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U.S. Investigating Online Music Pricing

An anonymous reader writes "Times Online has a story about the U.S. Federal Government investigating whether the music labels are fixing prices for online music sales. 'The antitrust division is looking at the possibility of anti-competitive practices in the music download industry ... Mr Jobs suggested such a move would drive owners of Apple's iPod, the hugely popular digital music player, to piracy, a problem that has cost the music industry billions in revenues in recent years.'"

213 comments

  1. clarify this paragraph: by yagu · · Score: 4, Interesting

    From the fine article:

    Mr Jobs suggested such a move [in reference (apparently) to greedy prices set by music companies] would drive owners of Apple's iPod, the hugely popular digital music player, to piracy, a problem that has cost the music industry billions in revenues in recent years.

    I wonder, does Mr. Jobs actually believe this, or is this casual conjecture/repetition by the author?

    Regardless, I'm still curious about and waiting for the definitve and objective study that shows real correlation, because I still don't believe it.

    The biggest "cost" to the music industry over the last five years has been and continues to be their disdain for the consumer (e.g., the SONY debacle, protected "CDs") and their insistance on charging similar fees for songs even while the business model dramatically evolves (e.g., hugely cheaper distrubution channels).

    Heck, if the music companies were found to be colluding by charging $15+ per CD years back (they were), what are the chances they are doing the same now when the per-tune cost remains the same as distribution costs drop?

    My biggest fear though is the music industry gets "caught" and settles in similar fashion to their previous settlement, à la "giving away" free downloads (by the truckload) to local libraries, but restricting the downloads to non-selling tracks. Sigh.

    1. Re:clarify this paragraph: by ronanbear · · Score: 2, Insightful

      Actually, I think this is one instance where the music industry want to get caught. Then Apple's fixed price model gets ruled illegal and had to be changed. Record companies say sorry and immediately use their (untouched by this) cartel to jack up the prices on any songs that they think they can sell at a higher price. They want to lose this case but the real losers will be the customers. If you're still unsure just look around for the labels vigourously denying price fixing in online music. They'd be all over it if it was any form of media other than downloads.

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
    2. Re:clarify this paragraph: by Chosen+Reject · · Score: 2, Interesting

      Whether or not Jobs personally believes that it would drive people to piracy is moot. He has to know that that is what will get the RIAA's attention. So if he says that it will drive users to piracy, and others believe him, then the RIAA wouldn't attempt it, because then people will see that the RIAA wants people to pirate songs so that they can sue them. Again, this things might not be true, but it's all how it looks.

      Jobs says they will pirate if prices are fixed, people believe it, the RIAA does it anyway. Regardless of whether or not any of that happens, if the RIAA complained about piracy after they fixed prices, people would say "Jobs told you so. It is your own fault."

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    3. Re:clarify this paragraph: by VoxCombo · · Score: 3, Informative
      Heck, if the music companies were found to be colluding by charging $15+ per CD years back (they were), what are the chances they are doing the same now when the per-tune cost remains the same as distribution costs drop?


      If I may clarify this......The labels were sued not for the price of CDs, but for their minimum advertised price policy. Basically, when Best-Buy and Wal-Mart were using CDs as loss-leaders to bring consumers into the door, the labels tried to slow this with a MAP policy. The labels didn't tell those stores how much to sell CDs for, they just wanted to forbid advertising prices that low, for fear that it would drive small record stores out of business and hurt the availability of non-hit recordings (best-buy and walmart mostly only stock the "hits".

      MAP policies are very common among individual companies in many industries, but the courts found that since the labels were doing it together through an industry association (RIAA), that the practice was illegal.
    4. Re:clarify this paragraph: by Anonymous Coward · · Score: 0

      This might mean that Jobs knows the market - in this case digital music consumers - better than music industry does. Jobs has proven his ability to please consumers with fine or at least desireable (both socially and technically) products as opposed to music industry whose latest achievements only include "sue if can't innovate (make desireable product)".

      So Jobs may be right: people will steal if they can't get crap for crappy prices. True fans will buy full albums from true artists regardless of price. Hey, I'm might even consider buying MS Vista as my most expensive Robert Fripp album ever.

    5. Re:clarify this paragraph: by DrEldarion · · Score: 2

      My biggest fear though is the music industry gets "caught" and settles in similar fashion to their previous settlement, à la "giving away" free downloads (by the truckload) to local libraries, but restricting the downloads to non-selling tracks. Sigh.

      Aren't plenty of good songs non-selling ones anyway? I'd take one New Amsterdams download before ten Britney ones. Maybe that would open people up to some new things. Now, I'm not saying that all popular music is bad, because it isn't, but there's a lot of good music out there that nobody hears, people just need a kick in the pants to be motivated to find it.

      I hope Pandora becomes popular for this reason.

    6. Re:clarify this paragraph: by Voltageaav · · Score: 1

      Maybe I'm missing something, but how is Apple in trouble here? It's the other companies that are under investigation. Apple is the one who's actually using competitive prices. And what's even better, they are pricing based off of cost, not demand. Buisness practice dosn't get much more honest than that. The only way I see they could lose is if they lose customers as competitors are forced to drop their prices by the government.

      --
      Someone save me from this sanity.
  2. all I know.. by Anonymous Coward · · Score: 1, Informative

    Is I've worked on productions where the label buys up copies of their cd to go platinum.....

    how did everyone get so damn crooked????

    1. Re:all I know.. by tbone1 · · Score: 1
      how did everyone get so damn crooked????

      The real question is: between golf and income tax, how can people stay so damn honest?

      --

      The Independent: Reverend Spooner Arrested in Friar Tuck Incident - ISIHAC, Historical Headlines
  3. Don't by RedHatLinux · · Score: 1, Insightful

    fucking bother, the last thing we need is the government making a production out of an antitrust or price fixing case only to issue some limp dick fine, which proporitionally is less than what I pay for a speeding ticket.

    1. Re:Don't by CMiYC · · Score: 2, Funny

      ... but say "limp dick fine" on the radio or TV and you owe the FCC $500k.

    2. Re:Don't by EastCoastSurfer · · Score: 2, Funny

      Unless you're Oprah...

    3. Re:Don't by Anonymous Coward · · Score: 0

      Speeding ticket = fine to encourage you not to endager people's lives.

      Anti-trust fine in music industry = fine to encourage you not to overcharge people for products, the lack of which causes them no harm at all

      Methinks maybe the speeding ticket should be proportionally more than the anti-trust fine. ...not that I think the music industry should get away with it, but your analogy is broken.

    4. Re:Don't by CMiYC · · Score: 1

      I wasn't being funny.

  4. I Smell The RIAA... by mpapet · · Score: 2, Insightful

    I don't even have to RTFA to see that one.

    At what point does what the RIAA is doing constitute breaking some kind of law? Anti-trust maybe? Anyone have some insight into this?

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
    1. Re:I Smell The RIAA... by hkgroove · · Score: 1

      I don't know if it is the RIAA they would go after. Record Labels, or more appropriately, Executives could be indicted on conspiracy and price-fixing charges if it can be proven the Executives met to discuss an agreement on a fixed price to raise revenue / profit for all applicable parties. Though, that's my non-lawyer way of interpreting.

      If it's true, it sounds awfully familiar to Eichenwald's The Informant, which is about a price-fix scandal in the 90s (also with far reaching political ties).

    2. Re:I Smell The RIAA... by geekee · · Score: 1

      "I don't even have to RTFA to see that one.

      At what point does what the RIAA is doing constitute breaking some kind of law? Anti-trust maybe? Anyone have some insight into this?"

      Steve Jobs says all songs are worth $0.99, and it's the record labels that are being investigated for price fixing? I think we already know which monopoly is setting the price.

      --
      Vote for Pedro
    3. Re:I Smell The RIAA... by hkgroove · · Score: 4, Insightful

      Steve Jobs says all songs are worth $0.99, and it's the record labels that are being investigated for price fixing? I think we already know which monopoly is setting the price.

      What on Earth are you talking about? iTunes is one company with a set price - they set the price there because it's affordable for consumers. Price fixing usually happens at level outside of the common view. In this case: Sony, Virgin, Arista (whatever other shitty labels) are being investigated because there is speculation they are meeting to set the base price of their product in order to make more money.

      iTunes might have an agreement with Sony for $0.25 per song, while Virgin iTunes has to pay $0.28 per song (Yes, numbers I'm pulling out of my ass). iTunes still sells each for $0.99 . The idea here is that the labels are potentially meeting to rise the price up to an agreed upon price (say $0.60 per song - another number straight from my ass) to increase their bottom-line and force iTunes to raise their end-user price as well. This would give more viability for consumers to go back to buying CDs at the artificially high prices and not be able to save money when buying online.

    4. Re:I Smell The RIAA... by wile_e_wonka · · Score: 1

      Word.

      I was thinking though--I don't think the record companies are necessarily trying to push people back to CDs with artificially high prices, I think they're just trying to give online music just as high of an artificial price.

      I haven't purchased any CDs in a while--in general, is it harder to "rip" newer CDs now? Do they have funny copy protection things? Like what I'm asking is--if CDs and individual songs both cost the same price (like if a ten track CD cost $10), which would be the better deal (meaning, would the download be limited to 3 computers while I could rip the CD and keep in electronic form on all my future computers forever)?

    5. Re:I Smell The RIAA... by homer_ca · · Score: 1

      I know those numbers were just examples, but the record label's cut of a $0.99 download is already about $0.65. With that pricing the iTunes music store just about breaks even (Apple's profit is in selling iPods). The record executives think $0.99 is too low for a popular hit song, so they pressured Apple to raise prices and wanted more than $0.65 a song. Never mind that the labels are already making out like bandits at $.65 a song and $6.50 an album (for a $9.99 album off the ITMS). They don't make nearly that much royalties off a CD sale.

    6. Re:I Smell The RIAA... by glenstar · · Score: 1

      The vast majority of content from the majors is wholesaled at .70 now, not .65. In fact, several of the larger indies are also at the .70 rate. If retailers like iTunes drop the retail price any further they will actually *lose* money per sale. What the Justice Department is investigating has nothing to do with retail; rather it has to do with the possibility of the majors working together to make sure that the wholesale remains consistently at at least that .70 mark. I have seen the contracts... there is most definitely collusion.

