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Digital Music Sales Skyrocket in 2005

Luke PiWalker writes "The market for digital music hit $1.1 billion in 2005, more than triple 2004 sales. But the industry, wanting to wring the maximum profit out of the consumer, remains fixated on piracy." From the article: "The IFPI also called on ISPs to join the fight against music piracy, which it claims severely erodes the profits of its 1,450 member record companies across the globe. The IFPI added that the legitimate music business was gradually gaining ground on digital piracy. It said research showed that in Europe's two biggest digital markets -- Britain and Germany -- more music fans are now legally downloading music than illegally file-swapping."

49 of 176 comments (clear)

  1. pay? by Janek+Kozicki · · Score: 4, Funny
    --
    #
    #\ @ ? Colonize Mars
    #
  2. RIAA has won by digitaldc · · Score: 4, Insightful

    Now can they please stop suing their consumer base?

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:RIAA has won by gEvil+(beta) · · Score: 5, Insightful

      This is a lot like the war on terra. They won't have successfully "won" until there isn't a single person out there making a copy of a song for someone else without paying. In short, it will never end...

      --
      This guy's the limit!
    2. Re:RIAA has won by dc29A · · Score: 2, Insightful

      RIAA has won? Not IMO. RIAA wants to sell you a product. Product being one CD full of shit with maybe 1-2 good songs. Those good songs are being played on radio and bought in online download services. The CD itself is not bought. CD sales have gone down again last year while legal downloads are going up. Thanks to legal downloads, people are no longer inclined to buy an entire CD full of crap because they like maybe one song on it.

    3. Re:RIAA has won by Daniel+Dvorkin · · Score: 3, Insightful

      The "one CD full of shit with maybe 1-2 good songs" comes up every time this subject is discussed, and I have to ask: what CD's are people buying that they say this, anyway? I'd say I like 90+% of the songs in my CD collection, whether I'd heard the song before buying the CD or not -- because I usually buy CD's by artists whose work I know is consistently good, or that have been recommended to me by friends whose musical judgement I trust. Even the best band can turn out a lousy song on occasion, sure, but I have to say that if you buy an album expecting and accepting that most of the songs on it are going to suck, then you pretty much deserve what you get.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    4. Re:RIAA has won by surefooted1 · · Score: 4, Insightful

      RIAA has won
      Or have they?

      ...research showed that in Europe's two biggest digital markets -- Britain and Germany -- more music fans are now legally downloading music than illegally file-swapping.

      I think people have just found more "secure" ways of trading music.

    5. Re:RIAA has won by gEvil+(beta) · · Score: 5, Insightful

      This is the difference between a discrminating music buyer and someone who buys the top 40 hit of the week. One buys music because they like the music. The other buys the music because it's cool and that's what they're supposed to do.

      --
      This guy's the limit!
    6. Re:RIAA has won by ShibaInu · · Score: 3, Interesting

      To me the problem with the crappy top 40 stuff is that it is overproduced. The artists are managed now such that every dance move they make, every note they sing, etc is planned. I'm sure there are focus groups, market surveys and statistical anlysis done to make sure that every Brittany Spears knock off hits the demographic sweet spot.

      Personally, I like music that is the expression of an artist, not the iterative effort of a marketing machine.

    7. Re:RIAA has won by mzipay · · Score: 4, Insightful

      C'mon! It's not that black-and-white!

      The reality is that most people who have a CD collection own both kinds of works - those that they listen to regularly, from the first song to the last, and those that they listen to only on occasion, or only to certain tracks.

      Here's a newsflash - musical taste is SUBJECTIVE. What you consider to be the greatest musical masterpiece of humankind's existence might not be worth picking up from the 25-cent bargain bin at the local swap shop to someone else.

      The "argument" here (going back to the original post) is quite valid: if I like a particular song or couple songs off some band or artist's album, and I *don't* like (or don't care one way or another) about the rest, I don't want to pay FULL price for the whole album.

      Personally, I only buy new CDs for my absolute favorite bands and artists. For the rest, I first look at local CD exchange stores, followed by online used copies, and finally resorting to "piracy" if all other options have been exhausted.

