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Music Download Pricing Lawsuits Pending?

larry bagina writes "New York Attorney General Eliot Spitzer has subpoenaed Warner Music Group, apparently looking into allegations of price fixing with Sony/BMG, EMI, and Vivendi, and apparently more subpoenas are in the pipeline. 'As part of an industrywide investigation concerning pricing of digital music downloads, we received a subpoena from Atty. Gen. Spitzer's office as disclosed in our public filings. We are cooperating fully with the inquiry.'"

176 comments

  1. This holiday season ... by Catamaran · · Score: 5, Informative

    remember downhillbattle and EFF. They are fighting for your rights.

    --
    Test 1 2 3 4
    1. Re:This holiday season ... by Anonymous Coward · · Score: 0

      Who feels guilty about downloading mp3's now boys? It's not like this is just the start of it either, google "payola" and you can see the recording industry has been crooked for a long, long time.

  2. who'd have thunk it? by yagu · · Score: 4, Insightful

    Who'd have thunk it, the music industry being crooked? So, who are the pirates now?

    It does seem maybe these (alleged) crooks may be losing their grip on the industry: getting caught with their hand in the pricing cookie jar, and potential other investigations into payola (the other way they control the flow and exposure to music/artists).

    Disclaimer: I know, innocent until proven guilty, but with the propensity and willingness of these (alleged) crooks to string up the customer like so many Christmas (Merry!) lights, publicly indicting/convicting consumers before trial. How's the shoe feel on the other foot? Maybe there really is a Santa Claus(e)!

    1. Re:who'd have thunk it? by Anonymous Coward · · Score: 0

      Well, don't forget that they also were charged with (and settled) price fixing some years back as well. Seems like another round by the sounds of things...

    2. Re:who'd have thunk it? by TubeSteak · · Score: 2, Informative

      Innocent until proven guilty is a legal construct.

      "Alleged murder" is not a crime. "Murder" is.

      One of the main reasons we (as a society) go along with the fiction of "innocent until proven guilty" is to avoid prejudicing the potential jury pool.

      Anyways, those two linked articles are very light on details.

      --
      [Fuck Beta]
      o0t!
    3. Re:who'd have thunk it? by SpacetimeComputing · · Score: 1

      Innocent until proven guilty... but only if you're a corporation.

      --
      :wq
    4. Re:who'd have thunk it? by MtViewGuy · · Score: 1, Troll

      You really have to wonder is AG Spitzer working on behalf on Apple Computer to stop the RIAA from trying to impose tiered-level pricing of music downloads on the iTunes Music Store....

    5. Re:who'd have thunk it? by Anonymous Coward · · Score: 0

      A word from some members of the industry would be insightful.

    6. Re:who'd have thunk it? by OeLeWaPpErKe · · Score: 1

      Innocent until proven guilty only applies in Criminal Lawsuits. This is a Civil lawsuit, and they are only innocent till "sufficiently indicated" guilty :-p

      IANALY (I am not a lawyer yet)

    7. Re:who'd have thunk it? by diersing · · Score: 2, Insightful

      Spitzer is working for himself and his ambitious political future. Using the consumer protection aspect of his office he's attacking big business via a multitude of lawsuits extending outside the state boundries. He could care less about Apple or the rights of music buyers for that mattter, whatever garners his office and name the most press clippings.

    8. Re:who'd have thunk it? by darkmeridian · · Score: 1

      Warner and the other music majors are attempting a "price squeeze". The major labels control the music rights and also sell music CDs to consumers. iTunes and other online retailers need a music license from the majors to compete, uh, against the majors. So what do the majors do? They charge a high price to the online retailers so that the Internet music prices are high. Therefore, the majors get to hold onto their old-school business. Innovation in the form of Internet delivery is stymied. The fact that they make more on the music licenses themselves is icing on the cake.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    9. Re:who'd have thunk it? by DA-MAN · · Score: 1

      IANAL, but I thought Criminal Lawsuits determined whether the defendant was Guilty or Innocent. I thought Civil Lawsuits determined whether someone was Liable or Not Liable. . .

      --
      Can I get an eye poke?
      Dog House Forum
    10. Re:who'd have thunk it? by evilviper · · Score: 1
      I really don't know what the point of your post is supposed to be. Just seems like a lot of wordplay and stating the obvious to me.

      "Alleged murder" is not a crime. "Murder" is.

      "Alleged murder" isn't exactly a crime, but alleged "murder" certainly is.

      One of the main reasons we (as a society) go along with the fiction of "innocent until proven guilty" is to avoid prejudicing the potential jury pool.

      No, it's because our justice system requires proof to be establish in court, as opposed to being assumed before reaching court. It's not about influencing jurors, it's about recognizing that the individual (ie. reporter) speaking isn't (and doesn't have any way to be) 100% sure the accused did in-fact commit the crime in question.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    11. Re:who'd have thunk it? by Requiem18th · · Score: 1

      I have a patch: Innocent until proven grassroots. Mmh... open source posting...

      --
      But... the future refused to change.
    12. Re:who'd have thunk it? by zogger · · Score: 1

      These media goons have been getting busted for price fixing and payola since the 50's, and the **&^!&%^s are still in business. Here is prima facie evidence of what the government is all about and what this fascistic/corporate business world is all about. This crap would have stopped a long time ago if the gov had chucked some high priced CEOs in jail, completely busted up some companies and let the stockholders go hang for investing with crooks. What happens is they get some fines, adjust prices to cover the fines, then back to business as usual, said business being ripping off the creative people and the consumers.

            Reminds me of a certain bogus software company and it's industry guard dog hand maiden. They SUCK. They have always sucked. They make enron and worldcom and haliburton look like posterboys for business ethics.

      I applaud this recent attempt by the NY attorney general, but short of actually dissolving these bogus gangster corporations, like they should because they have been proven to not be in the public interest, he won't be able to do much to stop it. That's my best guess on it. They quite literally have too much cash and too much incentive to use it to "stay in business".

    13. Re:who'd have thunk it? by Anonymous Coward · · Score: 0

      "So, who are the pirates now?"

      I read this with the "who's the biatch now?!" voice in my head. Just thought you'd like to know.

    14. Re:who'd have thunk it? by Anonymous Coward · · Score: 0

      As opposed to the time-servers who let business get away with anything? Give me an ambitious wannabe-politico who wants a reputation as a consumer advocate any day...

    15. Re:who'd have thunk it? by yog · · Score: 1

      Insightful. Eliot Spitzer's office has been going after soft targets, often painstakingly struggling to interpret particular corporate actions as "crimes".

      If Spitzer were truly an outstanding AG, he'd be going after organized crime, which has to be costing the country a lot more than these vaguely unethical insurance company "accepted practices" and so-called price fixing.

      There are thousands of instances of businesses having to pay protection/shakedown money, front organizations for drug dealers, petty mobsters laundering dirty money, and the impact of all this is much worse than any of the "crimes" that he's gone after so far.

      I don't believe companies should get away with collusion and price fixing, but an AG of an important state like NY should be focussing on the real crime, not technicalities.

      As for the music industry, it's all about greed. If they force Apple to raise prices, probably sales will drop, but that remains to be seen.

      --
      it's = "it is"; its = possessive. E.g., it's flapping its wings.
    16. Re:who'd have thunk it? by Lord+Flipper · · Score: 1
      Insightful. Eliot Spitzer's office has been going after soft targets, often painstakingly struggling to interpret particular corporate actions as "crimes".

      If Spitzer were truly an outstanding AG, he'd be going after organized crime, which has to be costing the country a lot more than these vaguely unethical insurance company "accepted practices" and so-called price fixing.

      You are a clueless moron, and I will explain why in the simplest manner: Spitzer went after Merril Lynch and other investment banks that the SEC had turned a blind eye to. Soft targets? You're soft in the head.

      Organized crime? Sure. Guess where most of that is concentrated in the State of New York...The City, asshole, and that means it comes under the jurisdiction of the DA, or the Federal prosecutors in the Southern District of Manhattan. Yeah, it is a problem that goes across the country, but a State Attorney General's jurisdiction remains within the State, not cross-country.

      And once again, you are a poorly-read, under-educated moron. Go back to your fucking Xbox or Fox News, whatever.

    17. Re:who'd have thunk it? by Znork · · Score: 1

      "This crap would have stopped a long time ago"

      Probably not, the similarities in prices are quite likely also due to the monopoly pricing status inherent in 'intellectual property'. As nobody else can sell a replacement product you can set your price at the maximum the market will bear. That is a more or less fixed competition for a certain subset of the disposable income of the consumers, which results in prices simply rising as disposable income rises, and as everyone sets their prices the same way - at which point do our customers do without - instead of - at which points can our competitors undercut us, it will look like price fixing, but you cant correct the problem until you remove the laws granting monopoly status for the products.

  3. The New York AG? by jcr · · Score: 1

    Does he even have jurisdiction for this? Isn't this a federal matter?

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:The New York AG? by WCMI92 · · Score: 5, Informative

      "Does he even have jurisdiction for this? Isn't this a federal matter?"

      Sure he does. So long as ONE person in his state has been victimized by RIAA price fixing.

      --
      Corporatism != Free Market
    2. Re:The New York AG? by izx · · Score: 2, Insightful

      Don't forget, Wall Street comes under his jurisdiction. That's why he's gone after so many crooked corporations.

    3. Re:The New York AG? by Anonymous Coward · · Score: 0

      U.S.A.G. Spitzer

      Has a nice ring to it. Kind of like the ringing of the leg irons he could put on Mr. Cheney.

      And Merry {Your choice here}!

    4. Re:The New York AG? by darkmeridian · · Score: 5, Informative

      The Sherman Act gives state AGs the power to sue on behalf of its affected citizens as parens patriae. Private parties affected by anticompetitive conduct can also sue, but consumers in general ordinarily do not have a cause of action.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    5. Re:The New York AG? by wtansill · · Score: 1

      It won't happen. State AG's are elected. Federal AG's are appointed and confirmed. Buy off enough pols and the confirmation won't happen.

      --
      The contest for ages has been to rescue liberty from the grasp of executive power. -- Daniel Webster
    6. Re:The New York AG? by Anonymous Coward · · Score: 0

      If you look carefully, you will see the vast majority of suits/charges against corporations have occurred from states over the last 5 years. Of course, Martha Stewart started with the feds. Since that is so, the states have no choice but to take on protecting consumers.