    7. Re:I Smell The RIAA... by homer_ca · · Score: 1

      Thanks for the info about pricing. I find it hard to call it "wholesale", as if the labels were actually moving merchandise. It's more like sitting on their asses collecting royalty checks from songs they permit Apple to sell.

    8. Re:I Smell The RIAA... by glenstar · · Score: 1

      I somewhat agree about the "wholesale" term. But that being said, what else would one call it: it is an amount that you pay the label on every sale... very similar to what you would pay the distributor every time you sell a CD.

  5. Drive them to Piracy? by Anonymous Coward · · Score: 0

    Yes, of course, because simply by being an Apple product owner, we can truly be assured the person is not normally anti-corporate and/or given to illegal substances!

    I say, good chap, surely the girl in tie-dye and cargo pants at the Genius Bar is an optical illusion.

  6. The problem isn't pricing the problem is copyright by argoff · · Score: 2, Insightful

    I think the reality is that anti-trust problems and pricefixing problems are pretty much pre-destined anytime you have a monopoly, and when you have a government granted monopoly on copying and distribution (copyrights) it is a money back guarantee.

    It always amazes me to see all these people who are in-dignified about this when it's their own belief system in copyrights that pre-destined this to begin with.

  7. Put people in Jail this time by Anonymous Coward · · Score: 0


    fining them (and by proxy the customer) doesnt work
    you need to hurt them in order to provide an incentive not to do it again

    in the old days it was fear of death, but thesedays punishhment for a C*O is a million dollar parachute and a life in consulting and greater luxury that you will ever see,
    strip anyone caught of their assets (including their families assets) and they will soon think twice before treating their customers with such contempt

    might work for politicians too, though a long range rifle and a steady hand would probably be more effective

    1. Re:Put people in Jail this time by mark_hill97 · · Score: 1

      Can't we just send Dick Cheny after them with his trusty quail gun?

  8. Obviously by lucabrasi999 · · Score: 5, Funny

    Obviously, all of you just DON'T understand. In order to properly make a recording, not only to you need musicians and a producer; you need lawyers, agents, marketing reps, and dozens of other various hangers on. Without this huge support staff, then how else could you justify charging so much for a recording?

    1. Re:Obviously by Anonymous Coward · · Score: 0

      That's irrelevent.

      The wholesale prices for tracks are thought to range from 70 cents to 80 cents each.

      Wholesale price includes all of that, anything on top of that is profit.

    2. Re:Obviously by PrescriptionWarning · · Score: 0

      or instead of the artists becoming just another name on the list of sales, they could actually produce good music. If you've ever been to a good local band's show(or a local of somewhere else), you'll wonder how some of these other idiots ever get a CD at Best Buy. the answer comes from the whole monetary requirement to get that done.

    3. Re:Obviously by gEvil+(beta) · · Score: 1

      This post is far more insightful than funny...

      --
      This guy's the limit!
    4. Re:Obviously by Skapare · · Score: 1

      And don't forget the cost of having several members of Congress on your side ... lobbying, bribery, overseas travel, etc.

      --
      now we need to go OSS in diesel cars
    5. Re:Obviously by geekee · · Score: 1

      "Obviously, all of you just DON'T understand. In order to properly make a recording, not only to you need musicians and a producer; you need lawyers, agents, marketing reps, and dozens of other various hangers on. Without this huge support staff, then how else could you justify charging so much for a recording?"

      It's sad that the people who watch Love Monkey have a better understanding of the music industry than most people on /.

      --
      Vote for Pedro
  9. Worst quote ever by mcc · · Score: 5, Informative
    The full version of the quote, if you fill in the ellipsis, is:
    Justice Department has launched an official inquiry into possible price fixing in the online music industry.

    It is thought the probe will investigate allegations that music labels have colluded to fix the wholesale prices they charge online retailers such as Apple, which sells digital music through its iTunes website.

    "The antitrust division is looking at the possibility of anti-competitive practices in the music download industry," a spokeswoman for the department said.

    Last year, Steve Jobs, Apple's chief executive, accused the music industry of being "greedy" for wanting to raise digital download prices.


    Mr Jobs suggested such a move would drive owners of Apple's iPod, the hugely popular digital music player, to piracy, a problem that has cost the music industry billions in revenues in recent years.
    The way the slashdot article quotes this-- jumping right from talking about the justice department "launching a probe" to talking about Jobs complaining about "such a move"-- makes it sound like Jobs is objecting to the investigation.

    In fact Jobs is complaining about the behavior being investigated, I.E., Jobs is objecting to price fixing.

    Jobs has been vocal for a long time against attempts by the labels to try to forcibly raise online music sales.
    1. Re:Worst quote ever by Anonymous Coward · · Score: 0

      That's part my fault (I submitted the article) and part the Slashdot mod that reformatted my submission. I had closed the first quote and then opened the second, my use of the elipsis still wasn't technically correct but I wasn't trying to change the story or anything. I meant the quotes to be two highlights of what was being said and not to be tied together. The moderator also pulled my little commentary out from the end where I wondered aloud how it was a bit odd that there are price concerns when over 1000000000 songs have been sold via iTunes. Doesn't seem like the consumers share the concerns that the DOJ does here.

  10. Get the Message? by AKAImBatman · · Score: 4, Interesting

    Indeed. The message seems clear enough to me: "Don't f**k with Steve Jobs."

    The music industry tried to get greedy by forcing Jobs' to raise prices on music. He pushed back and told them it would kill iTunes. The music companies banded together and tried to force his hand. Now, suddenly, the justice department is interested in allegations of price fixing. Coincidence? I think not.

    1. Re:Get the Message? by bj8rn · · Score: 1, Funny
      Coincidence? I think not.

      George W. Bush owns an iPod Shuffle. Coincidence? I think not.

      --
      Hell is not other people; it is yourself. - Ludwig Wittgenstein
    2. Re:Get the Message? by DigiShaman · · Score: 3, Funny

      Quick! Someone get "W" a video i-pod. Then we can tell the MPAA to f-off. :D

      --
      Life is not for the lazy.
    3. Re:Get the Message? by Anonymous Coward · · Score: 0

      The message seems clear enough to me: "Don't f**k with Steve Jobs."

      Indeed. You might end up with a Lisa on your hands...

    4. Re:Get the Message? by P3NIS_CLEAVER · · Score: 0, Troll

      Would it be unusual for a big company to file a complaint with the DOJ about this type of behavior? You are crediting Steve but I wonder if this is just business as usual for large companies.

      --
      Please sign petition to restore sanity to our banking system!!!

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    5. Re:Get the Message? by ePhil_One · · Score: 1
      He pushed back and told them it would kill iTunes.

      I'm curious if he tried something more capitalistic, how it would work. Sell all the music for 99 cents, but give better placement to companies that agree to a smaller cut of the 99 cents, and drop any comapany that wanted more then 95 cents (or whatever they determine their minimum price is). Of course, I'm sure they are already selling the placements, you just have to tie it to compliance elsewhere.

      They are all playing hardball, Jobs controls the biggest distribution, but if he loses too many labels one of his competitors could easily overwhelm him, at the same time the labels can't risk not having their products on the biggest online distributor. They will try to band together, but there's big rewards for the distributor that doesn't break.

      --
      You are in a maze of twisted little posts, all alike.
    6. Re:Get the Message? by pllewis · · Score: 1

      Bush already has one http://www.cnn.com/2005/SHOWBIZ/Music/04/12/bush.i pod/, but is having a little trouble figuring it out.

    7. Re:Get the Message? by Gilmoure · · Score: 1
      --
      I drank what? -- Socrates
    8. Re:Get the Message? by Scarletdown · · Score: 1
      Indeed. You might end up with a Lisa on your hands...


      That wouldn't be a bad thing, considering how much collectors pay for Lisas. I can't access eBay from the base network here, so I don't know what the current going rate for these machines are, but over the past few years, Lisas have typically sold in the four and sometimes five digit ranges (and that's with all four or five of those digits to the left of the decimal point.)

      --
      This space unintentionally left blank.
  11. That's alot of free downloads... by MLopat · · Score: 2, Insightful

    So for what your government is spending your money on in running this inquiry, customers could sure have alot of free downloads. How much will this investigation cost? $10mil, $20mil? At the end of the day, you're getting screwed both ways -- paying for your music, and paying a government that keeps changing the copyright policies in the US to favor large corporations.

    1. Re:That's alot of free downloads... by mooingyak · · Score: 1

      Yeah, but if they don't spend it on this investigation, they'd just blow it on loose women and alcohol.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    2. Re:That's alot of free downloads... by Crazyscottie · · Score: 1

      So what exactly are you recommending? That we go to the RIAA and ask them to please be nice, and our problems will just vanish? It takes more than consumer complaints for these bastards to change.

      --
      Just because it can't be explained doesn't mean it isn't true. Science fits into reality... not the other way around.
  12. Fair practices require obligatory licensing. by Errandboy+of+Doom · · Score: 3, Interesting

    If you want to stop anti-competitive practices, digital distribution needs to adopt the rules of radio:

    Download services should have the right to sell any digital recording now, and compensate artists afterwards. There should be nothing "exlusively on iTunes" (or eMusic for that matter).

    Opening competition prevents unfair business practices (to some extent, anyway, worth a shot!).

    1. Re:Fair practices require obligatory licensing. by 99BottlesOfBeerInMyF · · Score: 1

      If you want to stop anti-competitive practices, digital distribution needs to adopt the rules of radio: Download services should have the right to sell any digital recording now, and compensate artists afterwards.

      Well, that might help with fair use if the RIAA can't specify what DRM is used, but I doubt that will ever fly. Also, this doesn't really address the abuse at hand, price collusion. What does it matter if Apple or Apple and 15 other places sell the song if the price of the song at all these places is artificially high?

