does being the creator mean you're allowed to ration an infinite resource? People are going to share it anyway! This way, at least you get paid for it. If you don't want to share it, only distribute to people who you know will not share it. I'm not sure who'd being forced to do anything. Your creation gets shared without any effort on your part. The only obligation on you is to register it if you want to claim royalties. I don't see where coercion is involved.

      Brilliant. Do you even hear the words that you're saying, or are you just trolling for responses? I'm starting to think the latter, because I have yet to figure out a single shread of logic that follows through your entire proposal.

      The logic goes like this -

      People will share music, videos and other media on the internet.
      It is impractical to stop people from doing so.
      In general, society benefits from being able to accerss media.
      If we allow people to do so for free, then creators will not get compensation for the work they've done.
      Hence, we need a means to allow sharing of data, whereby creators get compensated.
      Society does not benefit from creators preventing access to their creations.
      If we allow people to download an unlimited amount for a fixed fee, then they get more movies, music and other media for their money.
      The rights holders get the same amount of money as they would with existing copyright.
      Result is the consumers get more, the creators get as much. Everybody wins.

  100. Re:I purchase through current distribution channel by tepples · · Score: 1

    I find the current distribution channels are adequate for my media needs.

    What do you define as "media"? The contention is that if you download Fedora Core ISOs under such a scheme, the authors of the GPL software might get money from your use. What, specifically, do you use your Internet connection for, so that I can help explain how such a tax would apply to your use?

  101. Which individual? by tepples · · Score: 1

    Another way would be to apply copyright as it was intended -- for a limited period of time, and only issuable to an individual.

    Which individual? The songwriter? The sheet music publisher? The executive producer? The producer? The recording engineer? The featured performers? Studio musicians? In fact, under a system where corporations cannot hold copyrights or life-of-copyright exclusive licenses, the closest way to the prevailing record industry business model would be to assign copyright to the record's executive producer. But then wouldn't the executive producer have her hands tied by the contract with the record label that pays her?

  102. DivX certified DVD player by tepples · · Score: 1

    most people don't want to watch [feature length films] on computer

    A lot of people who live in university residence halls or in Japan don't even have a TV for lack of real estate. If they do have a TV, it's no bigger than a 19" monitor.

    most people don't have the hardware or the know-how to output the computer to the TV.

    Nowadays, hooking up a TV monitor is no more difficult than hooking up a DVD player. Many to most newer video cards have a composite video output (RCA), and all consumer sound cards have stereo line level audio outputs (3.5mm miniplug + cheap adapter from Best Buy = RCA). Or are TV outputs rarer on video cards than I think?

    What would really kill movies is making an affordable DVD/CD player that can play all those formats downloaded off the internet.

    People in select countries can already buy a DivX certified video player that also plays DVDs for under 60 USD or less.

  103. The analog hole breaks audio DRM every time by tepples · · Score: 1

    is anyone willing to say that DRM can be made 100% ineffective?

    At least with respect to music, yes. Keyword: Analog Hole.

    1. Re:The analog hole breaks audio DRM every time by lynx_user_abroad · · Score: 1
      At least with respect to music, yes. Keyword: Analog Hole.

      The word analog, originally analogue or the Greek original analogos is defined to mean something that is analogous or similar to something else according to the Merriam-Webster Online Dictionary.

      Contrast to the word duplicate.

      So something pulled through the "analog hole" can never be a 100% perfect copy. And yes, that is by definition.

      But the original question was not wether DRM could be 100% effective at preventing copies, but wether it would ever be 100% ineffective at preventing copies. Even a DRM system that can be bypassed by holding down the shift key as you insert the disk isn't 100% ineffective as it forces the user to hold the shift key.

      My point was that by forcing the use of DRM, even 99% ineffective DRM, we are creating a lose-lose situation.

      --

      The thing about things we don't know is we often don't know we don't know them.