    7. Re:The New York AG? by TykeClone · · Score: 1

      Yes - it has nothing to do with him being a publicity seeking politician.

      --
      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
    8. Re:The New York AG? by Monkelectric · · Score: 4, Funny

      Hey! Hey! Stop that! On Slashdot we work firmly on *CONJECTURE* and *KNOW HOW*. Bringing facts to the table is cheating!

      --

      Religion is a gateway psychosis. -- Dave Foley

    9. Re:The New York AG? by Anonymous Coward · · Score: 0

      You're not abusing the toilet? wtf?

    10. Re:The New York AG? by tepples · · Score: 1

      the correct form of the plural would help: state Attorneys General.

      The abbreviation for "Attorneys General" is "AGs" for the same reason that the abbreviation for "Linear Bounded Automata" is "LBAs". Now what's the Latin for "National Socialist of grammar"?

    11. Re:The New York AG? by shawb · · Score: 1

      On the other hand, if the people who you are going up against piss off enough politicians with their sophistry and geeneral bullying, then the confirmation is a piece of cake.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
  4. NYTimes Article With Additional Details by Furd · · Score: 3, Informative

    Pricing of Downloaded Songs Prompts Antitrust Subpoenas

    The New York attorney general, Eliot Spitzer, is investigating whether the four record companies that dominate the industry have violated antitrust laws in the pricing of songs that are sold by Internet music services, according to people involved in the inquiry.

    Mr. Spitzer's office recently began serving subpoenas on the major record companies - the Universal Music Group, a unit of Vivendi Universal; Sony BMG Music Entertainment, a joint venture of Sony and Bertelsmann; the EMI Group; and the Warner Music Group, according to people involved.

    Warner Music disclosed yesterday in a regulatory filing that it had received a subpoena on Tuesday in connection with "an industrywide investigation" into whether the companies colluded in the pricing of music downloads.

    Representatives for Warner and Sony BMG said their companies would cooperate with the investigation. Representatives for the other major companies could not be reached or declined to comment.

    1. Re:NYTimes Article With Additional Details by TubeSteak · · Score: 4, Informative
      Well... the part you quoted brings no new information to the table.

      I'm not sure why both the nytimes and the latimes bring up Apple & iTunes unless they're trying to suggest that the music companies are being investigated for colluding on the (future) wholesale prices of tracks they'd like Apple to sell.
      The "industry-wide" investigation likely centers on whether the four major record labels colluded to set the pricing of song downloads on iTunes and other online music stores. Currently, songs are usually priced at a flat 99-cent rate, but the industry has pushed for higher prices.
      A Different Article

      I wonder if those music studios have industrial strength paper shredders or full fledged burn rooms at their corporate headquarters?
      --
      [Fuck Beta]
      o0t!
    2. Re:NYTimes Article With Additional Details by tedgyz · · Score: 1

      I wonder if those music studios have industrial strength paper shredders or full fledged burn rooms at their corporate headquarters?

      Nowadays, I think large magnets are more useful.

      Why won't those hard drives crash when you want them to?

      --
      "No matter where you go, there you are." -- Buckaroo Banzai
  5. Re:Spitzer is looking for publicity by Ph33r+th3+g(O)at · · Score: 2, Insightful

    I don't care what his motivations are, whether he's a demagogue or not, at least somebody is standing up for the little guy and trying to put these scumbags in their place.

    --
    I too have felt the cold finger of injustice.
  6. I've got karma to burn... by hkmwbz · · Score: 5, Funny
    ...so I'll take a chance and say this:

    Dear recording industry: Ha! Merry Fucking Christmas, motherfuckers!

    --
    Clever signature text goes here.
    1. Re:I've got karma to burn... by Anonymous Coward · · Score: 0
      Burn baby, burn.

      (I suppose this statement could apply to both the parent post and the RIAA.)

    2. Re:I've got karma to burn... by thefirelane · · Score: 5, Funny

      ...so I'll take a chance and say this:
      Dear recording industry: Ha! Merry Fucking Christmas, motherfuckers!


      Posting such a controversial stance to Slashdot is admirable. I hope your Karma doesn't suffer from all the pro-RIAA moderators here

    3. Re:I've got karma to burn... by kaleposhobios · · Score: 2, Informative
      um, guys...

      Posting such a controversial stance to Slashdot is admirable. I hope your Karma doesn't suffer from all the pro-RIAA moderators here

      it was sarcasm...

    4. Re:I've got karma to burn... by BushCheney08 · · Score: 1

      it was sarcasm...

      Uh huh...Sure it was...

      --
      Be a real patriot: Question authority. Think for yourself. Formulate your own conclusions.
    5. Re:I've got karma to burn... by Anonymous Coward · · Score: 5, Funny
      Dear recording industry: Ha! Merry Fucking Christmas, motherfuckers!

      Not all of us celebrate the same way you do. Next time please say "Merry Fucking Holiday, motherfuckers!"

      Thank you.

    6. Re:I've got karma to burn... by Anonymous Coward · · Score: 0

      Not all of us celebrate the same way you do.

      Not all of us celebrate anything.

      Mournful end of year to you all.

    7. Re:I've got karma to burn... by Anonymous Coward · · Score: 0

      hahaha.. Pro RIAA?? On slashdot?? HAHAHA..

      you must be new here....

    8. Re:I've got karma to burn... by thelinuxevangelist · · Score: 1

      *** hkmwbz has been kicked from #earth by God (Who's exercising their karma now, bitch)

    9. Re:I've got karma to burn... by ghstomahawks · · Score: 1

      err ... but december 25th isn't holiday, it's christmas. While you can call this the "holiday" season, you can't call tomorrow anything but "fucking christmas" Not all of us are anal about holidays, its generally a display of good will. Your ass isn't

  7. why warner by earthstar · · Score: 1
    Music industry sources said the current probe appeared to center on whether the Big Four music studios -- Warner, Sony Corp's Sony BMG Music Entertainment, EMI Group ( and Vivendi's Universal Music -- colluded to set wholesale pricing for song downloads.

    Then why s warner alone subpoenaed?What about others?

    1. Re:why warner by darkmeridian · · Score: 4, Informative

      If I recall correctly, Warner has a significant marketshare and tends to be the "market leader". Also, it tried to fix prices on certain Three Tenors recordings. That might be why they're on a short leash. Surely, if the subpoenas lead to anything, others will also get supoenas.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    2. Re:why warner by earthstar · · Score: 1
      As the concert date approached, both companies became concerned that the new products would be neither as original nor as commercially appealing as products already available to consumers. In an effort to shield the new products from competition, Warner and PolyGram agreed not to discount and not to advertise certain of their catalog products for a limited period of time, the complaint says

      So they decided not to advertise about previous releases?Well,dont many companies do this?Only here,seems both of them decided together.& what competition are they talking about,when they own the rights.?

    3. Re:why warner by wfberg · · Score: 5, Interesting

      As the concert date approached, both companies became concerned that the new products would be neither as original nor as commercially appealing as products already available to consumers. In an effort to shield the new products from competition, Warner and PolyGram agreed not to discount and not to advertise certain of their catalog products for a limited period of time, the complaint says

      So they decided not to advertise about previous releases?Well,dont many companies do this?Only here,seems both of them decided together.& what competition are they talking about,when they own the rights.?


      1. Had there been actual competition, instead of a oligopoly of a few major labels, a decision to market older products less wouldn't have given the Three Tenors any competitive advantage, seeing as how 100 other record labels wouldn't hold back on the promotion.

      2. The record companies screwed all other artists that weren't the Three Tenors.

      3. Copyright is a (prohibition) right granted under the theory that allowing creators to benefit of their works stimulated them to make more works. If artists didn't get properly compensated, the reasoning goes, we would all be stuck with the same old tripe. In this case, the record companies clearly intended to delude the consumer into thinking, yes, the same old Three Tenor tripe is all that's out there to buy.
      4. Pooling two companies' promotion clout allowed them to come on top of the Three Tenor deal. Had they not colluded, they would have taken a loss, to the benefit of their competitors, and the market (the invisible hand should smack down on crappy business, should it not). Competitors that (hypothetically) would play fair wouldn't be able to recoup bad investments in the same way, they'd be SOL - cf. Standard Oil's pricedumping.

      So, they screwed the artists, the consumers, competitors, and the Constitution. Not a bad run.

      --
      SCO employee? Check out the bounty
    4. Re:why warner by Nom+du+Keyboard · · Score: 1
      Then why s warner alone subpoenaed?What about others?

      Cut one from the herd and pursuade them that if they cooperate that the

      Not too different than suing a few thousand filesharers in order to pursuade a few million others to settle.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    5. Re:why warner by Ohreally_factor · · Score: 1

      It might be because Warner actually has publicly made threaten noises about Apple bending to the will of the combined might of the recording industry. I tried googling for an article to refresh my memory, but I couldn't find it. I do remember reading about this, however, and my first thought was "price fixing collusion".

      --
      It's not offtopic, dumbass. It's orthogonal.
  8. Merry Christmas by Anonymous Coward · · Score: 0

    No better way to treat your favorite publishers than to sue them, right? At least that's what we were taught...

  9. Well, there is price fixing . . . by crimguy · · Score: 4, Interesting

    at the online music stores. My thought is that the music companies want this investigation, because they in fact want to sell music for more money, but are being prevented from doing so by yahoo, itms, etc. So, Spitzer might be working for them this time.

    1. Re:Well, there is price fixing . . . by Shoten · · Score: 5, Informative

      I think you don't understand what "price fixing" means, in terms of the Sherman Anti-Trust act. It doesn't mean that a vendor can't set their OWN price for something...how else would they operate? It means that multiple companies in an industry (that are competitors with each other) can't collude to agree on prices. The point is that if all of these companies get together and say, "Yeah, I won't give iTunes access to our music if you don't give them access to your music, and he doesn't either, except if they agree to our pricing model" then the competition between them is reduced to a cartel. As a result, a de facto monopoly results, which is bad for consumers.