    2. Re:Fair practices require obligatory licensing. by colanut · · Score: 1

      While I think I get your point. I'm not sure the statement:

      If you want to stop anti-competitive practices, digital distribution needs to adopt the rules of radio

      is a good way to start. Radio has never been a good place to look for healthy competition. However, the licensing strategy you are rightfully pointing out is to license all tracks equally to whoever is willing to sell. I think is noble but might not work the same way as licensing air play.

      A limited time exclusive is often a pretty good promotional tactic especially because it is subsidized to raise brand (co-brand) awareness.

      The sticky part is that there is collusion among the content owners (and artists are no longer the owners) over pricing, who can and can't sell and with which DRM.

      I find it interesting that I can price/feature compare small and indie label music on iTunes vs Bleep and make a choice between cheaper or drm free/higher bit rate. I don't know if that can be done with major label music.

    3. Re:Fair practices require obligatory licensing. by Rocketship+Underpant · · Score: 1

      "Download services should have the right to sell any digital recording now, and compensate artists afterwards."

      Interestingly, that's the law in Russia. As a result, Russian paid-download sites do a booming business, and the customer sometimes even gets to pick the encoding format.

      --
      He who lights his taper at mine, receives light without darkening me.
    4. Re:Fair practices require obligatory licensing. by kthejoker · · Score: 1

      Actually, radio is great for healthy competition, in broad strokes. Here in Austin we have at least 5 or 6 all-Spanish-speaking stations. I imagine there are quite fewer of those types of stations in North Dakota.

      Of course, due to the limited spectrum of radio, our choices within whatever tastes we may have (rock, hip hop, jazz, etc) are fairly limited, and limited markets tend to reward major players over independent labels. LUCKILY digital distribution doesn't have this limit, and thus every possible flavor of content provider is possible in a distribute first model.

      The key is that in a distribute first model, where any song can be played by any radio station, competition becomes less about content and more about the model of providing content (i.e. do you like the DJs on this or that station, which station has better promotions, which station skews slightly older/younger/harder).

      The same is true about online music distribution models - Napster gives you access but you don't own, Rhapsody and eMusic offer more indie label stuff, iTunes has the iPod, Yahoo! Music is like your personal radio station, etc etc the list goes on. And, if a true distribute first model were enacted, hopefully some more competitors could spring up, because they wouldn't be beholden to the specific burdens of any given label. More models, more choice, better market.

      Mod the grandparent up.

    5. Re:Fair practices require obligatory licensing. by jaydubscott · · Score: 0

      That would work fine, until the record label said "Hey we're charging you $50 for each song that you just sold for $.99"

    6. Re:Fair practices require obligatory licensing. by TheRaven64 · · Score: 1

      Here's a simple solution. Enforce the idea that copyright is a monopoly on distribution. If you have the copyright on something, you can describe the situations in which it can be copied but nothing else. You can not describe what devices people will use to describe it, what derived works people can make (although a license for a derived work may require a license for the original), or anything else.

      --
      I am TheRaven on Soylent News
    7. Re:Fair practices require obligatory licensing. by colanut · · Score: 1

      I agree in general broad strokes, but radio has been rife with payola scandals and mega-media mergers. That was the only thing I was pointing out, I suppose I should have used a smiley or something.

      Part of me would love to see lots of specialty on-line music stores, but another part, mostly my credit card, prefers one-stop shopping. But the point of the grand-grand parent is on target, that the barriers to entry should not be at the whims of the few distribution companies, but rather the innovation and service new comers can bring.

    8. Re:Fair practices require obligatory licensing. by geekee · · Score: 1

      "If you want to stop anti-competitive practices, digital distribution needs to adopt the rules of radio:
      "

      No, if you want to stop anti-competitve practices, force Apple to license fairplay. Problem solved.

      --
      Vote for Pedro
    9. Re:Fair practices require obligatory licensing. by Anonymous Coward · · Score: 0

      I will steal the one song that I like, long before I'll pay $20 for an album with 19 additional songs that I don't give a hoot and a damn for. Or, I'll pay $1 for that song. If the RIAA were to price things fairly, and not try to charge me 3x (once for the copy I have in my mp3 player, once for the original tract, and once for the copy on my computer). I liked the way Borland licensed its software like a book. Only one person could be reading the book at any one time, but any number of persons could read the book. As long as only one copy was running on one computer at any one time, it was OK.

    10. Re:Fair practices require obligatory licensing. by Anonymous Coward · · Score: 0

      What does it matter if Apple or Apple and 15 other places sell the song if the price of the song at all these places is artificially high?

      Don't allow the copyright holder to set the price. Instead, say that anyone can sell it, provided that they pay 50% of their profits to the copyright holder.

      Voila! No government-granted monopoly, and the copyright holder still gets rewarded for their work.

  13. Investigation is the interest of RIAA by Anonymous Coward · · Score: 0

    The most benefit investigating online music pricing would go for large labels, who have been trying to set different prices for different tracks, against Apple's 1 song 1 price model. It is in the interest of the big labels to be able to force Apple to sell certain song more expensively. If not with distribution negotiations, then with government initiated investigation.

  14. Yeah, right... by hellfire · · Score: 3, Insightful

    This administration has already proven it's unwilling to pursue anti-trust litigation. They managed to bury the single most important anti-trust suit of our time to date, and microsoft is still doing what they do in the US, while the rest of the world cracks down on them.

    Personally I think this is just that, an investigation, with little backbone or political will to see it come to court. It would detract from their "war on terrorism" and listening in on all their warrentless wiretaps.

    --

    "All great wisdom is contained in .signature files"

    1. Re:Yeah, right... by gEvil+(beta) · · Score: 1

      Indeed. They'll look into and conclude, "Nothing to see here. Move along." This will in turn buy the music industry about 10 more years before another investigation can even be launched...

      --
      This guy's the limit!
    2. Re:Yeah, right... by dpilot · · Score: 0

      You just have to twist your brain a bit to understand the current administration's logic with respect to anti-trust, etc.

      In my best Stephen Colbert imitation...

      These so-called "monopolies" got to their current positions by being successful. Shouldn't our society reward success? Anti-trust litigation is essentially punishing success. So are progressive tax rates, for that matter. These are IMPORTANT matters, and NEED to be fixed. In that light, this administration has done a good job.

      --
      The living have better things to do than to continue hating the dead.
  15. Easily... by davecrusoe · · Score: 1

    ... execs drive big cars (read: hummers) and man, it takes a lot of $ to fill those tanks...

    1. Re:Easily... by lucabrasi999 · · Score: 1

      Don't forget, those Execs each have at least ONE administrative assistant (back in the day, they were called secretaries). Think of David Spade in SNL (the recurring Dick Clark Secretary sketch).

  16. Oh please. by Fahrvergnuugen · · Score: 4, Insightful

    "piracy, a problem that has cost the music industry billions in revenues in recent years"

    Please, lets not jump to conclusions like this, ok?

    --
    Kiteboarding Gear Mention slashdot and get 10% off!
    1. Re:Oh please. by spud603 · · Score: 1

      No kidding. The jury is still *way* out on that point.

    2. Re:Oh please. by hotdiggitydawg · · Score: 1

      +1 Amen Brother

  17. Not fixed low by 77Punker · · Score: 2, Insightful

    $1/song as iTunes charges (I think) is hardly a good price. $12 for 12 songs is the price of an average CD. The best deal I ever got was "The Essential Clash" with some 40 (good) songs for $13. iTunes can't deliver that.

    1. Re:Not fixed low by dreamer-of-rules · · Score: 2, Insightful

      It's much cheaper to pay $1 for "War" if you never plan to get anything else by Edwin Star. There's lots of artists that it's worth getting only a couple songs from. For entire albums I go to CDBaby.com-- I'm boycotting the big labels.

      Piracy isn't an option for me. It's illegal, and it keeps the major labels in power by keeping their music popular and gives them a leg to stand on in court.

      --
      Everyone is entitled to his own opinions, but not his own facts.
    2. Re:Not fixed low by Maxo-Texas · · Score: 1

      Agreed. Songs from allofmp3.com sell for about 30 cents a piece.

      If I pay a buck a license I want them to record that license for the rest of my life and let me redownload the song for free once a year to whatever media I'm using at that time.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    3. Re:Not fixed low by Anonymous Coward · · Score: 0

      $1 doesn't seem so bad, I paid about $12 for my copy of Jethro Tull's Thick as a Brick on cd, and that has only one song!

    4. Re:Not fixed low by petsounds · · Score: 1

      I think what the parent poster is insinuating is that Apple is doing price fixing too. Not every song is worth $1.

    5. Re:Not fixed low by kidcharles · · Score: 2, Funny

      I agree, it's too much money, and for a compressed version at that. Basically the music industry has said: "Hey, we've reduced our distribution costs considerably, and to celebrate we're going to give you your music with lower fidelity and DRM tacked on for the same price as you used to pay. Enjoy!"

      --
      Ceci n'est pas une sig.
    6. Re:Not fixed low by larkost · · Score: 1

      But that is not "price fixing". That would be if Apple went to other online music distributers (such as Napster or any of the other "Plays for Sure" vendors) and made agreements with them that they should also have $.99 a track. It does not seem that they have. Apple has just made it policy that all single tracks sold through them are $.99. Competition is still allowed.

  18. What?! by Anonymous Coward · · Score: 0

    You mean to tell me that $0.00 isn't enough?

  19. Billions you say? by MrPeavs · · Score: 5, Interesting

    "piracy, a problem that has cost the music industry billions in revenues in recent years.'"

    I don't buy it one bit. I always find comments/stats like this to be funny. How does that go again, 76.34% of stats are made up?

    Whos to say that Redneck Billy Bob would really have paid for that Britney Spears album that had the song that he pirated? Or that your great aunt Ethal, really would had bought that Iron Maiden album from that song she pirated?

    I think these numbers are grossly exaggerated and most likely, just made up. How are you to statically calculate a loss of a non-material product that you are "assuming" someone "would have" purchased legally?

    The RIAA and MPAA need to get knocked off their little soap box and stop preaching their bullshit. It isn't like they aren't making enough money as it is, those fat cats pockets just keep getting bigger. Not to mention, established artists are not hurting either. The people that are getting hurt buy this are the struggling artists, that the music industry is already raping as it is. But do you hear these stuggling artists bitching, no, most of them are not. Most of them realize the more people that can hear the music, the more fans they are going to get. True fans that will buy their albums and support them.