      That song that got released back in 1972 that I just heard the other day in a TV commercial and would really like to add to my collection? Um, yeah, I'm NOT going to go out and pay for the entire album when all I want is that song. If I can find the album on the cheap (and by cheap I mean $1 or less), I'll buy it.

      Otherwise, it's a pirate's life for me. ARRRRRR!

  3. Legal downloads bigger than piracy? by nordelius · · Score: 5, Insightful

    How are they measuring piracy? How can they possibly get reliable figures on the level of music piracy.
    Not that I am necessarily complaining. If the industry is content to consider that online piracy is not as big as legal downloads perhaps they will leave online music alone and look at people who actually make money from piracy (e.g. sales of counterfit CDs/DVDs)?

    --
    -- "You never mentioned comets before, Mac. This opens up a whole new area of negotiation." - Gordon Urquart
    1. Re:Legal downloads bigger than piracy? by Patrik_AKA_RedX · · Score: 4, Funny
      How are they measuring piracy? How can they possibly get reliable figures on the level of music piracy.
      You mean you didn't register your illegal downloads with the RIAA?
  4. Digital Music? by Compenguin · · Score: 4, Insightful

    Aren't CD's also digital music, not just that downloaded crap?

  5. Legitimate Markets by warmgun · · Score: 5, Insightful
    "It said research showed that in Europe's two biggest digital markets -- Britain and Germany -- more music fans are now legally downloading music than illegally file-swapping."

    This seems to have little to do with any anti-piracy efforts from the record labels and much more to do with the wide-spread availability of legal markets for digital music for the first time.

    1. Re:Legitimate Markets by Alex+P+Keaton+in+da · · Score: 2, Insightful

      Exactly...
      In my opinion, the record companies are going to have to find a new way to measure album sales.
      For example- I no longer (like I did in the 90's) buy a whole $20 CD when I just want a song or two- I just buy the song. In my opinion. when I buy the one good song on an album (and we all know the albums that have one good song), the record companies should record that as an album sale. ( Of course this would be subjective... But did you ever notice how Vanilla Ice consistantly has one of the top 50 songs on iTunes in the HipHop category- does anyone think this would be the case if you had to buy his entire album to get "Ice Ice Baby?")

      --
      And All I Ask is a Tall Ship And a Star to Steer Her By
    2. Re:Legitimate Markets by MtViewGuy · · Score: 2, Insightful

      This seems to have little to do with any anti-piracy efforts from the record labels and much more to do with the wide-spread availability of legal markets for digital music for the first time.

      What has changed the entire equation is the enormous success of Apple Computer's iTunes Music Store working in conjunction with the iTunes program. By pricing singles at 99 cents US per song and US$9.90 per album, this has actually benefited a lot of artists because not only does this cut down on music piracy, but it has actually provided a decent revenue stream for a lot of lesser-known artists.

  6. Enough Is Enough by gasmonso · · Score: 2, Insightful

    When will the RIAA stop these senseless lawsuits and focus on the digital download market. Piracy will always exist, accept that and work on growing your customer base instead of increasing the number of enemies.

    http://religiousfreaks.com/
    1. Re:Enough Is Enough by shark72 · · Score: 2, Insightful

      "When will the RIAA stop these senseless lawsuits and focus on the digital download market."

      Record companies, like you and me, can indeed walk and chew gum at the same time.

      The success of the digital download market is due to the record companies' focus. Universal has finally digitized their entire catalog and is now digitizing their back catalog of European releases. They've even made noises about an online-only music label, ostensibly so they can make investments in more commercially risky artists without the overhead of the traditional retail channel and hard goods.

      "Piracy will always exist, accept that and work on growing your customer base instead of increasing the number of enemies."

      This is another example where folks don't realize that record companies act like other businesses.

      Think of your favorite store. Maybe it's a grocery store, or a Fry's Electronics, or a hobby store, or whatever. Odds are that you've noticed that they have sales and promotions, but they also take efforts to curb shoplifting. Your newspaper is filled with pages and pages of ads for sales at your local stores, yet the anti-theft industry remains huge.