      --

      For your security, this post has been encrypted with ROT-13, twice.
    2. Re:Well, there is price fixing . . . by Shoten · · Score: 0, Redundant

      I don't think you understand what "price fixing" means in terms of the Sherman Anti-Trust Act. Apple is allowed to hold their ground and negotiate a fixed price from Sony, BMG, et. al.; they are a single entity, and are allowed to set their own price for their own service (in this case, iTunes). What is NOT allowed is for Sony, BMG and other competitors to get together and say, "Okay, I won't give iTunes access to our catalog of songs if you don't give it to them either, unless they agree to our terms." The reason why this is illegal under Sherman is that such a situation forms a de facto monopoly...and an invisible one, as well...which in turn disrupts the benefits of a free-market economy. Trust me, nothing good can come of this for the record industry.

      --

      For your security, this post has been encrypted with ROT-13, twice.
    3. Re:Well, there is price fixing . . . by 2nd+Post! · · Score: 1

      If by price fixing you mean the iTMS negotiated a price that everyone else copied, then no, that's called market economics. If you mean price fixing when the different organizations collude and say, "The iTMS has too much power, let's all hold out on Apple until they agree to raise prices", then yes, they would be guilty of price fixing.

      Apple's success is not called price fixing, any more than the iPod's success SET the price for all competitive mp3 players; too expensive, and you aren't competitive. Too cheap, and you can't profit!

    4. Re:Well, there is price fixing . . . by twitter · · Score: 3, Interesting
      the music companies want this investigation, because they in fact want to sell music for more money

      If they get together, say so, agree on a price structure and then find ways to exclude competitors, they have committed a crime. This is what price fixing and anti-competitive practices are all about. Everyone pays so a select few can profit. Artists and others who would make a living in the industry pay more than anyone else.

      It's obvious that such a crime has been and continues to be committed. The cost of an electronic copy of costs more than the same with delivered by physical media. In a free market music can be had for a song. Those that would compete are locked out of traditional broadcast and physical distribution. They are also harassed at every point possible by lawsuits and bogus laws which make operations difficult and expensive. The world's three big music publishers seek to impose all the restrictions of physical media and 100 year old broadcast technology law onto the internet because they won't exist without them. The ultimate crime are laws seeking to "close the analog hole". It's nice to see some of the smaller crimes looked into, but a review of "price fixing" misses the big picture.

      Spitzer might be working for them this time.

      That depends on how deep he goes.

      --

      Friends don't help friends install M$ junk.

    5. Re:Well, there is price fixing . . . by crimguy · · Score: 1

      Being an attorney, I understand all too well what price fixing is, and I am very familiar with the SATA. Ultimately, it appears that the collusion on setting price lies at the feet of Apple and the music store vendors. The music industry has been clamoring for the ability to set different prices, and Apple has been resisting (I think their words were "the recording industry is greedy"). So, it's difficult to say the music companies are dictating the price as much as iTMS is. If they have been fixing their price, it is certainly arguable that they've been at the mercy of an inflexible sales model that forces their product to sell at the same price across the board. It'll be an interesting twist if the result of Spitzer's "investigation" is that he ends up turning on Apple. That is what BMG et. al want, isn't it? For music to be sold for as much as $2.99 a track?

    6. Re:Well, there is price fixing . . . by slughead · · Score: 1

      As a result, a de facto monopoly results, which is bad for consumers.

      Ah yes, bad for consumers. What's funny, I think, is that in places where there are no price fixing laws, the whole thing goes out the window.

      Anyone ever wonder why Japan's no longer the leader in CPU manufacture? They all price fixed in the late 80's/early 90's and dumped their chips on the market in an effort to kill the American competition.

      What ended up happening is they ran out of money, raised the prices expecting high returns, and were quickly destroyed by the new American chips that were way better because their companies were doing R&D and not price fixing.

      Price fixing and monopolies naturally go away in most instances. Especially with a luxury item like music, I really don't think it's necessary to have price fixing laws. I'm not one for selective enforcement. As a libertarian, I think if a law has to be selectively enforced to be fair, it's a bad law and should be done away with.

      In this instance I don't see how it "hurts" anyone that the record companies are colluding. It's no less fair than unions forming and certainly no more destructive. Arguably, unions, if too demanding, can kill a business. Price fixing, if too agressive, can destroy a whole group of companies.

      A Free Market means free to collude. If the music business wants to continue to price their product too high and destroy themselves, why not let them?

    7. Re:Well, there is price fixing . . . by shawb · · Score: 1

      The problem here isn't the record companies trying to change the pricepoint (after all, that is what supply and demand is all about) the problem is the alleged collusion to sway prices. The fact that all the major record labels are attempting to bully Apple into changin prices at about the same time is symptomatic of secret talks within the record industry, which is most definately illegal (similar to the way that insider trading is, because it gives the parties in collusion an unfair advantage.) It yet has to be proven that there were secret talks, and that is what this investigation hopes to prove or refute. It is also possible that A)the original contracts the record companies signed onto with Apple are about to expire and this is just a normal part of the negotiation cycle or B)Once one company made public their attempts to raise prices, the others followed suit in a completely legal manner.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
    8. Re:Well, there is price fixing . . . by JohnsonWax · · Score: 1

      I'm a consistent supporter of Apple, so let's just get that out in the open.

      What's going to be interesting is how the logic plays out on this. Initially, the labels don't appear to have colluded - Apple went to them. Apple can state what wholesale price they will accept will be - retailers do this all the time - especially WalMart. Since there effectively was no wholesale price for music - yes, some smaller labels, etc. then the iTMS price wasn't so much collusion as reaction to the only standard put forward - what Apple offered to pay. That, I believe, is totally legal. It may be strongarming, but it's not illegal. Now, that wholesale price appears to have been extended to other retailers, which is still all cool - charging all retailers the same amount is okay once the price has been set.

      There are two places where this could be problematic. The renegotiating with Apple, stated in TFA, where we have heard at least two labels are pushing for essentially the same tired pricing. That could be an intent to price fix - especially if they are pressuring other labels to join or boycott Apple or other retailers.

      The other place is ringtone pricing which I understand labels have a different unified wholesale price for. Since these are essentially the same product in slightly different contexts, it could be part of the investigation as well.

    9. Re:Well, there is price fixing . . . by Ohreally_factor · · Score: 1

      The collusion needn't be secret, although because it is illegal it usually is.

      Also, I think crimguy needs to do a little research in an area of law which is obviously outside his area of expertise. The idea that a single entity can collude on anything by itself is ridiculous. The idea that Apple has had negotiations with other online music vendors to set prices is also ridiculous. There is not even a whisper that Apple has done this. If anything, Apple has been criticized by other vendors who think the price should be higher or are unhappy with Apple's business model (very thin margins on iTMS, 25% margins on the hardware). On the other hand, the recording industry already has a track record of price fixing, payola, and other dirty deeds.

      Apple has "set" the price because it's the market leader in paid music downloads. If Napster was the leader, its price (or perhaps its subscription model) would set the standard.

      --
      It's not offtopic, dumbass. It's orthogonal.
    10. Re:Well, there is price fixing . . . by Ohreally_factor · · Score: 1

      I disagree (somewhat) with your comparison. CPUs are not unique, while any particular song is (or should be in theory!) unique.

      However, I suspect that you have a good point about price fixing ultimately driving the colluding businesses out of business. The recording industry has been in a slump that predates the p2p phenomenon. They've been under increasing pressure not so much from p2p but from competing forms of entertainment (and thus disposable income). Video games comes to mind. I suspect that the growth in the video game market closely matches the decline in CD sales.

      --
      It's not offtopic, dumbass. It's orthogonal.
    11. Re:Well, there is price fixing . . . by Ohreally_factor · · Score: 1

      That could be an intent to price fix - especially if they are pressuring other labels to join or boycott Apple or other retailers.

      You've hit the nail on the head. I believe Bronfman, head of Warner, has already intimated that Apple would have to submit or risk the big players in the recording industry shutting them out.

      The other place is ringtone pricing which I understand labels have a different unified wholesale price for. Since these are essentially the same product in slightly different contexts, it could be part of the investigation as well.

      The difference in context (and usage) is rather large, large enough for them to be very different products. Ringtones fulfill a completely different function and are consumed in a very different way than "regular" music. I myself think that paying $2.99 - $4.99 for a ringtone is ludicrous, but I understand in theory why others are willing to pay that much.

      --
      It's not offtopic, dumbass. It's orthogonal.
  10. Man I'll miss Spitzer when he becomes gov(NY)... by izx · · Score: 5, Insightful

    Arguably he's done it to boost the public's impression of him, but at least he's done something real good to do it unlike latching on to divisive issues. He's punished so many crooked corps: Wall Street, insurance, payola, and now the music companies again. Here's a profile: Wikipedia Profile The consumers will lose a great public advocate when he goes on to become Governor (although one hopes he'll use his clout there to do even more reform.)

  11. Re:Spitzer is looking for publicity by Anonymous Coward · · Score: 2, Interesting

    Ahhh yes. Totally clueless. That must be why he has such a good record. It's so easy to convince judges and juries when you don't know what you're doing.

  12. Spitzer has been doing this for a while now by goombah99 · · Score: 2, Informative

    The L.A. Times is reporting that Warner Music Group disclosed that "As part of an industrywide investigation concerning pricing of digital music downloads, we received a subpoena from Atty. Gen. Spitzer's office..,". N.Y atty. Gen Eliot Spitzer, fresh from multi-million dollar settlements in the radio payola law suits against the industry giants, is now examining if there is collusion on the wholesale price of digital music. Spitzer is also at the heart of the recent 50 million dollar lawsuit by the Beatles against EMI. It's hard to say if this helps or hurt's Apples case for a 99cent price cap on downloads.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  13. price fixing? by pintomp3 · · Score: 3, Informative

    wouldn't be the first time http://www.usatoday.com/life/music/news/2002-09-30 -cd-settlement_x.htm I remember a case back in the late 90's where I got a small check.

    1. Re:price fixing? by Overly+Critical+Guy · · Score: 0

      From the article:

      It is unclear whether the investigation is related to a recent push by music companies for variable pricing in digital downloads.

      It's really interesting to me that Sony and Warner were the first served with subpoenas, though others apparently will be sent to other labels in the future. Warner has been the most vocal about variable pricing, and Sony has outright been refusing to cooperate with Apple in countries like Japan (to their peril...iTunes is now at 60% share and climbing).