  104. Watching Pinocchio again, and again, and again... by tepples · · Score: 1

    I can watch the DVD maybe once or twice before getting sick of it and shelving it for good

    Tell that to the parent of a 2 to 6 year old who is nearly sick of being asked to put this on again.

  105. Legality of selling your own music? by tepples · · Score: 1

    From talking to my brother (a musician who sells his own CDs via his website using CDBaby)

    Is he a cover artist, or does he write his own songs? If the latter, then how does he manage to make sure that he doesn't subconsciously copy someone else's copyrighted songs? I'm curious as to how real independent musicians avoid making the same mistake that George Harrison made when he wrote "My Sweet Lord".

  106. Mobile Internet radio? by tepples · · Score: 1

    I seldom listen to any major label artists since discovering internet radio.

    Internet streaming music is great for people who have desk jobs because they're tethered to a machine that has Internet access. But what about people who have jobs other than a desk job, or who have a long commute? The advantage of FM or XM radio over Internet streaming music is that FM or XM radio is much cheaper to receive in a mobile device. (Compare $10/mo for XM radio to $100/mo for wireless broadband access from Verizon.)

    1. Re:Mobile Internet radio? by Ytsejam-03 · · Score: 1
      Internet streaming music is great for people who have desk jobs because they're tethered to a machine that has Internet access.
      Agreed. I do indeed work a desk job, and typically listen to streaming music then entire time I'm at my desk.

      Last year I rented a car for a road trip that was equipped with a Sirius radio system. While it certainly beat listening to FM, I still could not really find any stations that I liked. I like stuff that's on the "heavier" end of the music spectrum, and the only stations they offered in this genre were an 80's hair-metal station and a death-metal station. I hate death-metal, and I can only tolerate hair-metal in small doses. My wife, however, loved it because they had a station that played a bunch of stuff from the 90's that she likes.

      I look forward to the day when wireless internet access is available throughout all the major cities at a reasonable price. At this point someone will make an appliance that will allow me to listen to streaming music in my car. Of course, once this happens the RIAA will start trying to kill streaming music the same way they're trying to kill P2P now. Anything that gives independent artists exposure to mainstream audiences is a threat to their business model.
    2. Re:Mobile Internet radio? by Anonymous Coward · · Score: 0

      well i think this internet radio on mobile is already happening. some time back i saw a thread on /. about virgin radio (www.virginradio.co.uk??? not sure about the URL)putting its stations for free on the cell phones. Russell beattie had seems to have had great reviews about it too. The major issue here is not about RIAA right now. The problem is 2 fold: 1) Other than Virgin i think the mobile radio service by sprint and cingular both are paid. Why in the world would i pay $7/month + data charges ($25) just for those few mins when I think i would need music on my phone? 2) I use T-mobile. And guess what none of these paid services work on t-mobile. Bottom line is that those companies that are willing to set up just like internet, free to consumer model stations and work across many diff operators will work. Just imagine that SBC cable users can only get access to certain parts of internet other DSL users to other specific parts. THIS DOESNT MAKE SENSE-somebody please tell the cell operators to think! Also came across free christian mobile radio service-think its a recent service. http://www.sydusmobile.com/home.html/

  107. Re:Obvious answer... by trollable · · Score: 1

    Excellent. Now I will listen it. And probably add it at DJRate.

  108. Re: a moron by Red+Flayer · · Score: 1

    What kind of BS are you going on about now? Idealism has nothing to do with a morality issue. Just because I believe that people like you are hypocritical for not acting on their supposed morals, doesn't mean that I don't understand that people are too selfish to do so.

    "apparently, when you are presented with two bad choices, you choose not to choose at all? how do you win the game of life by not playing it?"

    There you go, making stuff up again. Stop it. Where do you get that idea, except off the top of your head? You keep constructing straw men so you can debate yourself, without even bothering to address what I say.

    Your morals appear to be: 'do whatever is best for me. Let the rest sort itself out; if the industry doesn't adapt, it's not my problem.' Hell, you even claimed in your OP that it's not even a morality question, which is what I disputed.