      Now imagine if you went to your local store owner and gave him or her the same advice you have for the record industry: "Shoplifting will always exist, accept that and work on growing your customer base instead of increasing the number of enemies."

      Do you think that would be good avice?

      Store owners know that shoplifters will always exist, but this does not prevent them from taking measures to stop it when they can. The record companies take the same approach.

      --
      Sitting in my day care, the art is decopainted.
  7. Just a little side note on the legality... by eldavojohn · · Score: 5, Informative
    Uh, before you rush to use either of those services, please take note of their legal disclaimers such as the one from allofmp3:
    All the materials in MediaServices projects are available for distribution through the Internet in accordance with license # LS-3-05-03 of the Russian Multimedia and Internet Society. Under the license terms, MediaServices pays license fees for all materials subject to the Law of the Russian Federation "On Copyright and Related Rights". All materials are available solely for personal use and must not be used for further distribution, resale or broadcasting.

    The user bears sole responsibility for any use and distribution of all materials received from AllOFMP3.com. This responsibility is dependent on the national legislation in each user's country of residence. The Administration of AllOFMP3.com does not possess information on the laws of each particular country and is not responsible for the actions of foreign users.
    And so, since the servers are only operating under the laws of Germany or Russia, you are basically paying money for high quality mp3s. Should be caught with said files, it would be just as bad as if you had downloaded them using a P2P client for free.

    Be careful folks, if it's too good to be true, it is.
    --
    My work here is dung.
    1. Re:Just a little side note on the legality... by meringuoid · · Score: 4, Interesting
      Should be caught with said files, it would be just as bad as if you had downloaded them using a P2P client for free.

      In other words, not at all.

      As far as I am aware, the only people who've ever got in trouble for the mp3s they had were sharing those mp3s over public peer-to-peer networks. They were illegally distributing them. The users of allofmp3.com are not doing this; they are purchasing them from an organisation that has the legal right to distribute them, and importing them into their home countries. It's just the same as if they ordered the CDs by mail order from Russia because they're cheaper there.

      --
      Real Daleks don't climb stairs - they level the building.
  8. Legal music by poeidon1 · · Score: 2, Insightful

    These companies try to prevent downloading illegal music, without providing a platform to download legal music. ITunes was one of the first to cater that and thats why it is a success but more needs to be done especially with files with DRM

    --
    They called me mad, and I called them mad, and damn them, they outvoted me. -Nathaniel Lee
    1. Re:Legal music by Professor_UNIX · · Score: 2, Insightful
      ITunes was one of the first to cater that and thats why it is a success but more needs to be done especially with files with DRM

      IMHO iTunes Music Store would be a slam dunk if they had simply adopted Apple's Lossless codec as the standard format for downloaded music instead of the lossily compressed AAC files. If I'm going to pay the store price for an album on iTunes Music Store then I should be able to take the files I've downloaded and burn a CD that will be the exact same quality as if I had bought that CD from the store. I don't WANT to keep my music in DRM-protected AAC files, I want them to be cross-platform in MP3 or FLAC format but it's stupid to burn the AAC files to a CD and then rerip them since you lose too much audio quality.

  9. DRM'd music? by Anonymous Coward · · Score: 3, Insightful

    Nothing will ever make me pay my own hard earned money for a DRM'd file or CD. It is just not going to happen. I have no interest in buying inferior products.

  10. Simple by Sviams · · Score: 3, Informative

    They simply take the magic "projected sales if internet didn't exist and we were still in the 80's" number, subtract actual sales, divide that by average CD price and then multiply it with their gut feeling.

  11. It's quality and convenience! by ami-in-hamburg · · Score: 4, Insightful

    Personally, I think increased online sales would have to do with the quality and convenience. I don't have any idea how many times I downloaded some song, then when you play it back, it's something completely different than what you expected because some bonehead mislabeled it.