      Variable pricing will be stupid. Labels already make a higher percentage of money on digital downloads than CD sales, and they want more--and it's a guarantee that you won't be songs less than .99. It'd be .99 and up. They want to charge $2.00 a song as with cell phone ringtones (God bless the morons buying ringtones for two bucks apiece). Users will just go back to pirating and ripping CDs. Steve Jobs doesn't care, because people will still be using iPods to store it all. The iTunes Music Store was a nice favor to the record industry to give people legal rips to put on their iPods.

      --
      "Sufferin' succotash."
  14. Self-interests? by DocStoner · · Score: 2, Funny

    Maybe he really doesn't care about the little guy. Maybe he spent too much on the family this year for Xmas, owes his bookie or maybe he's just looking for some extra cash. He could just be doing this to get a secret payoff. The case will suddenly disappear. He won't find anything worth charges, just some suspicious/questionable items,enough for some hush money.

    BTW, I got to open one of my Xmas presents early. The wife and kids made me a brand new tin-foil hat.

  15. Re:Spitzer is looking for publicity by Anonymous Coward · · Score: 0

    He's not standing up for anyone but his campaign!!! He is going on a fishing expedition, nothing else... I can't wait until a grand jury starts an investigation on him

  16. I don't believe in music downloads by Anonymous Coward · · Score: 5, Funny

    there's no mention of this in the bible, music downloads are just a theory of atheist scientists

    1. Re:I don't believe in music downloads by onetwentyone · · Score: 1
      What are you talking about? According to the Book of Job 12:3-12:6 -
      And He said unto those of the connections to He shall information be transferred from. The people, so close to illegal methods, cast down they're false idols and awaited His method. He said "Ninety nine cents shall be the market call. No more, no less."
      See, divine proof the bible supports music downloads.
    2. Re:I don't believe in music downloads by Geoffreyerffoeg · · Score: 1

      there's no mention of this in the bible

      Ever heard of "Make a joyful noise unto the Lord, all ye lands?"

      If you're going to be a Bible troll, at least get your facts straight.

    3. Re:I don't believe in music downloads by Anonymous Coward · · Score: 0

      I had no idea that the Bible had spelling and grammatical errors.

    4. Re:I don't believe in music downloads by Anonymous Coward · · Score: 1, Insightful

      Oh, it's loaded with factual errors too!

      Genesis, "The gods (ELOHIM) said" version of the creation myth: birds made days before man
      Genesis, The Eden creation myth: Adam names the birds as they are created by God (YHWH)

      Not only do we have multiple incompatible orders of creation, but we have disagreement on something as basic as whether there is one god or multiple. But don't worry, the bible is still a great guide for living a moral life. In fact, it can be interpreted to make just about any act a moral one. Nazis killed Jews because Jews killed Jesus (This does not invoke Godwin's law, as the original Godwin's law requires comparing your opponent to Hitler or a Nazi. I am using Nazis to disprove the idea that "actions based on the bible are inherently moral")

  17. FTC Site by earthstar · · Score: 2, Interesting
    Snapshot:
    According to the FTC complaint detailing the charges, in 1997, Warner and PolyGram (predecessor to Vivendi Universal), two of the largest music distribution companies in the world, formed a joint venture to distribute compact discs, cassettes, videocassettes, and videodiscs to be derived from the next public performance of The Three Tenors. Warner would distribute the 1998 releases in the United States, and PolyGram would distribute the 1998 releases outside of the United States. As the concert date approached, both companies became concerned that the new products would be neither as original nor as commercially appealing as products already available to consumers. In an effort to shield the new products from competition, Warner and PolyGram agreed not to discount and not to advertise certain of their catalog products for a limited period of time, the complaint says. The FTC alleges that the agreement violated federal law

    http://www.ftc.gov/opa/2001/07/tenors.htm

  18. Like that other time they got caught price fixing? by Anonymous Coward · · Score: 5, Insightful

    You know, the one where they got fined and then CDs still cost the exact fucking same?

  19. Who does he really work for.. by segfault_0 · · Score: 2, Insightful

    Might want to ask yourself who Spitzer works for, new yorkers or the record companies. Have you noticed a pricing change in CDs since his initial win? I havent - they still cost way too much. A few million bucks is nothing to these people, i say they are getting off way too cheap and then can hide behind these weak settlements if the questions ever come up again. If i was a record company i would be overjoyed to see this guy coming. So what benefit does attention to online music pricing give to record companies; Steve Jobs doesnt want to change itunes prices - be funny if he was ordered to in court wouldnt it...

    --

    I was crazy back when being crazy really meant something. (Charles Manson)
    1. Re:Who does he really work for.. by Anonymous Coward · · Score: 0

      If Spitzer is trying to enforce state law, then more power to him. Typically though, when a state sues a private company, it's just a money grab. Take for instance the tobacco lawsuits. The States argued that tobacco consumers were addicted and though were aware of the health risks of tobacco, weren't presented with a fair chance to quit. These health risks were causing unfair Medicare expenses and therefore the tobacco companies were ordered to pay a quarter trillion dollars to the States.

      Well, these state Attorney Generals were smart enough to figure out that tobacco was addictive, so there's no question in my mind that they intentionally 'forgot' to impose price increase restrictions on the tobacco companies (to prevent them from passing on the punishment to the addicted consumers).

      So, the end result is that the tobacco companies were never actually punished, and the original issue of addiction was never addressed. Keeping in mind that these lawsuits, public or private, were never successful until it was proven that nicotine was addictive. The States essentially punished those addicted and harmed consumers and left the tobacco companies unharmed.

      If there's anyway the State of New York can sue these companies, without actually punishing them, they will.

    2. Re:Who does he really work for.. by HardCase · · Score: 1

      Might want to ask yourself who Spitzer works for, new yorkers or the record companies.

      Spitzer works for himself. When he started his crusading, it seemed like he was a beacon of light for the consumer, but it's pretty clear that his political ambitions are the driving force behind his actions now.

      -h-

    3. Re:Who does he really work for.. by ZachPruckowski · · Score: 3, Insightful

      I don't care if the cat is black or white as long as it catches mice.

      If Spitzer is doing this for his own good, for the good of the consumers, or just because he felt like suing someone, he is doing a good thing.

    4. Re:Who does he really work for.. by HardCase · · Score: 1

      I don't care if the cat is black or white as long as it catches mice.

      Ahh, but you should care - Spitzer has also left a nasty trail of ruined careers and financial losses in some of his misguided crusades. The ends don't justify the means - if they did, then nobody on /. would have any problems with the PATRIOT Act.

      -h-

    5. Re:Who does he really work for.. by Scudsucker · · Score: 1

      Spitzer has also left a nasty trail of ruined careers and financial losses in some of his misguided crusades.

      And which ones would those be?

    6. Re:Who does he really work for.. by HardCase · · Score: 1

      And which ones would those be?

      If you really want to know...poke around Google yourself.

  20. Re:Like that other time they got caught price fixi by ScrewMaster · · Score: 1

    Not at all ... they all just happened to set the exact same prices at the same time. Purely coincidental, you know.

    --
    The higher the technology, the sharper that two-edged sword.
  21. Google.. by earthstar · · Score: 1
    http://www.ftc.gov/opa/2001/07/tenors.htm
    Warner, a subsidiary of AOL Time Warner Inc., is based in New York. The other firms charged in the complaint are subsidiaries of Vivendi Universal S.A., a French corporation. Vivendi Universal is the successor corporation to PolyGram following a December 2000 merger.

    Anyone read Google here?

  22. My views on him are mixed. by Anonymous Coward · · Score: 5, Insightful

    It's difficult to not admire the tenacity and inginuity with which he pursues these people. But it's also difficult to make the case that they are punished in proportion to their transgressions. Steal hundreds of millions, but you'll have to give millions back. Where is the disincentive? Collude to steal billions, and be forced to offer rebates that customers won't take wide spread advantage of because we've got to make it convienent for the criminals. These people who do economic harm on this scale, they need to lose everything and spend everyday of the rest of their lives in a very deep, dark, lonely, empty hole. That's disincentive. But to think, we live in an age when half-measures from politicians are genuinly deserving of praise. It's sad.

    1. Re:My views on him are mixed. by TubeSteak · · Score: 1
      they need to lose everything and spend everyday of the rest of their lives in a very deep, dark, lonely, empty hole. That's disincentive.
      No, that's Gollum.

      And he got a shiny gold ring out of it.
      --
      [Fuck Beta]
      o0t!
  23. ID at work by Auraiken · · Score: 3, Funny

    My god! A new meme has spawned! Er... i mean it was designed... intelligently.

  24. and all I got was a coupon by E8086 · · Score: 1

    And if they are convicted/found guilty of price fixing the lawyers and gov will get the bulk of any monetary settlement and we as the end consumers will probably end up with a coupon for $5 or $0.50 off the purchase to any of their already over priced CDs, either way they get your money. It's time for some creative sentencing, the price should be lowered by the difference between their fixed price and the market value. 99c has been the market value since the creation of iTunes, they wanted to fix prices at $2.50, the prices should be set to -$1.51. Or a coupon to buy a $125 or $75 iTunes gift card for $50. Gift cards are the same as cash with ebay.

    --
    F7 doesn't work, ignore spelling and grammar
  25. Re:Spitzer is looking for publicity by Ph33r+th3+g(O)at · · Score: 1

    Like I said, I don't care about his motivations -- he's getting attention drawn to the abuses as well as results in court. If I were a New Yorker, I'd vote for him in a minute. At least he's not the typical government official slavishly trying to serve big business.

    --
    I too have felt the cold finger of injustice.
  26. Wow... wow... wow.. by Stan+Vassilev · · Score: 3, Insightful

    ... wow. While I'm ok with this partilcular lawsuit, when's the last time you woke up and check the news and didn't see few new gigantic lawsuits happening every damn day?

    Is it just me, or we have waaay too much lawsuits going on here. I mean, lawsuits are supposed to be the exception, and the regulator is supposed to be the law with the help of a possibility for lawsuit.

    Today, we just have a bunch of lawsuits from people raping the system, and no benefits. For how long can the system sustain this?

    You know this is millions of people giving part of their wage for lawyer/lawsuit expenses. You have to work more and get less, so that all those lawsuits can happen. Directly or indirectly.

    God damn it everything is so wrong.

    **head explodes**

    1. Re:Wow... wow... wow.. by thesandtiger · · Score: 2, Interesting

      Ideally, suits should be the exception, not the rule, as you say.

      The problem is, lawsuits are a financially better alternative than following the rules for everyone but the consumer.