    1. Re:Billions you say? by brufleth · · Score: 1

      Exactly! Their gorilla logic enables them to make up any value for "cost" that you want.

      It might surprise some them to learn that people take things that are free that they otherwise might not pay for.

    2. Re:Billions you say? by Lumpy · · Score: 1

      Problem is that the RIAA and MPAA have long standing numbers to back them up.

      Software companies have been making the wild-ass claims as to software loss value forever starting with Bill Gates and his famous tirade in the 70's.

      In order to upset the illigimate numbers that the RIAA are using you need to show that the software industry has been "full of shit" for the past 30 years as well.

      You and I know this as fact, but remember lawyers, government officials, and other rich people have been hearing this for so long they assume it is truth because they do not understand it and they have heard the lies so much and so long that they have become truth.

      That is the uphill battle that needs to be fought, and you have to undo 30 years of lies to simply get to square 1 to doscuss it.

      --
      Do not look at laser with remaining good eye.
    3. Re:Billions you say? by MrPeavs · · Score: 1

      You'd think that in court, a concept like this would get blasted out of water.

      I would not be able to get away with claiming taxable deductions on my taxes because if I didn't have to pay these high prices, I would have donated money.

      I guess it is the fat cats protecting the fat cats.

    4. Re:Billions you say? by Anonymous Coward · · Score: 0

      How does that go again, 76.34% of stats are made up?"

      71.65% of stats are made up out of thin air. Do your reasearch, bitch.

  20. new lower pricing model by digitaldc · · Score: 4, Insightful

    Do you think online music is priced fairly?

    No, and here is my suggestion:

    0.20 cents for each 128 kbps song
    0.40 cents for each 256 kbps song
    0.60 cents for each 320 kbps song
    0.80 cents for each lossless song


    The better the audio quality, the higher the price.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:new lower pricing model by 2nd+Post! · · Score: 1

      Shouldn't price also be concommitant with download size?

      So if a lossless song is 5x bigger than a 128kbps song, shouldn't it be approximately 5x more expensive?

      The lossless song should, at your rate, bet at least $0.99

      My own take is, after making my own DVDs and selling for a smattering of profit:
      $0.50 128kbps
      $0.75 256kbps
      $0.99 320kbps
      $2.99 lossless

      This doesn't follow that 5x pattern because I've included profit margins in each price category.

    2. Re:new lower pricing model by Renraku · · Score: 1

      My suggestion is to get some high-quality music in the first place. This Britney Spears stuff isn't going to cut it..

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    3. Re:new lower pricing model by gEvil+(beta) · · Score: 1

      You know, you're absolutely right. I should spend 30 to 40 bucks to get an album's worth of music as lossless downloads. Hmmm...On second thought, I'll just go out and buy the CD for 13 bucks...

      --
      This guy's the limit!
    4. Re:new lower pricing model by Kjella · · Score: 1

      Here's the problem: Take Apple's current 99 cents. Deduct what the label is getting (Why on earth should they decide to charge you less? Charity?). Deduct the fixed costs + marginal cost per artist Apple has with iTMS. The remaining ten cent is what you have left to play with when it comes to delivery. So your 128 kbps song costs 90 cents, and the lossless one 110 cents. Big fscking whoop.

      The problem is, your plan is a microscopic change in delivery and a huge slash in prices, given how many are willing to buy 128kbps today, I'd say 80%. It makes absolutely no sense from a business perspective. It's like saying to Microsoft "First, we start by cutting your prices by 80%, because I think that'd be a fair price." Newsflash: Prices are not set to cost, prices are set to what the market is willing to pay. You don't want to pay 99 cents, but enough people do. "Not fair" != "Not the price I want to pay."

      --
      Live today, because you never know what tomorrow brings
    5. Re:new lower pricing model by stalebread · · Score: 1

      here is my suggestion:

      0.20 cents for each 128 kbps song
      0.40 cents for each 256 kbps song
      0.60 cents for each 320 kbps song
      0.80 cents for each lossless song

      If the entire music industry followed those rules, it would still be price fixing. The prices need to be determined by the market, meaning that music companies should be competing with each other. Since online music prices are inflated, this would almost certainly drive the prices down.

    6. Re:new lower pricing model by Anonymous Coward · · Score: 0

      Or you can buy used CD's from a store like secondspin.com (no I'm not affiliated other than being a satisfied customer) for $6 or $7 and get the real deal. Then you can record to any format you want, lossy or lossless, to your heart's content.

      Sure they are used, but still in very good condition (some appear brand new), and the selection is incredible for a used CD store. With such a great service available (and that's not the only one), I just don't understand why anyone would buy lossy tracks over the internet for more. Is the itunes store really that convienient?

    7. Re:new lower pricing model by ConceptJunkie · · Score: 1

      Better yet, I listen to groups that routinely create 20-30 minute epics. I love the way everyone assumes a "song" or "track" is 3 minutes of music.

      --
      You are in a maze of twisty little passages, all alike.
    8. Re:new lower pricing model by thatkeith · · Score: 1

      This does remind me of AllofMP3.com's pricing structure: 2 US cents per megabyte, with a decent range of quality (hence relative size) options. As you say, the better the audio quality, the higher the price. But there it effectively equates to playback time rather than to tracks.

    9. Re:new lower pricing model by gEvil+(beta) · · Score: 1

      Don't get me wrong, if I could get Ornette Coleman's Free Jazz or The Orb's Blue Room in lossless format for 3 bucks each, I'd consider it a bargain. At 40 minutes each, though, they'd probably be priced considerably higher.

      --
      This guy's the limit!
    10. Re:new lower pricing model by Anonymous Coward · · Score: 1, Informative

      Is the itunes store really that convienient?

      Yes. From iTunes you can browse, buy want you want and have it on your ipod instantly. How long does it take to get a CD from wherever warehouse? Lets take a quick look at their shipping rate page shall we:

      CDs & DVDs & Games
      Shipping Method First Item Each Additional Item
        Standard (1-3 weeks) $2.50 $0.40
        Expedited (4-7 days) $5.25 $0.55
        Rush Delivery (2-4 Business Days) $9.75 $1.00

      So, you do the math. You can download what you want instantly, for 1$ a track or you can wait 1-3 weeks and get some used CD with 5 tracks you don't want. Are you new to entire concept of online music or something?

    11. Re:new lower pricing model by Inoen · · Score: 1
      When we buy music, the bulk of the price goes towards the music, the artists' work - and not distribution (for some artists/labels, a substantial amount is spent on marketing too). This is true for any kind of media (be it radio, CD, download, vinyl), but especially so for downloaded music. The online distribution costs are so low, that a more fair pricing would be:

      $0.20 for 128 Kbps
      $0.201 for 256 Kbps
      $0.202 for 320 Kbps
      ...you get the point

      Then we'd be paying a fair price for the distribution. It doesn't cost more to encode a song to 320Kbps than to 128Kbps. And it only costs marginally more to distribute and stock it.

      Having the price based primarily on the encoding quality sends the signal that we pay for the service (the shop) - and not the product (the music). Some people may agree with that view, but i certainly don't.

      On a sidenote:
      One of my favourite physical music stores does charge for service. They have pretty much everything interesting in stock, the staff there is very knowledgable, they chat with you about the music, tell you about new releases (that you might like), play some for you, while you have a cup of coffee. The other shop down the road is 10-20% cheaper, but i happily pay that extra for the service they offer.

    12. Re:new lower pricing model by Anonymous Coward · · Score: 0

      Music is such a commodity item, that we shouldn't be paying much more than the distribution costs. Yes, the artists and producers need to live, but they don't need to live in giant mansions. In fact, I would argue that allowing them to live in mansions for very effort has two negative effects:

      1. It provides a disincentive for talented musicians. They don't have to keep making music to survive. They just need to push out an album every once in a while if they feel like staying rich and haven't handled their money well. (You know - rather than really dedicating their lives to their work like the rest of us.) I'm not against them getting rich, but I think they should have to earn it. So far "earning it" has meant signing their souls away to the devil in order to take advantage of price-fixing and questionable radio practices. I'd rather see fewer rich musicians (and hangers-on) and many, many more musicians who are able to make a living at it.

      2. It provides an incentive for less talented musicians to push their crap on people. Granted, that incentive will always be there, but if its tougher to do, it will be less of an incentive.

      So, I'd like to see a pricing scheme where we essentially pay a flat fee to the artist (say $0.05-$0.99/song - whatever, artist's choice, but he/she is competing with other artists) and pay per megabyte for distribution (say $0.02-$0.05 -or- $4.95/mo, whatever, but they're competing with other services). The artist can pay the production costs (do-it-yourself, pay a studio, whatever they want/can afford - studios will also be competing) and advertising costs (which will also be competing for artists attention).

      Of course, I'm envisioning a free market where the RIAA can't price-fix or control radio.

    13. Re:new lower pricing model by ConceptJunkie · · Score: 1

      At 40 minutes each, though, they'd probably be priced considerably higher.

      Not on eMusic.com. I signed up in November because I discovered they don't use DRM. Of course, the downside is that the big record labels won't deal with them, but there's more than enough stuff on there to keep me on a $20/month subscription which gives you 90 songs.

      Heck, 3/4 of what I buy isn't carried by services like iTunes or Napster anyway (although that's starting to change). eMusic is like a library (at least for me)... you don't go looking for something in particular because they almost never have it. You go looking to see what they have and discover something interesting you'd never heard of.

      If you want Top 40, forget it, but if you want Top 40 you're hopeless anyway. If you are willing to take some risks (and when tracks are as low as 30 cents a piece, who isn't?), and explore, then eMusic is a great service. Since November, I've gotten about 50 albums and a couple dozen random songs and I've spent maybe $150... and a good bit of it is stuff I _would easily_ pay full price (i.e, regular CD prices) for.