    I don't know what bit rate you can get from legal online services but I also got really tired of the crappy 128bit rate that it seems like everyone ripped to. I recently just finished re-ripping every CD I own to 256bit and I can tell the difference. I would think you won't get all the background garbage noise in a legal download either. At least I would hope there are no (pop, crackle, fizz) in the legal downloads.

    Convenience is a huge factor too. I fully understand that one person's fav band is another's most hated. However, I got sick of buying CDs because the group had a couple of tunes on the radio that I thought were really good only to get home and find out the other 8-10 tracks on the CD are crap! The ability to buy single tracks, at least to me, has value.

    1. Re:It's quality and convenience! by AeroIllini · · Score: 2, Insightful

      Sound quality is still my main objection to purchasing music on the Web... after DRM protection of course. Jobs got everything right once again: after getting people to pay for software to produce content, and refusing people to modify the software to suit their needs, tech companies managed to get us to pay for crappily digitised content that we can't even copy onto the hardware we choose. To me this is pure evil genius, but I will try not to fall into the trap as long as I can find CDs for a decent price.

      It's not pure evil genious... it's just plain genious.

      The DRM in iTunes (FairPlay) is, I think, the best compromise that could be made in the current climate of RIAA control. If Steve had made the restrictions any looser, the record companies would have probably walked out of the contract negotiations. According to the Mac philosophy, you should be able to do anything you want with that music, as long as you do it on a Mac. Import it into iMovie as a soundtrack, listen to it on your iPod, chop it up into sounds for your desktop, render the bits as an image and use it as desktop wallpaper, whatever. Unfortunately, the recording industry won't have any of that, so Steve was forced to add restrictions. I'm sure he fought hard for us lowly consumers, since FairPlay is much more permissive than other forms of DRM available.

      As to the question of quality: the vast, vast majority of people who download tracks from iTunes listen to them on their iPods. And guess what? On those tiny little white-cord earbud headphones that make you look "trendy", 128kbps sounds fantastic. In order to get the best sound quality out of a higher bitrate file, one would have to use fairly high-end speakers. Most people just use the earbuds that came with their iPod, and for them, the sound quality is fine.

      If you're truly worried about sound quality, then you shouldn't be buying CDs, either. Most music is recorded at a higher sample rate than 44.1 kHz and a higher gain resolution than 16 bit (I'm not sure of the specific numbers, and it may vary by recording device-- audiophiles, help me out here); then it's downsampled to 44.1 kHz Red Book standard. Most music that falls in the "popular" genre (as opposed to "classical") is also heavily equalized with the gain cranked way up. As a result, the whole song falls within the top 4 bits or so of gain resolution, and tends to blare. Classical recordings are usually a bit better in the dynamic range category.

      Of course, to have fantastic sound quality you also need fantastic speakers, since they are actually creating the sound. High end speakers are not cheap.

      Unfortunately, CDs are the highest quality format that is currently available. I suppose a brand-new LP straight out of the package might sound slightly better than a CD, but that quality lasts about one play, until the needle has microscopically altered the tracks merely by scraping across them. Not to mention that in order to preserve that quality, one would be forced to record that LP (on its first play, mind you) on recording equipment with higher sample rates and gain resolutions that what's available in the consumer electronics market, which usually use 44.1 kHz, 16-bit. You would also have to find the music you like in LP format, and unless you are a DJ, that can be very difficult, if not impossible.

      I buy CDs and rip to FLAC, which is about the best quality I can hope for.

      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
  12. Sales may be up... by __aaclcg7560 · · Score: 2, Funny

    You can find the real reason why RIAA think they are losing money. Blame the Apple iPod!

  13. Re:Greedy, perhaps, but not necessarily 'Evil' by Daniel+Dvorkin · · Score: 2, Insightful

    if people want something that someone else went to the trouble of creating, doesn't it seem kinda fair if the creator asks to get paid?

    Why yes, it does. And the answer, apparently, from musicians who are familiar with the parasitic ways of the music industry is, "No, not really."

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  14. My plumber explained it to me by ianscot · · Score: 5, Interesting
    Had a plumber in a while ago who was a real talker and a bit of a flake. While he was under the kitchen sink fixing my bad work, he saw that the iMac on the low counter there was showing iTunes where the kids had left it.