      Until penalties for breaking the rules are made worse than the cost of a lawsuit, companies will break the rules - they look at fines as the price of getting to break the law. Engage in any unethical and illegal behavior you want - make a billion dollars, get fined at most a few million.

      And then we have class action lawsuits. Ideally, those should be undertaken when there is real harm done to individuals, but now we have scumbags who see them as the royal road to riches and encourage people to sue because their coffee was too cold, or because someone said "Happy Holidays" instead of "Merry Christmas" or a clerk at a Wal-Mart looked at them funny.

      Penalties need to be made 100x worse to corporations. Executives responsible for illegal behavior need to go to prison as a rule, not as a rare example. Class action suits should be handled by the AG's office, not by opportunistic private attorneys who recruit people to join their bullshit class action suits.

      Business is able to rape and pillage with impunity - I say put the fear of god into the executives. CEO wants to make tens and hundreds of millions of dollars? Fine - as long as they do so legally - and can't use that money to shield themselves when they overreach.

      Now, I like the idea of a free market, but there do need to be some limits or else we wind up with corporate tyranny. Ideally, government and business should balance each other out and let the rest of us get on with our lives without having to fear either one.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
  27. He is an asshole working only for himself by Anonymous Coward · · Score: 0

    Spitzer is an asshole and this is nothing more than another publicity stunt to get his name in the papers again. See this from the WSJ: "Scary By JOHN C. WHITEHEAD December 22, 2005; Page A14 Last April, The Wall Street Journal published an op-ed piece by me titled "Mr. Spitzer Has Gone Too Far." In it I expressed my belief that in America, everyone -- including Hank Greenberg -- is innocent until proven guilty. "Something has gone seriously awry," I wrote, "when a state attorney general can go on television and charge one of America's best CEOs and most generous philanthropists with fraud before any charges have been brought, before the possible defendant has even had a chance to know what he personally is alleged to have done, and while the investigation is still under way." Since there have been rumors in the media as to what happened next, I feel I must now set the record straight. After reading my op-ed piece, Mr. Spitzer tried to phone me. I was traveling in Texas but he reached me early in the afternoon. After asking me one or two questions about where I got my facts, he came right to the point. I was so shocked that I wrote it all down right away so I would be sure to remember it exactly as he said it. This is what he said: "Mr. Whitehead, it's now a war between us and you've fired the first shot. I will be coming after you. You will pay the price. This is only the beginning and you will pay dearly for what you have done. You will wish you had never written that letter." I tried to interrupt to say he was doing to me exactly what he'd been doing to others, but he wouldn't be interrupted. He went on in the same vein for several more sentences and then abruptly hung up. I was astounded. No one had ever talked to me like that before. It was a little scary. It's up to others to make their own conclusions. I have only set out here what happened. Mr. Whitehead, former chairman of Goldman Sachs, is chairman of the Lower Manhattan Development Corp."

    1. Re:He is an asshole working only for himself by Saeed+al-Sahaf · · Score: 1
      See this from the WSJ...

      Oh yeah, look to The Wall Street Journal to tell us the truth when it comes to Consumer rights, after all they the number one Consumer advocate (wink)...

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  28. EFF useful? by tepples · · Score: 1
    1. Re:EFF useful? by jZnat · · Score: 1

      Every time someone mentions the EFF early on in the story, someone goes and mentions that article about them losing their usefulness. Then we argue about it. This is a new application of Godwin's Law.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
  29. The real price should be 0 by argoff · · Score: 2, Interesting

    The future isn't in people charging for things like content, it is for people charging for things like service. For some sectors that offer service value (like Linux) that is good - for other sectors (like music and movies) - that have littlemore than entertainment value, that is bad. And as for those who rely on a content revenue stream now, they are DOA. It's sorta unfair, because everyone crys kneejerk tears for all the "poor" folks in the content industries, but doesn't even give a ratts ass about all the billions who are economically inhibited by the "infrastructure of control" that copyrignt imposition requires.

    essay: Straight Talk About Copyrights

    1. Re:The real price should be 0 by fermion · · Score: 1
      The future isn't in people charging for things like content, it is for people charging for things like service
      What do you think the music industry is providing? Services of course! They artist write and perform. The studios record. The labels distribute. The point is that there is no product. Entertainment is solely a service. This is why the cost is so low. There are fixed costs, like equipment to buy, and training to be had, but the variables costs tend to be very low

      So the question is how much is this service worth. One could pay an artists to come to your house for a recording session, or one could simply perform the music oneself, but clearly there is demand for prerecorded music. As you state, people should charge for service. Consumers do have a choice of what services to purchase, but even if service has already been rendered, there is often an obligation to pay.

      OTOH, all these lawsuits are counter productive. The industry tried to screw itself over with radio, almost screwed itself over with MTV, and is doing a pretty good job screwing itself with internet and satillite distribution. A few dollar compulsary license charge on internet access would not be out of to cover the cost of provided services. Given the reality of college, a few dollar per student compulsary liscense charge is not unreasonable for universities.

      Beyond all this, the grim reality is that the people provided the service are going to see reduced income from the investments. If we all have music on our computers, to transfer as we wish, we are going to see fewer cases of consumer purchasing the same track several time during thier lives. Boxed sets are going to become less valuable. Therefore, a new compromise of the value of the service has to be reached, and this is what much of the wrangling is about. I mean look how much Michael Jackson is making off the Beatles music. Do you think that any contempoary artist is going to have a library that valuable, given that most of the content can be had on demand for little or no cost.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    2. Re:The real price should be 0 by argoff · · Score: 1

      Giving a concert to thousands and thousands of people is a service, controlling content distrubition on millions and millions of internet hosts to preserve a media distribution revenue stream - is not offering a service, even though it is technicaly part of the white collar service sector. The content industries are not only overvalued, they are WAY overvalued. In fact, if every one of them were kidnapped by space alians and brought to a different galaxy, our economy probably wouldn't even notice. Our rents would still be the same, our groceries would still be distributed and wholesale costs, our work efficiency would likely remain untouched. On the other hand, try doing that with the internet industry - and society would take an immedaite milti-trillion dollar economic productivity hit.

      Also, my honest opinion is thet I don't think that artists will suffer all that much if the copyright system dies because only 1% 1% ever make money from big copyright deals anyhow, and while the total revenue to the media industry would probably collapse - they are so top heavy that the average going to an artist would likely increase. The real deal is that people just need to stop having faith in the copyright system, it may have been well intentioned, but in practice it is crap.

    3. Re:The real price should be 0 by hackstraw · · Score: 1

      For some sectors that offer service value (like Linux) that is good - for other sectors (like music and movies) - that have littlemore than entertainment value, that is bad.

      Sociologists have been talking about for a while how how we are/have shifted from the industrial age to the information age, and that we are going away from "goods" to "services". Goods are automated. Services provide the distribution of the goods along with the distribution of information.

      The only strange thing about all of this, is how fragile is this change?

      Money is no longer real. Its simply printed and/or blipped on computers. It is not backed by gold or silver like it used to be. The money holders (banks) hold less and charge people for giving it away (service) and they don't even own anything besides nice buildings (although that is changing). Its pretty much a crime to own a decent amount of cash money for some reason.

      IBM and Sun have been talking for quite some time about the "service" model. RedHat has pretty much gone to the service model.

      The only thing that seems to be lacking is good customer service.

  30. Re:Man I'll miss Spitzer when he becomes gov(NY).. by Starker_Kull · · Score: 3, Informative

    While I like some of the things he has done, he also can be a grade-A asshole. He decided that AIG, the Starr Foundation, Hank Greenburg, and a few others responsible for building up AIG over the last 40 years were criminals, and so prosecuted them to get evidence for his suspicions.... and he is still looking for that pesky evidence, and gosh darnit, he hasn't found it yet. AIG has restated their earnings for the last 5 years (which is a massively big deal, for those of you who don't know), and in doing so, changed their estimated net worth from about 81 billion to 79 billion. Whooo-fucking-hooo. He is now trying to investigate transactions made between AIG and the Starr Foundation going back to 1967 in order to find something to justify the ruining of the lives of lots of people at those companies.

    Don't get me wrong - I hate abuses by large corporations, and I think he has done many good things to protect consumers. But he has a large ego, and doesn't know when to quit. I think he was hoping AIG was the next Enron, and when it turned out it wasn't even close, he got vicious and couldn't let it go, despite the fact he is hurting a lot of innocent people in the process. Of course, I am a bit biased, since I personally know some of the people whose careers he has ruined and finances he has messed up.

    He's better than many, but he ain't no saint.

  31. Yeah, perfect way to solve the problem.. hah...er. by Polarism · · Score: 4, Funny

    Let's stuff a bunch of bullshit into an already bullshit-clogged legal system.

    Seriously, the only way our problems with the recording industry are going to be solved is if they change their business model to reflect the 21st century. Until then, it'll just be the same old shit over and over again. Our legal system is warped beyond belief, so it's not going to help anyone here.

    --
    All your base are belong to Google.
  32. It's all fun and games... by HangingChad · · Score: 2, Interesting
    ...until the Attorney General shows up.

    I wonder why, considering we have more than one state, that it's always New York taking the lead to try and give consumers an even break? He went after the mutual fund timing trades, record company payolla, and now more record company misbehavior. California also went after Edward Jones. California and New York the only states sticking up for consumers instead of standing by and watching consumers get the sticking.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:It's all fun and games... by The+Warlock · · Score: 3, Insightful

      Because Elliot Spitzer has ambition to higher office (where he'll certainly get my vote), whereas other states' attorneys general are content with sitting on their asses?

      Just a theory.

      --
      I've upped my standards, so up yours.
    2. Re:It's all fun and games... by evilviper · · Score: 1
      California and New York the only states sticking up for consumers instead of standing by and watching consumers get the sticking.

      Pure coincidence that those are the two largest and most firmly in the "blue" (Democrat) states in the US?

      [Not trolling, just the facts.]
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:It's all fun and games... by Ohreally_factor · · Score: 1

      Don't forget Texas Attorney General Greg Abbott! He was the first to file suit against Sony BMG for the Spyware/DRM thing.

      I really think we need to stop bashing Texas and give them a little respect. Maybe if we're nicer to Texas, they'll stop sending us Bushes.

      --
      It's not offtopic, dumbass. It's orthogonal.
  33. Let them sort it out by houghi · · Score: 1, Insightful

    Where are the people who normaly say that there should be no governement control and that the market will decide what to do?