      Regardless, the media companies need to realize that they have to compare the value they are providing with compact discs. They are essentially relieving you of having to go to the store, and of having to buy a whole CD of filler for one good track (something that's rarely a problem when you listen to music based on merit rather than what the musicians wear or how big their boobs are), you are trading-off quality and flexibility (because of DRM), and although it doesn't matter unless you are someone like me, selection. At best, that's an even trade. There's no sane reason why it should cost more, especially when most of the few overhead costs of delivering music are eliminated. And don't give me any crap about the artists not getting their cut. They don't get their cut from the labels now... a miniscule fraction of the price of a CD goes to the musicians who actually created it. 90% of it is markup by middlemen, much of which suddenly goes away. If 99 cents a track isn't good enough, then you need to learn how to add value. Jacking up the prices will, like Steve Jobs said, just send people back to piracy.

      --
      You are in a maze of twisty little passages, all alike.
    14. Re:new lower pricing model by 2nd+Post! · · Score: 1

      Well, we're talking about, say, a 5 minute song, at 5mb a minute, or roughly 25mb of download.

      It literally costs less to buy a CD because the bandwidth of a FedEx truck is in the thousands of terabytes, while the bandwidth of the average online store is probably only in the hundreds of gigabytes.

      If you literally want lossless, you need to pay for it somehow. That either means driving 10 miles to a store (at 20mpg, $2.50 a gallon, 10 miles is $1.25), plus the actual CD for $14 including tax... or you stay at home and download it and have it in an hour... or you order it online and have it shipped when it can get bundled with other orders in your area and arrives in 3 days... the money/time is spent somehow.

    15. Re:new lower pricing model by akac · · Score: 1

      Go, buy your 16-bit 44Khz CD. I for one would pay $3 a song for a 24-bit or higher 96Khz lossless song.

  21. Irony by Datasage · · Score: 3, Interesting

    Record Industry Buiness plan

    1. Fix your price at a point higher than what the market wants.
    2. Find comsumers who priate your music because they dont want to pay set price.
    3. Extort said persons for more than they would ever spend in a year for music.
    4. ???
    5. Profit

    They got it pretty good, they make money of those who acutally buy thier songs and make money of those who dont.

    --
    In America we are imprisoned by our fear of them.
    1. Re:Irony by rsborg · · Score: 1
      1. Fix your price at a point higher than what the market wants.
      2. Find comsumers who priate your music because they dont want to pay set price.
      3. Extort said persons for more than they would ever spend in a year for music.
      4. ???
      5. Profit

      I think the missing 4. ??? is really:

      4. Get everyone else who even think of pirating the music to agree that pirating (and getting sued) is less costly than buying overpriced music... and cash in on huge numbers of music listeners' fear.

      --
      Make sure everyone's vote counts: Verified Voting
  22. variable pricing can be a good thing by microbrewer · · Score: 5, Insightful

    Chris Anderson the Editor in Chief and the Author of the soon to be released Long Tail Book posted this on his blog last year why the labels need variable pricing and the fixed priced model is flawed and the reason that Steve Jobs opposes it is because hes in the business of selling iPods and the sale of iTunes music is only a secondary part of his business .

    Could the labels actually be right?

    Ipod_although it's tempting to assume that the evil record labels are once again trying to gouge us, there's some sense in their latest efforts to get Apple to abandon it's one-size-fits-all pricing model. A New York Times article over the weekend reported on the ongoing struggle between the labels and Apple over its fixed $0.99 price point. The labels would like to sell most new music for more--$1.49/track?-- while older or more obscure tracks could go for less.

    There's plenty to like about variable pricing. For starters, it's almost always the most efficient way to maximize markets of disparate goods and customers. As Barry Ritholtz puts it:

    It's a basic rule of economics: goods that have elastic demand (i..e, non essential) are highly price sensitive. Further, any item easily available for free (albeit illegally) will have an even bigger response to price increases.

    Apple has argued that single-price simplicity was necessary in the early days of the service, when people were just getting used to paying to download music. But now, after 500m tracks have been sold, we're clearly past the early adopter phase. So what's the right pricing model going forward?

    Most accounts of the dispute between Apple and the labels have focused on the industry's efforts to raise prices, which are undeniably a big part of their plan. No surprise there. The research we've been doing for the book shows that within the bulk of the online music business--the top 100,000 downloads--only 3.5 tracks on the average CD sell. So the record labels are getting less than $3 in revenue (wholesale) from albums when the music is sold by the track. That's less than half the wholesale price of a CD (although with none of the physical costs of making and distributing a CD). The shift from an album model to a track model is indeed an alarming thing for the labels, and it's easy to see why they'd want to raise retail prices online as a result.

    But there's more to the story that that. The labels may be evil, but they're not (all) stupid. They--to say nothing of many of their artists--also see the virtues of dropping the price for lots of their music, too. For decades they've been playing with CD pricing models that range from cut-price classics to top-dollar boxed sets, and when freed of the overheads of traditional retail, they're likely to experiment more, not less. Although some of the more vocal commentators have encouraged Apple to hold the line at $0.99, there's a strong argument that introducing variable pricing might ultimately lead to a more consumer-friendly outcome.

    The reason is simple Long Tail math: there's a lot more music in the Tail than there is in the Head, and labels are generally more willing to experiment with discount pricing outside of the top 1,000 than they are with their hits. Those niches represents most of the music available today, measured by number of titles, and because they're only modest sellers individually they're less likely to create channel conflict with CD retailers, who tend to only stock the hits.

    Imagine, for starters, that Apple introduces a three-tiered band of pricing: $1.49, $.99 and $.79 (that would no doubt soon expand to include $.49, but below that the transaction costs of credit card processing and the like start to loom large). Tiered pricing--gold, silver, bronze--is still pretty simple for consumers to understand, yet it introduces a valuable new dimension of demand creation.

    Rhapsody, for instance, saw demand triple last year when it cut prices in half, to $0.49. And the average usage per customer in the all-you-ca

    1. Re:variable pricing can be a good thing by pxuongl · · Score: 1

      the average price of music won't go down with variable pricing. let's say that 90% of all music downloaded is popular and new music and that the other 10% are older tracks and less listened to stuff, while the total of all music offered sits at a 10% popular music to 90% are older tracks ratio. and let's assume it's $0.50 for older tracks and $1.50 for popular and new tracks. under a straight weighted average and your assumption where "it's not hard to see how the average price might actually fall in a year or two, thanks to the number of titles in the discounted niche/back catalog categories vastly outnumbering the more expensive hits", then the average price of a track would fall as more music is being added. That price would be, under the above assumptions, $0.60 a track. all and good right? no, not right. what makes a difference is not how many tracks are available for download, but what the average price is when u weight it on -what's- being downloaded. So, if 90% of all music downloaded is popular music, at $1.50 a pop, and the other 10% is the not so popular stuff, at $0.50 a track, then the average price per track goes up... or, with the above assupmtions, $1.40 per track. and do you honestly think that music that's popular, irregardless of age, will be relegated to the bargin bin at bargin bin prices? why would an -any- executive lower the price on -any- product that's selling a million units a year for the 10 years at the same price?

    2. Re:variable pricing can be a good thing by ronanbear · · Score: 1

      Could the labels actually be right?
      Of course they could. But they aren't. There's a small problem with that interpretation of the long tail argument. The labels make enough money from 99 cent downloads already on popular songs and they say they want to make more money by selling more copies of less popular songs for less money.
      They could easily do that already. If they told Apple that they wanted to make some songs cheaper and leave popular songs the same there wouldn't have been so much of a problem. They'd still make all that money from the long tail. This way they could increase their revenue from the long tail. Instead they have their hearts set on increasing prices and offering a carrot of dropping prices on their most worthless songs. They aren't even pretending that average prices will drop.
      They don't care about customers and anyone who thinks they do are naive. Hell if they think their price model is so great they should try it on the other music stores and see how well it does. Oh wait they know that it won't work unless they force all the big stores to do things their way.
      There's nothing good about variable pricing except that a large number of CDBaby artists would be able to sell all their songs for less money and hopefully grow a larger fanbase.

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
    3. Re:variable pricing can be a good thing by DrJimbo · · Score: 4, Insightful
      Chris Anderson said:
      As long as prices can go down as well as up, I'm confident that market forces will eventually reveal the right set of models. And I'm even more sure they will confirm that no one model is right for everyone and every song.
      You raised some good points and almost had me fooled until I got to your last paragraph.

      The article was about a government investigation into possible monopolistic price-fixing in the online music industry. Your point seems to be that variable prices are a good thing assuming market forces are at work and there is no monopolistic price-fixing.

      The music industry in America is controlled by a monopoly called the RIAA (Recording Industry Association of America). Their monopolistic power has been increased by obscenely repeated extensions to the duration of copyright protection handed down by our corporate owned Congress.

      Are you claiming that despite this obvious monopoly and despite all of their monopolistic practices in the past, there has been some magic wand passed over the Internet so their monopolistic power won't be used there? Or are you claiming that since market forces are magically at work on the Internet, there is no need for this government investigation? Or are you making the circular argument that market forces are working because you've assumed that market forces are working?

      Even if we ignore assumptions about market forces, some of the particulars of your argument are not well thought out. Here is an example: you say:

      ... but below [$.49/track] the transaction costs of credit card processing and the like start to loom large ...
      If someone were to offer to sell me legal, good quality music at say $.10/per track, I'd be willing to give them a small deposit (say $5 or $10) so that they only have to charge my credit card after every 50 or 100 downloads. This solutions actually cuts down the credit card overhead by a factor of 5 or 10. I find it hard to accept you as a credible proponent of "long tail math" when your recommended price points ignore such obvious and simple solutions.

      I agree in theory that variable prices in a free market could be a good thing. But I strongly disagree with your (perhaps unstated) assumption that our current system is a free market. The obscene copyright laws and the RIAA's iron-fisted monopolistic control make it anything but.

      --
      We don't see the world as it is, we see it as we are.
      -- Anais Nin
    4. Re:variable pricing can be a good thing by jaydubscott · · Score: 0

      From what I remember, the Labels were suggesting a pricing structure that changed from "all songs are $.99" to "all songs are at least $.99, with some up to $1.99".