    The plumber's take on the RIAA and those horrible pirates was:

    People discovered that they could do all these cool things with song files -- remix, carry them in their mp3 players, rip, burn -- and there was an enormous demand to do those things. The pressure of that demand caused all sorts of leaks in the RIAA's old pipe full of money.

    The RIAA, naturally, started running around in a panic trying to plug the leaks. For every one they plugged, they got more; the demand created that much pressure, and it's not going to be possible to sue every pirate or plug every spot in an entire pipe. It stops being a pipe at that point and turns into something else.

    What they needed to do was add a release valve that they could control, but they didn't want to do that. It took third parties like Jobs with iTunes to show them how the pressure could go in a place they directed it. Now that they've let a bit of the pressure out, they're still trying to plug holes though. They don't see that they should concentrate on a workable new system that gets people the water they need rather than setting up a bunch of jury-rigged patches for problems with the old one.

    He also included a choice word or two about the "plumber's crack" in the RIAA's thinking, but I won't repeat that here. ;-)

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
    1. Re:My plumber explained it to me by eldavojohn · · Score: 5, Funny

      Tomorrow, Ian Scot's plumber relates marriage to--you guessed it--plumbing!

      And be sure to pick up his new book The World Is Pipes, which shows just how pipelike everything is.

      This book was released to satisfy the his fans while he works on rewriting the famous Feynman Lectures on Physics so that everything is explained in relationship to pipes. Afterall, what's a wormhole but just a fancy way to say "Time Pipe"?

      The famous plumber has dutifully dedicated his life to the understanding and study of pipes after his 3 year old son was killed in a fatal piping accident. We're hoping to see him win the Nobel Peace Prize in Directing Flowing Fluids and Gases this year.

      It's a decent and light hearted analogy but I think there's a bit more to it than just cash flow.

      --
      My work here is dung.
    2. Re:My plumber explained it to me by NixLuver · · Score: 2, Insightful

      "It's a decent and light hearted analogy but I think there's a bit more to it than just cash flow."

      What the?

      If it's not about money, what *is* it about?

  15. artists making millions from concerts by wilsonjd · · Score: 3, Interesting

    I'm not a fan of steeling, but after seeing stories like this: http://www.rollingstone.com/news/story/_/id/915651 6 I'm not going to cry for anyone. When Mick and the boys can make $162 million in North America alone, who needs record sales? When they charge you over $100 to see the show, they should give you the CD for free!

  16. The RIAA is representing some people by crovira · · Score: 3, Insightful

    who are best compared to kings sitting in chairs on the beach commanding the tide not to rise.

    It was entirely predictable too.

    Music is a pre-hominid, semi-simian, refexive action/reaction. It demands instant gratification. In the internet age, that means music delivered over the ether.

    Because of the medium, the scatter/gather packet distribution, the "priviledged communication" nature of the channel, the end-to-end control, podcasters are going to eat the lunch of the broadcastering RIAA represented.

    The fact that podsafe music is incredibly more effective at getting people's music out there cheaply and without requiring compromise by the artists, that the only lazy or stupid people will sign up with them.

    The RIAA will go away once enough of their members go broke, like the ticks on the necks of the vampire bats that are feeding off of the artists.

    The Pod Safe Music Network, Pod Cast Delivery Network (representing growing legions of 'indy' artists) and iTunes Music Store (representing the drying up pool of major label 'signed' artists and 'aggregating podcasts.)

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  17. ...It seems that by Anonymous Coward · · Score: 3, Insightful

    ...file-swapping is always going to be prevalent and is only going to become more prevalent as we all become geeks. The reason legal downloading is gaining headway is because it is getting simpler and appealing to the older crowd (finally adopting new gadgets like mp3 players). It takes a certain amount of computer aplitute in order to efficiently file-swap, a skill that is only going to be more common in the future.

  18. Re:Greedy, perhaps, but not necessarily 'Evil' by Bimo_Dude · · Score: 2, Insightful
    Isn't greed one of the seven deadly sins, according to religious people? If so, then the RIAA tactics are greedy AND evil.