    Hope you understand why governement involvement is needed.

    --
    Don't fight for your country, if your country does not fight for you.
    1. Re:Let them sort it out by Wylfing · · Score: 2, Interesting
      Where are the people who normaly say that there should be no governement control and that the market will decide what to do?

      Hope you understand why governement involvement is needed.

      I am not one of the people to whom you refer, but your statement is kind of stupid, and so I object merely on anti-stupid grounds. These corporations have their power because government gave it to them: both copyright and corporate existence itself are legal fabrications imposed on the free market by the government. If we take away both of these things, the government would have little reason to step in and "rescue" the public from price fixing, because the problem wouldn't exist in the first place.

      --
      Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
    2. Re:Let them sort it out by Anonymous Coward · · Score: 0

      Are you implying that copyrights are bad? That's risky ground to be taking as you eliminate probably the largest source of motivation for innovation. Whether or not it can be abused is another story.

  34. Who'd have thunk of this interesting development? by openfrog · · Score: 3, Insightful

    Everyone of us!

    This is what we have said all along: "Reasonably priced (according to cost, not to traditional prices and unencumbered by nasty DRM schemes, we are willing to pay for music"

    If this indictment goes forward, it might give honest distributors the occasion to prove the point. The cost of downloading a song on the Internet is pennies. Even considering a decent profit, a reasonable pricing will do wonders to discourage pirating. The value is there for the consumer and the business model is simple.

    The message of this is: stop suing your consumers or your consumers will beging to sue you back!

  35. Oh well by Anonymous Coward · · Score: 1, Insightful

    This only affects those of us who choose to pay for music. :V

  36. Re:Spitzer is looking for publicity by utlemming · · Score: 3, Informative

    Very true. Even if you are one of the cynics and are stating that he is doing this to get younger votes, he probably is starting to really tick off Sony BMG. Afterall, he filed a class action lawsuit over the Sony Rootkit fiasco, and now he is looking into price fixing. Makes you wonder why he is out to get them, but it sure is nice to see a politician finally going after these guys. And the fact Sony BMG is squarely in his sights is really nice. If I was an exec over at Sony I would start looking at finding out when his term is up, and start looking at funding a potential person to run against him -- get him out of office, or get someone in Albany to cut his budget or something so that he couldn't pursue it. But I am all for it. I am really glad to see that states AG's are starting to treat RIAA like the scum they are.

    --
    The views expressed are mine own and do not express the views of my employer.
  37. Pr0n by Anonymous Coward · · Score: 0

    The music industry should take a lesson from the porn industry. We give away full access to our content @ 39.95 a month. We have over 1.2TB of downloadable contant, with a 500 gig cap per day on our users. The can download the wmv's/avi's/asf's/etc burn it to dvd and spank it on their plasma tv if they like... our videos are pirated constantly (more than music) and we still enjoy an amazing revenue stream. We purposely stay away from DRM & other technologies... how many times can you spank it to a single milfhunter video before needing something else to satisfy you? Its advertising, and does well... Hail pr0n!

  38. Eliot Spitzer... by doormat · · Score: 1

    is the fucking man. This man should be President.

    --
    The Doormat

    If you're not outraged, then you're not paying attention.
  39. Re:Who'd have thunk of this interesting developmen by platypussrex · · Score: 2, Informative

    The cost of downloading a song on the Internet is pennies

    but the cost of processing the transaction is not nearly as cheap. Google for terms such as micropayment and you'll see what I mean. This is one of the biggest challanges to cheaper pricing in general.

  40. I've said it before, and I'll say it again. by merc · · Score: 3, Insightful

    I've solved the problem on my end.

    I don't buy music anymore.

    I can live without it -- the real question is, can they live without my money? The answer to that one is probably also "yes", but that's okay. I'm not out to destroy them, I just don't want to be a supporter of their industry anymore.

    --
    It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
    1. Re:I've said it before, and I'll say it again. by dpreston · · Score: 2, Interesting

      For those of us music enthusiasts: Do you still listen to new music? or have you decided that 'what I have is good enough forever'?

      Personally, I can't get enough new music. Most of it is independent (which is great), but many of them end up signing with larger labels that I must purchase from. The music industry is not going to change their ways with a few abstaining "informed citizens" (what a novel idea). The problem is, the music industry needs to shave off the top few layers of the money pyramid. Then, we may have ...gasp... REAL COMPETITION! We could possibly see such artists as "decent ones" and "true musicians" succeed, not from advertising, but by music enthusiasts themselves.

      I don't believe the problem lies within the music industry itself. This is a needed social change. Big Business has become a privileged interest group, something that the founders of our (U.S.) country specifically legislated AGAINST. This is not collusion in a few oligopolies; this is collusion on a fundamental and governmental level.

      How to solve the problem? Use the remnants of our Constitution and attempt for change.

  41. I feel like singing!! by cnerd2025 · · Score: 3, Funny

    So here goes
    For a show called, "10 types of people"

    Start spreading the news.
    I'm leaving today!
    I want to be a part of it,
    New York, New York!
    I want to wake up
    In a city that doesn't sleep!
    I'm a consumer with rights
    I want my fair price!
    And no price fix-iiing!

    No DRM crap
    For me in New York
    I really love that Eliot
    Spitzer, Spitzer!
    Oh Mr. Spitzer,
    Please remove that Sony Rootkit!
    And give my music to ME
    Without some greedy
    Hollywood scheeeeeme!

    In Manhattan and Queens
    And Bronx if I dare
    My iPod has cheap music
    Bought in New York
    We told that Warner
    To stop screwing the litttttle guy!
    "You have to set a fair price!
    No fixing or die,"
    Said Spitzer, Amen!

    Eliot Spitzer
    We love you so much
    New York is fair and balanced
    Because of yooooou!
    We want to thank you
    For protecting consumer rights
    We really love you a lot
    In-a straight kinda way
    We're really not gay!

  42. One hand washing the other... by argent · · Score: 2, Insightful

    Without the DMCA and other strong copyright and licensing regulation there wouldn't be any point to the kind of DRM in the "Sony Rootkit", or Windows Media Player 9 and later, or Palladium, because there wouldn't have been any laws criminalizing reverse engineering. You'd buy the CD and pick up the patch to Windows to disable the DRM at the checkout counter.

    This kind of after-the-fact bandaid on a few of the worst excesses of government interference in the market is hardly proof that the government needs to be involved.

  43. Unofficial translation by Lead+Butthead · · Score: 4, Funny
    ... we received a subpoena from Atty. Gen. Spitzer's office ... We are cooperating fully with the inquiry.
    Translation: We're busy shredding incriminating documents at the moment.
    --
    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:Unofficial translation by cnerd2025 · · Score: 2, Funny

      In other news, Arthur Anderson, Inc. has been heard shouting, "Yes! Yes! We have a new contract!!!"

  44. Usefulness of Recording and Distribution Organizat by bigpicture · · Score: 2, Insightful

    The music recording and distribution companies have come to the end of their usefulness. They are like dinosaurs in the space age.

    Because recording and distribution has now been commoditized by the internet, there is no need for a "Recording and Distribution" specialized commercial function between the music artists and their fans and customers.

    Don't you think that the recording industry sees that reality, and when anything is fighting for it's life, like the music Recording Industry is, there are "no holds barred". But that won't stop nature taking its course, extinction and replacement with something more suited is always inevitable.

  45. Spitzer is a loose cannon by kalel666 · · Score: 3, Informative

    Drunk on the power of his office, and vindictive. Here's a nice little interaction he had with a former chairman of Goldman Sachs:

    Last April, The Wall Street Journal published an op-ed piece by me titled "Mr. Spitzer Has Gone Too Far." In it I expressed my belief that in America, everyone -- including Hank Greenberg -- is innocent until proven guilty. "Something has gone seriously awry," I wrote, "when a state attorney general can go on television and charge one of America's best CEOs and most generous philanthropists with fraud before any charges have been brought, before the possible defendant has even had a chance to know what he personally is alleged to have done, and while the investigation is still under way."

    Since there have been rumors in the media as to what happened next, I feel I must now set the record straight. After reading my op-ed piece, Mr. Spitzer tried to phone me. I was traveling in Texas but he reached me early in the afternoon. After asking me one or two questions about where I got my facts, he came right to the point. I was so shocked that I wrote it all down right away so I would be sure to remember it exactly as he said it. This is what he said:

    "Mr. Whitehead, it's now a war between us and you've fired the first shot. I will be coming after you. You will pay the price. This is only the beginning and you will pay dearly for what you have done. You will wish you had never written that letter."

    I tried to interrupt to say he was doing to me exactly what he'd been doing to others, but he wouldn't be interrupted. He went on in the same vein for several more sentences and then abruptly hung up. I was astounded. No one had ever talked to me like that before. It was a little scary.

    It's up to others to make their own conclusions. I have only set out here what happened.

    Mr. Whitehead, former chairman of Goldman Sachs, is chairman of the Lower Manhattan Development Corp.

    --
    I HAVE CUBIC WISDOM THAT TRANSCENDS AND CONTRADICTS ONE DAY GODS
    1. Re:Spitzer is a loose cannon by winwar · · Score: 1

      Frankly he sounds like a typical prosecutor. Remember, they only prosecute people they BELIEVE are guilty. This is quite different from the judicial SYSTEM assuming innocence. It isn't the job of a prosecutor (or defense lawyer for that matter) to be impartial-only the judge and jury.

  46. Why pricefix? by rsilvergun · · Score: 1

    when you can do what the insurance companies do and just report your upcomming rates to everyone. Then everyone can raise their prices at the same time, nice and legal.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Why pricefix? by Anonymous Coward · · Score: 0

      ...because then some tricky bastard will undercut you and sell far more?

  47. A Genuine Question... by Sr.+Pato · · Score: 1

    Anyone care to explain what this whole "Price Fixing" thing is? Seriously. From the way I see it (maybe I don't completely understand the concept), shouldn't a company be allowed to choose what price they want to sell their product for?

    --
    Nobody's gay for Mole-Man. :-(
    1. Re:A Genuine Question... by wes33 · · Score: 1

      simplest answer: that would not be a free market, since free markets depend upon competition driven by consumer choice.