      I have a difficult time believing that the record labels will agree to drop the price on older songs.  They already have people willing to pay 99 cents, so they're not going to let anything go for less than that.

      The other problem that they have is that by lowering prices over time, you have more people who will just wait until the price goes down to purchase, just like with video games.  This practice will force them to raise the price on new music even higher to compensate.

      No one will come out of this system better except the record labels, who now will be able to price-fix to their hearts content.

    5. Re:variable pricing can be a good thing by BaseSequence · · Score: 1

      The labels would like to sell most new music for more--$1.49/track?-- while older or more obscure tracks could go for less.

      The older or more obscure tracks could be sold for less, but I would predict they would go for...99 cents.

    6. Re:variable pricing can be a good thing by Anonymous Coward · · Score: 0
      A New York Times article over the weekend reported on the ongoing struggle between the labels and Apple over its fixed $0.99 price point. The labels would like to sell most new music for more--$1.49/track?-- while older or more obscure tracks could go for less.

      Yes, "could". But won't. The RIAA is just looking for a way to increase the amount of money it gets from the artists it "invests" the most amount of cash in promoting. If variable prices were introduced to itunes, then all the new releases (and any songs that are popular) would be priced at $1.49. Over 99% of the rest would be at $0.99 and a handful of songs that no-one really wants would be $0.79 This is the RIAA's idea of variable pricing.

    7. Re:variable pricing can be a good thing by robotpants · · Score: 1

      Check out allofmp3.com?

  23. Its called price fixing by blibbler · · Score: 2, Insightful

    and it creates a monopoly-style pricing situation.

    Imagine if Intel and AMD got together and agreed to not sell CPUs for less than $500. Suddenly you would have to pay much more for a computer, and Intel and AMD would get much higher profit margins. As long as they keep to this agreement, people who want to run an x86 computer, don't have a choice but pay the extra.
    The reason the prices are so low for most CPUs at the moment is because of the competition between those two manufacturers.

    The suggestion is that the large music companies, rather than trying to compete against eachother on price, have an (informal?) agreement on what they will sell their music at, somewhat above their actual cost.

    One important difference is that music companies don't compete on price as much as they compete with their "artists". No matter how low a britany spears album is priced, I won't buy it.

    1. Re:Its called price fixing by TimTheFoolMan · · Score: 1

      Or, imagine Microsoft and some PC manufacturers agreeing to always bundle Windows with every machine, regardless of whether a consumer wants to buy it or not.

      Wait...

      Tim

    2. Re:Its called price fixing by Anonymous Coward · · Score: 0

      Why would someone imagine that when thinking about price fixing? That has absolutely NOTHING to do with price fixing.

      Wait...

      This is Slashdot, where the comprehension of simple ideas is near nonexistent.

      You, sir, are a stupid fucking faggot.

    3. Re:Its called price fixing by TheRaven64 · · Score: 1
      Imagine if Intel and AMD got together and agreed to not sell CPUs for less than $500

      Then IBM would resurrect its line of x86 CPUs and sell them for $3-400. The trick with price fixing is to make sure that your price is something the market will bear (if only just), and sufficiently low that you keep the barrier to entry in your market sufficiently high. 99p/track is very low from the perspective of a small-scale band. If you are only selling a few hundred tracks, it is difficult to break even (not counting live performances). If you are in a large music label, however, you make a large profit since your investment is fairly constant irrespective of your sales.

      --
      I am TheRaven on Soylent News
    4. Re:Its called price fixing by TimTheFoolMan · · Score: 1

      I missed the part where I said that bundling Windows was price fixing.

      Wait...

      I guess you made that part up.

      I was implying that some level of price fixing had already been done, in much the same way that the anti-competitive practice of bundling the OS had already been done. BTW, if you're wanting to insult someone, at least use a barb that hasn't been tossed at me lately, such as:

      - You, sir, are a T1 line of pure stupid.
      - You, sir, must be a brain transplant donor.
      - You, sir, have a boot ROM with a bad checksum.
      - You, sir, have an eight-bit stack.

      Tim

      P.S. Explanations of these insults are available upon request.

    5. Re:Its called price fixing by Anonymous Coward · · Score: 0

      Are you kidding me? Of course I'd buy them!

      Oh, you mean audio cd, not picture cd. Nevermind.

  24. billions in revenues? by Anonymous Coward · · Score: 0

    you mean "billions in potential revenues"

  25. The prices must be fixed! by Anonymous Coward · · Score: 2, Insightful

    No more cd media costs.
    No more cd container costs.
    No more printed liner costs.
    No shipping costs.
    Drastically reduced distribution costs.

    And it ends up costing me more than ever to download a wrapped physical CD worth of music that has been shipped to a retail location.

    Something is not right here.

    1. Re:The prices must be fixed! by pxuongl · · Score: 1

      No more cd media costs.
      No more cd container costs.
      No more printed liner costs.
      No shipping costs.
      Drastically reduced distribution costs.
      Profit on cd-r tax
      Profit on cd-burner tax
      don't forget cd levies on every cdr and every burner sold, which we all pay irregardless of whether music or private person data is being burned onto them.

    2. Re:The prices must be fixed! by VoxCombo · · Score: 1

      In the US, the royalty is only on specially marked "music CD-Rs". This is the only kind which will work in component burners (eg, burners that don't need a computer that are just for music). The kind you use in your computer does not include a royalty, nor does the burner in your computer.

    3. Re:The prices must be fixed! by VoxCombo · · Score: 1

      The physical media and packaging on a major label release amounts to about $1 per CD. The distribution and all the other stuff you mentioned amounts to less than a few dollars per CD.

      Let's say that comes to a total of $4 saved by distributing online. Apple charges $10 for a full album, and a physical CD- well, it depends on where you live, but in upstate NY I pay about $14-$16 usually.

      That sounds pretty consistant to me

    4. Re:The prices must be fixed! by pxuongl · · Score: 1

      the world is bigger than the US

    5. Re:The prices must be fixed! by Anonymous Coward · · Score: 0

      the word is "regardless"

      there is no such word as "irregardless"

    6. Re:The prices must be fixed! by Anonymous Coward · · Score: 0

      Regardless, irregadless has been adopted into the casual lexicon much like the word flammable. Langauge is a fluid, organic folkloric construct that ebbs and flows much as the tide, or some giant, fleshy blob.

    7. Re:The prices must be fixed! by VoxCombo · · Score: 1

      This article is about something happening in the US

  26. The free market is injured right now. by CyricZ · · Score: 1

    Indeed. Their attitude towards Microsoft, Sony, and the recording industry highlights how truly un-free market the Republicans (and Democrats) are.

    While the free market is a truly remarkable beast, it at times does fail. Even the most diehard libertarian recognizes that fact, and accepts that sometimes extramarket forces are needed to correct such failures.

    Corporations are often considered a free market aberration. They allow for monopolistic and oligopolistic situations to arise, and such situations are often not good for any market. We end up seeing situations where one company (or a small group of companies) can basically hold an entire industry hostage, not to mention wronging their customers repeatedly.

    That is why those who truly support the free market do support government intervention. The market has failed, such failure is obvious, and thus it does require some help to get working again. Unfortunately, it is doubtful we will see the current administration, let alone any in the near future, taking the necessary actions.

    --
    Cyric Zndovzny at your service.
    1. Re:The free market is injured right now. by bigtrike · · Score: 1

      Even the most diehard libertarian recognizes that fact, and accepts that sometimes extramarket forces are needed to correct such failures.

      Well, not quite all of them...

  27. ...Wait a Damned Minute... by Mekkis · · Score: 1

    ...Didn't I remember reading an industry publication about the fact that iPod/iTunes users are actually less likely to engage in piracy than non-iPod/iTunes user? That the rate of piracy amongst iPod/iTunes users is estimated at between ~5% to ~15%, while non-users are estimated around ~60%?

    This sounds to me like the RIAA is throwing a tantrum and wielding its legislative power to force Apple to increase prices on iTunes like they've been bitching about for the past year or two. "What? 99 cents a song? That's not enough of a profit margin for us! We want to charge people $2.50 per song!" So they claim "price fixing" and "unfair pricing" so they can have an excuse to sue Apple into allowing them to dictate the sale prices.

    Problem is that the RIAA is keeping to an obsolete sales scheme. Increasing prices for music downloads decreases the incentive to buy and increases the incentive for piracy. The whole effing point of iTunes is to provide a sales forum where prices are low enough that users consider the risk/benefit ratio to be in their favor (i.e., buying versus piracy).

    Dog in the manger syndrome, anyone?

    1. Re:...Wait a Damned Minute... by Secrity · · Score: 1

      "This sounds to me like the RIAA is throwing a tantrum and wielding its legislative power to force Apple to increase prices on iTunes like they've been bitching about for the past year or two. "What? 99 cents a song? That's not enough of a profit margin for us! We want to charge people $2.50 per song!" So they claim "price fixing" and "unfair pricing" so they can have an excuse to sue Apple into allowing them to dictate the sale prices.

      The RIAA has no inherent legislative power, it has to buy legislation. The US Justice Department, which has no legislative power, but it can enforce laws, is investigating the record lables for price fixing. Sellers cannot claim illegal "price fixing" and "unfair pricing", only the buyer (Apple in this case) can do that. It is illegal for a group of producers (record lables in this case) to get together for the purpose of setting prices, and this is what the Justice Department is investigating. It is perfectly legal for Apple to refuse to pay the prices that the lables are asking.

      Say that you go into a store and find some shirts that you want, and the asking prices are between $15 and $20 for each shirt. You tell the store manager that you want to buy the shirts, but you will only pay him $12 per shirt. The manager can tell you that the prices are fixed, decide to sell you the shirts for $12 each, or he can counter your offer. If the manager will not sell you the shirts at the price you are willing to pay, you are perfectly free to walk to another store. If the store managers were to get together and set the prices that they will sell their shirts for, this is illegal, and this is what the Justice Department is investigating.