    I can understand that in the surrent system (at least in the US), it is a company's duty to maximize shareholder value, but the current system also makes it impossible to look beyond the next quarter. Companies can not be concerned by the long-term value that is created when they don't screw their customer base. Suing and screwing seems to be the "new paradigm" (for you management types) in business.

    Sad.

    --
    "Teleporting Rodents with D-Cell Battery Displacement" theory -- IgnoramusMaximus (692000)
  19. Qaulity and consistancy - Riaa wins by acomj · · Score: 2, Interesting

    I remember when Steve Jobs introduced the itunes music store, he compared it with all the p2p at the time. He said we can't beat them on price, so we have to beat them on
    1. Easy of use
    2. Quality of encoding/downloads (quality of music is really subjective/ fast!)
    3. Selection (you have to find the songs you want)

    Not many beleived you could compete with free.

    The RIAA anti-piracy efforts have worked in some regards, in that they make pirating music not as easy and make the pay services better in comparison. Pay service typically have better client software as they have the revenue stream to support developers. People don't want to chance a lawsuit so they lay low, "share" fewer songs creating more leaches and poorer selection.

    When it used to just be Napster, everyone was on it so the selection was great. Now there are more services with poorer selection.

    I think when people think about it, they want to "do the right thing" and support the bands they like. People like downloading music. People wanted this and now they have it they are using it more.

  20. Re:Greedy, perhaps, but not necessarily 'Evil' by cryfreedomlove · · Score: 2, Interesting

    That's simplistic hogwash. No successful business limits their perspective to the current quarter. That's especially true of public companies who are required to operate transparently. Shareholders can detect that level of bad management and punish the stock price accordingly.

  21. Re:Greedy, perhaps, but not necessarily 'Evil' by Anonymous Coward · · Score: 3, Interesting

    "Well, I guess having a sizeable chunk of your expected income stolen will cause a certain amount of 'fixation'."

    Exactly. What do you think the cost to benefit ratio is when it comes to suing over internet copying? From what I remember of studies that have been mentioned, the number of sales lost due to internet copying is a very small (possibly negative) number. Internet copying is overall a small problem compared to counterfeit discs fabricated by organized crime. Furthermore, suing their own customers creates a rather large amount of ill will and may discourage sales further. If they actually were losing a sizeable chunk of revenue, I would understand their fixation. But they aren't. I suppose either my estimates are wrong, or theirs are. Or there are noneconomic reasons why they are so fixated, like trying to draw attenion away from lackluster sales. Or if the RIAA raises more of a ruckus over the need to sue people, maybe they can convince the member studios to increase their funding.

  22. Oh that greedy, greedy industry! by windowpain · · Score: 3, Insightful

    "But the industry, wanting to wring the maximum profit out of the consumer, remains fixated on piracy."

    Wow man that's terrible. Just like those greedy bastards who have bricks and mortar stores go after shoplifters.

    Look, the industry's attempts to combat piracy have been ill-advised and ineffectual. Sony's use of a rootkit, for example, was downright unethical; it's a "solution" they should have rejected. They knew or should have known it would damage their customers' computers.

    However, to condemn an entire industry because they're concerned about people stealing from them shows a level of moral retardation just as grave as Sony's.

    --
    Insert witty sig here.
  23. Stop pulling rank... by john-da-luthrun · · Score: 5, Insightful

    I don't see why the fact you're "an IP lawyer" should have anything to do with what side you're on. So am I, as it happens. So, for that matter, is Eben Moglen, and I don't seek him rushing to support the RIAA any time soon.