      But maybe you were asking why we endorse the idea of a free market? Price fixing comes in two forms, very crudely: communism and corporate fascism. Which are you suggesting we adopt in place of the (difficult) effort to maintain a free market in the music business and elsewhere?

    2. Re:A Genuine Question... by sabat · · Score: 2, Informative

      It's one thing to set your own prices. This works in an open market because other people can come along and offer a better price (if your price is too high).

      But when there are limited players (a small handful of sellers, like in the record industry) and they collude to set their prices higher, that's illegal -- and it breaks the marketplace.

      Of course, what ultimately fixes the whole situation is better competition, and that's coming. Musicians don't really need traditional publishing and distribution anymore. Once the practice of developing a fanbase and breaking bigtime really takes off, the dinosaurs will die. And they know it, btw.

      --
      I, for one, welcome our new Antichrist overlord.
    3. Re:A Genuine Question... by Sr.+Pato · · Score: 1

      I'm not suggesting anything, including anything with regards to what kind of market is endorsed. I was asking what the problem with "Price Fixing" is, because (the way I understand it), "Price Fixing" is a company setting the price for their product, which is what companies do anyways (?). I mean, sure, prices are competitive and market-driven, but that's because they want to save their asses and not be outdone by another company and therefore lose market-share. But if a company is stupid enough to try and sell you Q-Tips for $1000 each, then, can't people just... not buy it?

      --
      Nobody's gay for Mole-Man. :-(
    4. Re:A Genuine Question... by Sr.+Pato · · Score: 1

      So if Microsoft, Sony, and Nintendo collude to make their consoles cost $1000 each and games cost a minimum of $150, that would be illegal? I still don't understand how that's any different than any company just setting their prices. Isn't that what the entire concept of Supply and Demand is about? Depending on where you are, you can set the price at what you feel is best, and see what happens? Sure, there's only one Eminem to a record-label, but, hm.. I dunno.

      --
      Nobody's gay for Mole-Man. :-(
    5. Re:A Genuine Question... by silentbozo · · Score: 1

      So if Microsoft, Sony, and Nintendo collude to make their consoles cost $1000 each and games cost a minimum of $150, that would be illegal?
       
      If they all sent their reps into a room, and walked out with a gentleman's agreement to keep consoles at $1000, and games at $150, so that the customers had no choice (in terms of price) if they wanted to buy a console system, then yes, that's price fixing.

      Same as if the 3 grocery stores in your area "leaked" pricing flyers to each other to ensure that their prices on items would be so similar as to be status quo, or if the gas stations in an area (regardless of brand) looked at a master price table of prices for their area instead of setting them in accordance with their wholesale price, amount of traffic, desired profit margin, etc.

      The idea is that you can set your own prices independently of your competitors, but as soon as you start sharing that information so your competitors know ahead of time what you will be pricing, with the understanding that they then know the floor at which they can price something and not get undersold, then that hurts competition (you're colluding against normal market forces, and making sure that the customer doesn't get the money left on the table based on normal pricing.)

      You can get inside information on your competitor's pricing - you're just not allowed to use that information to set your own prices in order to maximize your profit on per unit sales!

    6. Re:A Genuine Question... by shark72 · · Score: 1

      "Musicians don't really need traditional publishing and distribution anymore. Once the practice of developing a fanbase and breaking bigtime really takes off, the dinosaurs will die. And they know it, btw."

      The first part of your post was dead-on accurate, but you lost me on the last part. You see, folks have been saying (in so many words) "The record companies are going to be gone once musicians start using this Internet thing to their advantage" for more than five years now. It was a popular rallying cry back when the original Napster was big.

      The problem is this: the iTMS is a runaway success. The record companies (perhaps due to this collusion) are laughing all the way to the bank. "Open source" record labels like Magnatune, which fit many Slashdotters' perceptions of the future of music, are struggling. It seems that the record companies are also using the Internet to their advantage, and it does seem to be the case that a $5,000 home studio and a web site just doesn't seem to be a direct, drop-in replacement for a smoothly operating marketing and distribution machine, and a team of experts who understand the whole marketing and promotion thing -- and who charge for their expertise by taking 80% of the wholesale price of the CD or the downloadable track.

      I'm sure you know all this -- my point isn't to argue with you. My question is this: if this hasn't happened yet, when will it happen? When will people realize that iTunes, Yahoo! Music, Napster et al. suck, and start buying music from artists without benefit of a recording contract in volumes that are worth discussing? Five years? Ten? Twenty?

      --
      Sitting in my day care, the art is decopainted.
    7. Re:A Genuine Question... by sabat · · Score: 1

      Patience, my son. The internet is very young.

      --
      I, for one, welcome our new Antichrist overlord.
    8. Re:A Genuine Question... by sabat · · Score: 1

      Ok, here's a better answer than "patience."

      iTMS is a runaway success. Awesome. That helps the cause.

      My point is that a band doesn't need Sony or Warner anymore. You can get your songs on iTMS via CDBaby for a very low rate. Publicity -- I can see paying something for that.

      But what would a record company do for me as a musician? (Besides take the vast majority of profits from sales away from me?) I don't need them for distribution. And if someone handled the publicity part (non-internet), well, then the RIAA is just a group of dinosaurs. Its propaganda will hold it up for a few years, but ultimately it has no viable business model.

      --
      I, for one, welcome our new Antichrist overlord.
    9. Re:A Genuine Question... by Ohreally_factor · · Score: 2, Informative

      Price fixing isn't when a single company sets a price. It's when all the businesses of an industry get together to set an artificially high price.

      If you are company A, you can set any price at all you like for the widgets that you sell. However, if you price too high, you won't sell any widgets, thus you won't make any profit. The market place is where we determine what is the optimum price for your widgets: How much people are willing to pay vs. how much you want to charge. Of course, you are also competing with Company B, Company C, etc. who all sell competing widgets. So your price for your widgets must compete with the prices for the other widgets. (or you must find a way to differentiate your widgets, but that gets into other areas).

      Now, what if you were to get together with the heads of Company B, Company C, etc., and say, "Hey, guys. We're killing each other. Let's set a price for widgets above what we're being forced by all this competition to charge. That way, we'll all be sure to reap lots of profits!" So, your company, Company B, Company C, etc. all set artificially high prices, thereby unfairly depriving the consumer of lower prices from competition.

      That's the basics of price fixing. It's an unfair business practice.

      --
      It's not offtopic, dumbass. It's orthogonal.
    10. Re:A Genuine Question... by AK+Marc · · Score: 1

      From the way I see it (maybe I don't completely understand the concept), shouldn't a company be allowed to choose what price they want to sell their product for?

      They are free to set it at whatever they want. They are not free to collude with a so-called competitor to set prices at an arbitrary (not market set) level. It isn't about setting the price wherever they want, it is about creating a de facto monopoly when all "competitors" work as one. The monopoly would be illegal, so the actions of all companies acting as one entity should be illegal as well. Or so goes the theory.

    11. Re:A Genuine Question... by Vegeta99 · · Score: 1

      In a good economy, NO ONE PERSON can effect the market. The reason for this is that when the entire market/economy is free to decide as a whole what is worth what, we get the best distribution of our resources. For individuals, this is pretty easy. It's hard to get a sizeable amount of the demand side of the market to say "I won't pay more than $10 for a CD"

      But when there's a few hundred million buyers, and a few dozen suppliers, it's easy for those suppliers to collude to raise their prices beyond what the market would otherwise demand. Then we end up with people who don't buy CD's at all, and some who still buy CDs, and don't realize that they're paying more than everyone else says they're worth.

      In other words, no business can just set their own prices. They know how much their goods cost, how much they pay their employees, and how much profit the market will let them get away with. Competition is when someone else figures out how to do it cheaper or how to make a better product. With a commodity such as CDs, there's not much room to make it cheaper or better, unless they find some better artists.

  48. Time Warner no more by tepples · · Score: 1

    Time Warner spun off Warner Music Group in early 2004.

  49. It could be easy by Anonymous Coward · · Score: 0

    Visa/Mastercard/AMEX et al could make the process a whole lot cheaper, but they frankly have no need to. Its not the technology; it's simply the incumbents already have a monopoly and they see no need for cheap micropayments.

  50. Media companies are fixing prices? by nurb432 · · Score: 1

    You must be kidding, they would never do that..

    *yawn*. nothing to see here but the consumer getting screwed yet again.

    --
    ---- Booth was a patriot ----
  51. Silver and Gold (side topic) by argoff · · Score: 2, Insightful

    Money is no longer real. Its simply printed and/or blipped on computers. It is not backed by gold or silver like it used to be. The money holders (banks) hold less and charge people for giving it away (service) and they don't even own anything besides nice buildings (although that is changing). Its pretty much a crime to own a decent amount of cash money for some reason.

    You know, I was reading that just as I was thinking if there was ever a kind of way that I could give a christmas present to people I don't even know. And then it came to me - my gift to people this year is the plea:

    "PLEASE BUY GOLD AND SILVER".

    Really! and I am not a "gold kook", it's just that the same information age forces that are killing the copyright cartell are also going to kill central banks ability to lie to people about the value of their currency. I am serious, the economic fundamentals today are WAY worse than the 80's when gold went to $850 usd/oz. Also, today the economony is sevral times more efficient so when the adjustment happens, it will happen several times faster. During the great depression, our currency came out OK, because it was backed by gold. During the 80's our currency came out OK, because Americans didn't have much debt. This time it really is different, and there is nothing to stop the US economy from heading off a hyperinflationary debt cliff after the over-indebted housing market falters and that's why the silver and gold market have been going up so high over the last 5 years.

    Food for thought: in 1935, there was about $35 in circulation for every ounce of gold held by the central banks, in 2005 there is about $35000 in circulation for every ounce of gold held by the central banks. People should really buy silver and gold like their butts depended on it. Merry Christmas!!!!

    1. Re:Silver and Gold (side topic) by hackstraw · · Score: 1

      This time it really is different, and there is nothing to stop the US economy from heading off a hyperinflationary debt cliff after the over-indebted housing market falters and that's why the silver and gold market have been going up so high over the last 5 years.

      Sshhh. Things like that are better unsaid.