      Steve Jobs had told the record lables what he was willing to pay per song, which is legal; the record lables allegedly got together and tried to fix their prices, which is illegal. It would not have been illegal for the record lables to individually tell Jobs at what price they would sell their songs. In that case, Jobs could pick and choose which songs he would buy. Jobs had made the decision that he would sell all songs for 99 cents, that pretty much indicated what he was willing to pay the lables per song. The hazard here is that one or more lable could end up pricing itself so high that it would not be sold on iTunes (I understand that at least one lable has refused to sell music to iTunes).

  28. Not payign for less quality. by Anonymous Coward · · Score: 0

    I will never pay to download a lossy file. Sadly some of the russian sites offer a large amount of lossless files. While the legal ones don't

  29. Re:What I want to know. by windex · · Score: 0, Offtopic

    Commit suicide. Then you don't have to choose, and two new losers will gain access to untapped ass resources.

  30. Copyright price fixing by Anonymous Coward · · Score: 0

    Of course they are price fixing. The Copyright is the price fix!

    The Copyright Act of 1790, An Act for the Encouragement of Learning, by Securing the Copies of Maps, Charts, and Books to the Authors and Proprietors of Such Copies, was modeled on the Statute of Anne (1710). It granted American authors the right to print, re-print, or publish their work for a period of fourteen years and to renew for another fourteen.

    Sonny Bono Copyright Term Extension Act of 1998 extended protection from life of the author plus fifty years to life of the author plus seventy years.

    That means a work can be price fixed for 140 to 300 years, compared to the original 28 years.

    Every time you walk into a Barnes and Noble or Borders, everything on all those shelves is just information that is artificially inflated to a length of time longer than the US has existed.

  31. Fixing of 'Online' Music Pricing?! by segedunum · · Score: 1

    Bloody hell, there's price fixing of all music! When you buy a CD at any given store, how often can you get it cheaper than anywhere else?

    I wouldn't be suprised if this was initiated by Microsoft because their WM stuff is having a hard time............ *Puts tin foil hat firmly on*

  32. If they are going to investigate music pricing.. by bill_kress · · Score: 1

    Why not look at CD pricing? They have been fixing this crap for decades. Why do we NEVER see market aberrations? We should see the occasional new CD come out for $5.00, right? Everyone involved would still make money, so you'd figure there would HAVE to be a label out there trying to undercut the others this way--at least an ATTEMPT.

  33. Because Jobs has such pull with the Federal gov't? by Infonaut · · Score: 2, Insightful

    Coincidence? I think not.

    Given the fact that Apple lost its lawsuit against MS, the DoJ abruptly dropped its case against MS when Bush came in on his first term, and Al Gore is on Apple's board, I find it unlikely that Jobs has much pull with the federal government. That said, Apple is a major force in the tech economy right now, so the feds might be willing to give Jobs more of an ear than usual simply because he runs a high-impact, successful company.

    --
    Read the EFF's Fair Use FAQ
  34. Move the fuck on. by Anonymous Coward · · Score: 0

    This story IS NOT about Microsoft. Jesus, not everything at Slashdot revolves around Redmond, most, but not all. Sure, most of Slashdot's ad money comes from Microsoft, but this ISNT a Microsoft web site. Move the fuck on.

  35. how about this by Anonymous Coward · · Score: 0

    how about music companies offer downloads at the prices they would like to offer downloads. and if we do not like the price, we do not buy. seems simple enough. it's not like we are talking air or water here.

  36. Re:variable pricing ... people will just wait. by fahrbot-bot · · Score: 3, Interesting
    Music and movies are commodities and need to priced as such. Their respective inductries need to realize this.

    The problem with this variable pricing, based on the product's age, is that many (most?) people will simply wait until the price of the item drops to purchase it. Just like DVDs.

    How many people now skip seeing a movie in the theater and buy the DVD? How many of those wait 6 months after the DVD release for the price to come down?

    The movie industry still mainly counts only the opening box office receipts as the guage of a movie's success. Who's to say the music industry doesn't do something similar.

    --
    It must have been something you assimilated. . . .
  37. A system that understands... by drumt · · Score: 1

    www.allofmp3.com... 192kbps for $.012USD Life is good!

    --
    um... Moby Dick, live version. Bitchin' drum solo.
    1. Re:A system that understands... by MooUK · · Score: 1

      Regardless of the legality of it, if you're going to buy music from allofmp3, you may as well pirate it for free, since the artist still gets nothing EITHER way.

    2. Re:A system that understands... by Anonymous Coward · · Score: 0

      US Copyright law allows "importation for the private use of the importer and not for distribution, by any person with respect to no more than one copy or phonorecord of any one work at any one time"

    3. Re:A system that understands... by MooUK · · Score: 1

      I did specify "regardless of the legality of it".

      It doesn't matter here whether it's legal in your place of residence; it does NOT change the fact that the artist gets no reward.

    4. Re:A system that understands... by meringuoid · · Score: 1
      Regardless of the legality of it, if you're going to buy music from allofmp3, you may as well pirate it for free, since the artist still gets nothing EITHER way.

      Ah, but the pirate networks are full of incomplete, low-quality, low-bitrate, wrongly labelled, or downright fake files. Plus viruses everywhere. Meanwhile allofmp3.com provides unencumbered, technically legal, high-quality files at a very low cost. It's worth it to save the hassle.

      --
      Real Daleks don't climb stairs - they level the building.
    5. Re:A system that understands... by MooUK · · Score: 2

      ..unless, of course, you get music from sources that dislike low-quality incomplete files.

    6. Re:A system that understands... by Anonymous Coward · · Score: 0

      Ah, but the pirate networks are full of incomplete, low-quality, low-bitrate, wrongly labelled, or downright fake files. Plus viruses everywhere. Meanwhile allofmp3.com provides unencumbered, technically legal, high-quality files at a very low cost. It's worth it to save the hassle.

      I took a look at allofmp3.com recently, and was very impressed by what I saw. Choice of format, no proprietary DRM - ignoring the legality and the price, it's outright superior to iTunes, except for the latter's smooth integration with the iPod.

      If we had a free market in online music, allofmp3.com is a good example of the sort of sites I think we'd see. Increase the price (hell, double it!) to give a bit to the artists, and let the rival music sites fight it out around the 2-3c price mark.

  38. what?? by O_at_TT · · Score: 1

    You mean to say that setting the price of a song at 99 cents, regardless of duration, regardless of who the artist is, regardless of how popular it might be as long as it comes from a major label is considered price fixing??

    [shocked] No! Way!

    Oliver / http://www.treasuretunes.com/

  39. Copyright Paradox by Nymz · · Score: 1

    That is sort of odd, how some people complain about the negative effects of extreme copyrights (protectionist laws) but then think the solution is yet... more protectionist laws.

    That would be like passing legislation to make OS requirements (like no bundling), because you hate MS, but then those very regulations in effect limit competition, thus turning MS into a real monopoly.

  40. Complete bullshit. Apple is price fixing by geekee · · Score: 0

    Record labels want to stop price fixing of online music. The want spearate pricing for each song, depending onit's popularity. Apple is the one that thinks every song should cost $0.99, and want to force all record labels to take their cut from this revenue.

    --
    Vote for Pedro
  41. My thoughts by Widowwolf · · Score: 1

    You know anyone who really looks at the situation, it is obvious that the RIAA is wanting these investigations to happen. If they get their way, they can force itunes to either use tiered pricing or not and lose lots of money.

    Ever since i was young, CDs have been outrageously priced, and when all you wanted was 1 to 2 songs off an album, you are still paying what 3-4 dollars for a "single", 1 song remixed 4 times(and shitty remixes at that) or every once in a while they throw you a good track other then that single.

    Personally I do not hear the difference between Lossless and 196 bit rate songs. I am no audiophile and yes i use my ipod with my white headphones. They are comfortable. Plain and simple. If they want to do tier pricing, all done by bit rate, I almost guarantee a lot of people will not be buying lossless, just in cost factor

    If this goes through, I do not believe you will see any songs at less then $0.99 , you will just see popular songs go up in price. The one truly sad thing about 1 tier pricing like this is any Independant artists songs are going for the same price all the rest of the crap is there for..

    If you go through every CD you own right, how many songs out of the total do you like, and will listen too. Even on my favorite bands soundtracks, there are 2-4 songs i don't like. This is why they want to make more money..Now you don't have to buy the whole caboodle, so they need to make all their xtra profit somewhere.

    The other problem is Amounts of sales from Albums. The RIAA cant just buy up stocks up CDS to get their artist recognized anymore Like they used to. You know what happens to those CD's? Most of the time, they are either given away or resold at concert venues.

    --
    ~~"Of course, that's just my opinion. I could be wrong." ~~Dennis Miller
  42. Re:This raises an interesting question by Anonymous Coward · · Score: 0

    so blind people can hate them too!

  43. umm by BitterAndDrunk · · Score: 1
    I bought the second Black Rebel Motorcycle Club CD the week it came out for $5.99

    Unfortunately, it was worth every penny.

    --
    You better watch out, there may be dogs about . . .
  44. DOH EXCUSE ME??? by Spy+der+Mann · · Score: 1

    Mr Jobs suggested such a move would drive owners of Apple's iPod, the hugely popular digital music player, to piracy, a problem that has cost the music industry billions in revenues in recent years.

    OK let me fix that for you.

    Mr Jobs suggested such a move is a problem that has cost the music industry billions in revenues in recent years.

    THERE! :D (Don't thank me, it was my duty)

  45. Re:The problem isn't pricing the problem is copyri by Tiger4 · · Score: 1

    Copyright isn't the problem. Copyright is what allows creative people to believe thier stuff won't get pirated as soon as it is exposed to the public. If you think DRM and licensing is a nightmare now, think what it would be like if there were no legal framework for ti to work within. Content owners could and would demand any kind of onerous restrictions to be sure they didn't get reamed by their own customers.

    The problem (among others) is high price. By demanding high prices in the face of easy alternatives, copyright owners are encouraging piracy. Most folks would be happy to get a legitimate copy of something, and therby help the creator, if the price was "fair". You never see anyone go to a library and copy a whole book, even though it would be marginally cheaper than buying the same book at some local store. And the reason is the margin is so low that the benefit of a properly bound book is worth the extra few dollars. DVD and CD manufacturers need to take a lesson.