    This isn't about people being paid money they deserve - I don't have any problem with the record industry charging for their products, and I don't (generally) make (many) illegal copies of music or have any great sympathy for those caught putting 000s of tracks on file-sharing services

    The point is that though that the music industry is turning file-sharing and "piracy" into a scapegoat and using this to at best inconvenience, at worst rip-off their legitimate customers (or even compromise their computer systems - can you say, "rootkit"?). Copy-protected CDs, restrictive licensing/DRMing of music downloads (so that people moving from the US to Europe lose all their iTunes downloads, for example). Twenty years ago if you changed your hifi you didn't have to repurchase your entire record collection. Now? Oops, please tell me you didn't switch from an iPod to another make of "MP3" player? And whaddya mean you bought a copy-protected CD and now you want to listen it on your iPod? Go buy a downloaded version as well, you thief!

    The fact is that what makes money for the record companies is good music that people want to buy. It's the failure to find any really bankable, long-term, good quality acts that is the real problem for the record industry, but they prefer to make examples of a few "pirates" rather than address those deeper-rooted problems.

    This story only goes to underline this - find the right product, the right price and the right delivery mechanism, and people really do prefer to buy the legitimate goods rather than going for illegal copies.

    1. Re:Stop pulling rank... by swillden · · Score: 2, Interesting

      While it might have a negative effect on the industry, copyright is meant to serve the public, not authors.

      Absolutely. This is a point that many people don't get. Even many lawyers don't seem to get it, and that surprises me. Copyright isn't a "right", it's an expensive privilege granted to creators by society, because society expects to benefit. The theory is vaguely GPL'ish -- by imposing some carefully-chosen restrictions on the distribution of creative content, we actually increase distribution (and eventually enrich the public domain). But the goal is the increase, the restrictions are just the mechanism, and the mechanism is valuable only as long as it actually serves the goal.

      Somewhere along the line our lawmakers seem to have gotten that backwards. I think they still understood it pretty well when the issues of mechanical reproduction arose, the compulsory licensing scheme that was their response served the public interest well (even though it arguably harmed creators somewhat). Effectively perpetual copyrights and anti-circumvention legislation that basically puts legal force behind any random set of restrictions a publisher wants to implement, on the other hand, do not serve the public interest.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  24. Wrongo by synonymous · · Score: 4, Interesting

    Actually, the music I listen to is not played on radio or in any visible format. P2P is my sampler. I stopped buying CD's when I stopped hearing any good music (opinions vary) radio or otherwise and couldn't hear it anywhere. Anyone get some Dave Weckl Band on 107 FM today? Chick Corea? Zappa? Funny thing is is that .mp3 is whats actually saving their ass because of it's shitty sound quality. Good enough to sample, for me only a tease of good music because I gotta have the FLAC. Another good way to sample is those "Red Dot" music sample boxes they have at Barnes and Noble in the music section. Try the "Similar Artists" selection on the display after selecting someone you like to listen to and you can hear some samples of those "Similar" artists. If you are really into music, you may find yourself standing there for a couple hours hearing stuff you never knew existed. And probably buying a CD after hearing something "Good".

  25. Re:Greedy, perhaps, but not necessarily 'Evil' by RocketGeek · · Score: 5, Informative
    > Well, I guess having a sizeable chunk of your expected income stolen will > cause a certain amount of 'fixation'.

    Absolutely, and you say:

    > doesn't it seem kinda fair if the creator asks to get paid?

    Yes definitely, but having spent the last few weeks working on a music website for a singer who used to have a music career, had a song that went platinum, and then ended up doing painting and decorating because she never saw any of the money, as did the recording studio who were recording her tracks, I think you are being very naiive if you think that the creators actually get paid most of the time. As her horror story showed me, as well as others I know about from being involved, the money does not go to the artistes, it generally goes to corrupt music industry executives who try and blackmail female artistes into sex for career advancement, and who seem to pocket the money only to spend it on shovelling coke up their noses. Seemingly they spread their fun to their lawyers too. So putting your comments in context, i don't think you really understand the nature of the music business.

    > I am an IP lawyer, so I may be slightly biased,

    Well I guess you're definitely missing out on the fun the music industry lawyers have.

    Can you sleep at night with your views? Knowing that the genuine creators are not compensated, but all the middle men, the leeches like the lawyers etc are essentially stealing the money the creators make ?

    > I have trouble understanding why so many people seem to condone simply *taking* it...