      Why the hell do you think we invaded Iraq? It may have been because of the September 2000 decision of Sudam Hussain to switch from the US dollar to the Euro for oil trade. Venezuela was threatening to do the same. Our economy is very dependant on having bunches of bills spread all around the world. If there are fewer floating around, then the economy becomes much more volatile. Its kinda like the volatility of a small salt water aquarium. Its hard to keep a small one stable, that is why they are commonly around 150 gallons or so. Oceans are much more stable :)

      England does not use the Euro, France does. Remember "Freedom Fries"?

  52. Lawsuits are GOOD by Anonymous Coward · · Score: 0

    If it wasn't for lawsuits coffee would be dangerously hot instead of lukewarm like it is now.
    Doctors would be able to treat just anybody whether they could pay or not and the health inurance industry wouldn't employ so many people.

  53. Re:Like that other time they got caught price fixi by Anonymous Coward · · Score: 0

    It still gets me how the soundtrack for a movie costs more than the movie itself.

  54. Liking by Nom+du+Keyboard · · Score: 1
    New York Attorney General Eliot Spitzer has subpoenaed Warner Music Group

    I'm really liking this guy!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  55. Also heard on the news today.... by perigee369 · · Score: 0

    Saddam Hussien claimed he was beaten by attorneys for the RIAA...

  56. what? never! by Gravis+Zero · · Score: 1

    the music industry price fixing? *cough*1990s*cough* NEVER!

    --
    Anons need not reply. Questions end with a question mark.
  57. Re:Who'd have thunk of this interesting developmen by jZnat · · Score: 1

    Grammar Syntax Error: unmatched parenthesis.

    --
    'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
  58. Re:Man I'll miss Spitzer when he becomes gov(NY).. by augustz · · Score: 2, Interesting

    It interesting, he's one of the few AG's to go after white collar criminals with any vigor. The stock research stuff was so obvious, they kept on hyping it, but it was basically sales literature. His point (correct I think), was that you can hype stuff, just don't dress it as independent research.

    The music companies claim they are trying to help the consumers. Forced to pick between them and itunes (who released an honestly useful app with reasonable DRM) I'd pick apple in a heartbeat.

  59. fixed my pricing, O by harvey+the+nerd · · Score: 1
    These folks and their breed have been "fixing things" for over a hundred years, witness the predatory expansions of copyright and "IP", not even pausing for little things like the Constitution (can you say "ex post facto" ad nauseum).

    Anyway, fixed them on my side. I simply do not and will not buy ANY labelled product from these turkeys. Got to go to the library and listen now. Bought my son a iRiver, so they can't complain about Steve ;>

  60. Re:Like that other time they got caught price fixi by shark72 · · Score: 2, Informative

    Right; that judgement was a win for Wal-Mart and Best Buy. Wal-Mart and Best Buy went to the government when Universal was handing out program money (funds for newspaper advertisements and the like) to Tower Records and TWE in return for setting MAPs (minimum advertised prices). The only result was that the record companies ended their MAP programs. You only theoretically saved money if you'd bought CDs at Tower Records.

    Many Slashdotters are under the impression that the price fixing settlement was a win for consumers, when in reality it was a loss for independent record stores, and a win for Wal-Mart and Best Buy, who get to keep selling CDs as loss leaders without worrying about stores like Tower (which subsequently filed for bankrupcty) and other dedicated music stores from being too much of a problem. Actually, if you're a fan of the mainstream music that Wal-Mart and Best Buy dole out, then it's a win for you, but I don't count myself in that crowd.

    --
    Sitting in my day care, the art is decopainted.
  61. Hypocrisy! by Nom+du+Keyboard · · Score: 2, Insightful
    Currently, songs are usually priced at a flat 99-cent rate, but the industry has pushed for higher prices.

    And what happens when higher prices cause less people to download from pay sites? The music industry claims that every download is a lost sale. So is this intended to create more lost sales? If you can't get your fully inflated price, then you won't take any price? That kind of thinking only made sense when you actually did mostly control the only source of supply. Then along came the cassette deck recorder and your lives have never been the same since.

    People are obviously stupid in so much as they continue to support the music industry at its present prices (I remember when CDs first came out the promise was that as manufacturing efficiencies increased that prices would actually drop significantly), but even stupid people reach a point where they know they're being ripped off -- and don't like it!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  62. Re:I've got karma to burn...Ha Ha on You! by Nom+du+Keyboard · · Score: 1
    ...so I'll take a chance and say this: Dear recording industry: Ha! Merry Fucking Christmas, motherfuckers!

    Ha ha, the joke's on you!! Funny +5 doesn't affect your karma at all!!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  63. Re:Who'd have thunk of this interesting developmen by jelle · · Score: 1

    Bullshit: Store credit.

    --
    --- Hindsight is 20/20, but walking backwards is not the answer.
  64. Re:Spitzer is looking for publicity by linkdead · · Score: 1

    Definately good that he is doing this mess.

    Yes, Sony will see him as a threat. However, with how many states it seems are jumping in on the rootkit, he may not be the only one.

    As for the budget, if he really wants to get Sony, he will find ways to stretch the budget to get it. If they shave on his budget too hard, it could be political suicide for the ones that made that decision if something high profile has to be let go due to an empty budget.

    Really, I think Sony's only move is to get him voted out of office. Either that or pull a SCO and delay infinitely.

  65. Ironic by SuperKendall · · Score: 1

    A general comment on the whole Holiday/Christmas thing - the thing I think most ironic about this is that people arguing to call it "Holiday" instead of "Christmas" are also generally the same people that complain about how commercial Christmas has gotten. How ironic then they would seek to remove the one non-commecial element from the whole holiday - the name itself!

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Ironic by HermanAB · · Score: 1

      Well, logic has never been part of religious thinking.

      --
      Oh well, what the hell...
  66. Simplest way to do away with price fixing... by Anonymous Coward · · Score: 0

    Do away with exclusive contracts for artistes. When a consumer can obtain the same music from multiple different producers (not outlets), then there is price pressure downwards as the competition will then be on price not preference.

  67. Re:Spitzer is looking for publicity by edflyerssn007 · · Score: 0

    I'm from New York, and so what if he's looking for publicity. He's doing the right thing. I'm not a democrat, but I'd vote for him because he does the right thing.

    And yeah, just in case you were wondering, the ends justify the means.

    --
    So you see what had happened was....
  68. well of course... by circusboy · · Score: 1

    how do you think they were going to offset the legal costs of the case?

    before the suit it was a case of price-fixing and gouging.

    after the suit it was recouping a loss, which is perfectly legal...

    </sarcasm>

    --
    -- it's ridiculous how many people misspell ridiculous... (damn, damn, damn...)
  69. Re:Man I'll miss Spitzer when he becomes gov(NY).. by winwar · · Score: 1

    "AIG has restated their earnings for the last 5 years (which is a massively big deal, for those of you who don't know), and in doing so, changed their estimated net worth from about 81 billion to 79 billion. Whooo-fucking-hooo. He is now trying to investigate transactions made between AIG and the Starr Foundation going back to 1967 in order to find something to justify the ruining of the lives of lots of people at those companies."

    He may be an asshole, he may overreach but according to you AIG had to restate earnings for FIVE years. That isn't a minor mistake. In many companies stockholders rightfully flee like rats from a sinking ship when something like this happens. And the fact that you find major accounting violations strongly suggest other lapses....

    In short, the primary people responsible for ruining the careers and lives of people at AIG are the current and former management. The AG is only the messenger. Even if he is a vindictive one.....

  70. Re:Who'd have thunk of this interesting developmen by platypussrex · · Score: 2, Insightful

    I suppose you think that means something, but I think all it means is that you don't really know much about the whole micropayment problem. It really does exist, and if you do as I suggested and google for it, you'll find that a great deal of brainpower has been thrown at it, with less than stellar results. Wikipedia is not a bad place to start, just look up micropayments there.

  71. Read for content, please. by argent · · Score: 1

    No, he's arguing that Copyrights are government interference.

    Whether that's desirable, or whether it's undesirable, or whether it's too much or too little, is a different debate. Whether government intevention is desirable or not is not the point.

    The point is that ANY market that depends on copyrights, patents, or any related tools is a government mandated and controlled market. It's ludicrous to cheer on this as a demonstration that government intervention in a "free market" can be a good thing. This market has not been "free" in anyone's memory.

  72. Re:Man I'll miss Spitzer when he becomes gov(NY).. by theLOUDroom · · Score: 2, Insightful

    AIG has restated their earnings for the last 5 years (which is a massively big deal, for those of you who don't know), and in doing so, changed their estimated net worth from about 81 billion to 79 billion. Whooo-fucking-hooo.

    Hey dumbass, that's TWO BILLION DOLLARS.

    I know if I was a shareholder of AIG I would be rightfully pissed.

    Lying about the worth of the company is one step away from actually stealing two billion dollars.

    I think he was hoping AIG was the next Enron, and when it turned out it wasn't even close, he got vicious and couldn't let it go, despite the fact he is hurting a lot of innocent people in the process.

    If these people are innocent, then why is AIG restating their earnings? The actual facts you've present run completely counter to your accusations of trying to ruin people's lives for no reason.

    Of course, I am a bit biased, since I personally know some of the people whose careers he has ruined and finances he has messed up.

    What this statement does not say is that you personally know that these people are innocent of any wrongdoing.

    Bullshit like this is a big drain on our economy. Why would you invest in any company only to find out you just paid too much because they lied in their legally required disclosures?

    --
    Life is too short to proofread.
  73. Re:Who'd have thunk of this interesting developmen by jelle · · Score: 1

    "I think all it means is that you don't really know much about the whole micropayment problem."

    Nope, it means that people who thing there is a micropayment problem simply don't see the solution.

    Transactions are cheap, forget what the companies in the transaction business want to tell you, they are just in there to make a buck, not to make it easy or cheap to exchange money.

    The solution is not complex either. When I make a phone call, I get charged micropayment per minute that I call. QED.

    If you still see problems, you're just looking for a problem, not a solution.

    --
    --- Hindsight is 20/20, but walking backwards is not the answer.
  74. Re:Who'd have thunk of this interesting developmen by platypussrex · · Score: 1

    it means that people who thing there is a micropayment problem simply don't see the solution.

    Ah, so you didn't bother to look up any of the links I suggested, because if you did, you would see that some of the finest minds in the world are working on this, that virtually all companies who take payments admit it's a huge issue, and that no completely satisfactory solution exists at present. Unfortunately I don't debate people who believe that their uninformed opinion is better than actual knowledge, and who can't even be bothered to do a bit of basic research.