    So now, apparently, you think I'm some kind of ivory tower academic idealist? With no basis for that, other than the fact I disagree with your notion that it's ok to pirate music, just because everyone else is and because the industry has to change to support you, and people like you? That's BS -- just because I disagree with your lack of morals, or failure to apply your morals to the piracy issue, doesn't mean that I'm an idealist.

    I know that people like you will always take what they can get for free, regardless of moral issues. But then to say there are no moral issues with what they do -- well, your just a selfish twit who chooses to ignore the consequences of their actions, and a coward who doesn't choose to act by their so-called morals.

    I am fully aware of how the real world works (you know, I live and work in it, and deal with people every day), but that doesn't mean that morality doesn't exist.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  109. Re:Price Fixing...or Fixed Pricing? by lynx_user_abroad · · Score: 1

    I don't. I can understand why people would want to download a clean FLAC or high bitrate MP3 rip instead of paying for a CD loaded with crapware. Either way as the artist does not receive fair payment, from my point of view both are receiving stolen goods. Why give money to theives?

    We may have to disagree here on several points.

    Suppose a publisher chose to offer a low-bitrate copy for $1.00 and a higher-bit rate copy for $2.00. Should purchasers of the low-bit rate copy consider themselves entitled to download a higher bit-rate copy? Does their entitlement change if the publisher is the artist herself? What if the publisher is the artist's husband? A close friend?

    We can characterize all music publishers as evil, and such a characterization might be true for all I know. But we must acknowledge that the artists themselves selected that mechanism for the publishing of their work. Maybe they made a stupid chioce; if so, it is their responsibility to fix the problem. For us to arbitrarily decide for them what constitutes a "fair payment", or charge their publisher as a thief, or decide what they intended when they signed on with a publisher is disrespectful to to the artist, to say the least.

    It's also in direct conflict with your original argument: that if a publisher increased the quality (I assume the offering of "...a clean FLAC or high bitrate MP3 rip..." constitutes an improvement over "...a CD loaded with crapware..." in your opinion) you might be willing to pay more. You comment here seems to indicate that you don't consider there to be anything wrong with people receiving the higher quality product wether they have or have not purchased the lower quality one. It almost sounds as if the mere offering of a lower-quality product stands as justification to steal the higher quality one. Was this what you were intending to say?

    Or are you saying the act of selling a CD is a crime comparable to that of theft, and as punishemnt, the perpretrator should be subject to having anything he owns, wether offered for sale or not, stolen by the online community with impunity?

    In that case don't buy from the majors.

    "Who said i did?"

    Downloading music doesn't generate revenue but it helps the smaller guy get noticed.

    If I am the artist, and I'm offering a free download from my website simply to drive web-ad revenue then downloading does generate revenue for me. How much? Maybe enough; that's for me to decide, isn't it? If anyone thinks they have a way for me to get significantly more value out of my works without losing anything important to me, they should give me a call. If it's really a good deal, I'll cut them in on a share of the profits. But for them to decide they know better than I do how my stuff should be distributed, without respecting my wishes, is inconcievable.

    Early on it became apparent that the DRM and Region locking on DVDs are worthless. Full length DVD images are available on the net as well as album rips. The difference is that the bonus material has been stripped from the DVD images. If you love the film and want the extras then you have to buy the Disc.

    There's a side to this you're missing:

    I know someone who's hearing was injured in an accident. He has no hearing in one ear and his hearing in the other is moderately damaged. He still likes to listen to music, but it has to be in mono (as opposed to stereo, otherwise listening on headphones is like listening to a stereo with one speaker wire clipped) and he can't tell the difference between a high bit rate encoding and a low bit rate one. For him, the highest value recording is a mono, low bit rate, highly compressed MP3 so he can fit the widest selection on the MP3 player. Now we can argue about the morality of an artist charging more for a low

    --

    The thing about things we don't know is we often don't know we don't know them.