    Simple. If the creator gets the lion share of the money, then I would pay without a second thought. As long as people who do not add value get the majority of the money, and defend their behaviour through suing everyone else, then I will have no part of it, and will actively seek the middlemen's economic demise.

    > and then playing the 'Evil industry' card on the rightholders to boot!
    > Seems a bit incongruous to me.

    Seems you're a bit naiive for a lawyer.

    People like John Kennedy and the IFPI and the RIAA are real scum. Instead of developing a credible business model that fairly compensates the artistes, they are more concerned with preserving their own financial gravy train which keeps the artistes under their thumb.

  26. Sure, but that's the ROLLING STONES by Nerdposeur · · Score: 3, Insightful
    Not to point out the obvious or anything, but "Mick and the boys" happen to be one of the most successful groups of all time. That's like me saying, "Computer programmers don't need salaries; they can make their own programs and get filthy rich. Look at Bill Gates!"

    A more realistic example is a known but not super-famous group like They Might Be Giants. Sure, you can get all their stuff on P2P, but you also have the option of buying straight from them on their web site. I like them and want them to keep making music full-time, so I will choose the latter. And since I've only seen them in concert once, they'll end up making more money from me by selling music - which is their primary business.

    1. Re:Sure, but that's the ROLLING STONES by et764 · · Score: 2, Informative
      A more realistic example is a known but not super-famous group like They Might Be Giants.
      They Might Be Giants also offers their albums online in FLAC, without any DRM. I decided to buy one of their albums largely because of this. I've been saying for years that when they finally start seeling Lossless audio, without any DRM, I would buy it. It's nice to see a band actually doing that.
  27. Re:No by maxwell+demon · · Score: 2, Informative

    Well, at the basic level your computer is also analog. It works with voltages, currents and charges, which are all perfectly analog magnitudes (Ok, charge can only come in integer multiples of the elementary charge, but then, the charges in your computer are still large enough that this doesn't really matter). Indeed, 0 and 1 are not represented by an exact voltage, but by a whole voltage range (i.e. everything which is below a certain voltage counts as 0, and everything which is above a certain other voltage counts as 1).

    --
    The Tao of math: The numbers you can count are not the real numbers.
  28. In related news by Anonymous Coward · · Score: 4, Funny

    In related news, Bellsouth has begun negotiations with the RIAA to help pay for the bandwidth that the pirates are consuming.

  29. Here's a third option by Nerdposeur · · Score: 2, Interesting
    Note: blatent self-promotion ahead

    The music piracy debate comes up again and again on Slashdot, and there are always similar viewpoints expressed:

    View #1: "Stealing music hurts artists."
    View #2: "No, it hurts record companies, who are screwing artists anyway."

    My suggestion: buy indie music and/or buy straight from artists. Sites like Magnatune, Indieheaven and CD Baby (which also distributes music on iTunes and elsewhere) pay a large percentage of sales to musicians.

    [self-promotion]

    Suddenly, there's a direct connection: You buy music from me, and most of the money keeps me eating and recording. You get more music, I have more fun, and nobody gets screwed. Isn't that how it's supposed to be?

    If you don't like what the industry has to offer, don't steal it; buy indie music. [/self-promotion]

  30. Re:Greedy, perhaps, but not necessarily 'Evil' by bigbird · · Score: 2, Insightful
    If the creator gets the lion share of the money, then I would pay without a second thought.

    So do you apply this line of reasoning to all products you need? (e.g. buying a pair of trainers, would you steal them if you think the people actually making them only received a few cents per pair).

  31. People Pay For Convenience, Not Music by Master+of+Transhuman · · Score: 2, Insightful

    I've said it a hundred times - people do NOT pay for music. They never have, except for the short period of time when music was only available on phonograph records and cheap cassette recorders were not available. Even then, hobbyists recorded music on reel-to-reel tape drives and exchanged them.

    People pay for legal download services only because using the P2P systems is so difficult (search for the music, join a queue, wait for five hours to download the file, get a crappy file, etc., ad nauseum, not to mention configuring the software in the first place, a task some people find difficult.)

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!