    By the way, ever notice that the retail price of a CD and of a DVD are about the same? We know the music CD has far less data on it, and costs less to produce at the studio to stamping plant stages. Even if unit sales of each are comparable, the CD should be cheaper, probably by a factor of 10 or more (CD studio cost ... $1M , DVD studio cost ... $30M). Music people have no one but themselves to blame for piracy. It is just payback for the gouging they do on a regular basis, even at WalMart.

    --
    Behold, this dreamer cometh. Come now, and let us slay him... and we shall see what will become of his dreams.
  46. David and Goliath? by buckyboy314 · · Score: 0

    While I do respect this action, I find it disappointing that it was instigated by Apple as opposed to an independent consumer. It is now up to companies with lots of clout (e.g. Apple in this case, Google in expanding the public domain against ownerless copyrights, and Microsoft in decrying Sony's rootkits) to uphold the greater good! More and more, money==power.

    1. Re:David and Goliath? by Jerry+Rivers · · Score: 1

      I read TFA and nowhere did it say that this investigation was instigated by Apple, but nevertheless your point about money and power is a valid one. In this case though it appears the DOJ may have been as much influenced by Eliot Spitzer's probe as it was by Jobs' complaints about music industry greediness.

      --
      The pursuit of absolute tolerance leads to the most rigorous and ludicrous intolerance. - REX MURPHY
  47. Wholesale vs retail. by no_opinion · · Score: 1

    Note the labels set wholesale pricing, not retail pricing. This means Steve Jobs is the one who determines tracks will be $.99. There are, in fact, different price points for the same music if you go to other legitimate download stores. For example, Walmart.com charges $0.88 for the same tracks iTunes has.

  48. how low a britany spears album is priced by dpilot · · Score: 1

    I dunno... If it gets cheaper than skeet, and fits in the launcher.

    PULL!!

    --
    The living have better things to do than to continue hating the dead.
  49. A genre issue by ericlondaits · · Score: 1

    The "$.99 a song" model favours punk records with less than 2 min a track over symphonic rock extravaganzas that would deliver eighty solid minutes of music at $2.97 How's that for market distortion?

    --
    As a Slashdot discussion grows longer, the probability of an analogy involving cars approaches one.
  50. They need to price based on demand by Maximum+Prophet · · Score: 1

    iTunes should base it's pricing on demand. The first 1000 downloads of an unknown artist would be free, but the new U2 track before the album is release could sell for $10 or $20. Think how much scalpers get for tickets to a sold out Rolling Stones concert.

    Since this is online, it prices could move in realtime, ala Max Headroom's TV ratings system.

    This is similar to how airlines price their tickets. They have steep discounts on lesser routes on days when most people don't fly, but business traveler routinely pay $600 for the same flight someone might pay $49.

    In fact, using the airline model, fans could pay for songs before they are performed and get a steep discount. (or a refund if it never is released) This way a few thousand fans can guarantee a niche artist a living in a way the current model never could.

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    1. Re:They need to price based on demand by pxuongl · · Score: 1

      ya, and to make things equal, if we want to use the airplane model, then we'll all have to get in long lines and submit to background checks to make sure we're not looking to do anything illegal with the music before we download it. then, we'll need to sit in a long queue while the music sight doles out tracks on at a time, double checking to make sure we're who we say we are. and also under the airplane model... for people who download a particular song just once, they'll pay $20, while those who want to download multiple copies of the same song will get big discounts, say $5 a copy in quantities of 4 or more.

  51. what are you smoking? by geekee · · Score: 1

    "If they told Apple that they wanted to make some songs cheaper and leave popular songs the same there wouldn't have been so much of a problem. They'd still make all that money from the long tail."

    No. If they make songs cheaper, Apple still sells them for $0.99, and Apple makes more money. Do I need to dig up quotes for you where Steve Jobs says all music should cost $0.99.

    --
    Vote for Pedro
  52. Re:The problem isn't pricing the problem is copyri by vertinox · · Score: 1

    Copyright isn't the problem. Copyright is what allows creative people to believe thier stuff won't get pirated as soon as it is exposed to the public. If you think DRM and licensing is a nightmare now, think what it would be like if there were no legal framework for ti to work within.

    I dunno... If copyrights disapeared tomorrow, people would still make movies, play music, and write books.

    In fact it might improve the industry by getting people out who are doing nothing but writing and producing crap just to make money (Uwe Boll anyone?)

    If no one made money off their works, then only true artists would continue doing so. Performances would continue and people would live off commisions by people who pay the artists directly.

    As of right now, most artists don't receive enough royalties as it is from the labels to make a living even if they sell millions. The only real benefit of selling CDs means you end up selling out shows and selling t-shirts. But they aren't mutually exclusive...

    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  53. There is no competition for music by Maximum+Prophet · · Score: 1

    Much like movies, there's not a lot of competition for music. Most people see all the good movies that come to the local movie theaters, and most people buy all the music that appeals to them. We live in an affluent society.

    Unless you're poor (12%), or a starving student, when you go into a music store, you look for the one good album you want. You might browse, but rarely do people pit one good album against another for their dollars.

    The record and movie companies has a goverment back monopoly on the specific items they sell. Other industries use branding to differentiate themselves, but with music Sony has a completely different catalog than say, Warner Music.

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  54. Offtopic, not a troll by Anonymous Coward · · Score: 0

    The parent is offtopic, not a troll. If I was lying it may, possibly be a troll but I really am wondering as I'm goign to see the new chick tonight. Suicide is not an acceptable answer.

  55. Re:MOD PARENT DOWN. - come on folks! by dpilot · · Score: 1

    I already pursue your "substitute goods" for music. IMHO, that's not the greatest ill.

    There are 2:

    1: RIAA (and MPAA, for that matter) are busy buying legislation effectively giving them veto power over the electronics industry. The most likely consequence will be to further push the electonics industry off of US soil. Maybe I don't have to buy their stuff, but if they get this veto power, it endangers my job.

    2: The Constitution identified patents and copyrights with an eye to the common good, with the intent that both were to enter the public domain after a "limited time," and become fodder for future arts and invention. My favorite quote, though perhaps not directly applicable, is Isaac Newton. (probably a botched paraphrase) "If I see further, it's because I stand on the shoulders of giants." Copyrights and patents granted "limited monopolies" to keep inventors inventing and artists artisting, and THEN to contribute basis for future works. NOT to guarantee contuing income for any person or corporation.

    --
    The living have better things to do than to continue hating the dead.
  56. copyrights and economics by argoff · · Score: 2, Insightful

    What are you talking about. Just because people can use substitute goods and can't get any price they want, doesn't mean that there isn't price fixing and anti-trust behavior.

    If the RIAA manage to extract $20 for a CD or $.99 a song from your neighbor despite the fact that you can put your own music for free or for $.10c on the net then MORE POWER TO THE RIAA. It's called MARKET POWER. It means that they have invested the time and effort to make their product worth what the market is willing to pay. You and I may not like sylvia browne's shite books or britney's shite music, but they have managed to convince the market that they are worth paying over the odds for them.

    Well the problem is that the RIAA can't extract that much, so instead they try to kill alternate distribution chanels while screaming bloody murder about incentives and property rights. Well bullshit. Alot of people make it investing their time and effort without a little personalized government monopoly, in fact most artists do, because only 1% of 1% benefit from the way the copyright system is set up now.

    The basic economic phenomenon here has NOTHING to do with copyrights ....

    If I artifically restricted the natural supply of food to people arround the world because "I had no incentive", most people would see that as the pure economic evil that it is. But when they restrict the natural flow of information, then oh my God "It's a RIGHT !!! " ... Well bullshit, it's not a right and has everything to do with economics.

    1. Re:copyrights and economics by geekee · · Score: 1

      "If I artifically restricted the natural supply of food to people arround the world because "I had no incentive", most people would see that as the pure economic evil that it is. But when they restrict the natural flow of information, then oh my God "It's a RIGHT !!! " ... Well bullshit, it's not a right and has everything to do with economics."

      The "natural supply of food to people around the world" is restricted. If you don't believe me, try walking into a supermarket and taking some food without paying for it. The rights to information aren't much different than other rights. It pretty easy to steal anything if laws don't exist to protect property.

      --
      Vote for Pedro
  57. Re:Its called an OLIGOPOLY by dwandy · · Score: 2, Informative
    Then IBM would resurrect its line of x86 CPUs and sell them for $3-400. The trick with price fixing is to make sure that your price is something the market will bear (if only just), and sufficiently low that you keep the barrier to entry in your market sufficiently high.
    Actually all you need is a barrier to entry: copyright gives the RIAA the barrier that ensures that no one else sells "their" songs. As long as the RIAA retains copyright, they can retain control of artist's access to the fans, and they will retain their monopoly.

    Courtney Love said:

    record companies figured out that it's a lot more profitable to control the distribution system than it is to nurture artists. And since the companies didn't have any real competition, artists had no other place to go. Record companies controlled the promotion and marketing; only they had the ability to get lots of radio play, and get records into all the big chain store. That power put them above both the artists and the audience. They own the plantation.
    She goes on to say that the internet removes those gates; but it doesn't quite do so, because of copyright...

    For the Intel/AMD collusion, and the entrance of IBM with a cheaper chip, we would need to arrive at a 5th major label who was not only willing to undercut the existing majors, but could attract sufficient talent to become a major label. Others have tried - I'm not holding out hope.

    --
    If you think imaginary property and real property are the same, when does your house become public domain?
  58. 88 cent tracks from WalMart by bodland · · Score: 1

    Are encoded in IT sweatshops by 10 years olds fededing disks into double spin CD-ROM drives attached to 386 computers.

  59. Forget $.99 by Anonymous Coward · · Score: 0

    mp3search.ru 10 cents a track.

  60. Taxpayers by PhYrE2k2 · · Score: 1

    Who do you think is paying for Bush to download his music? I'm sure it's on his work computer with a good white-house credit card number.

    Just be happy that iTunes is easy to use- could you imagine how many hours (and how much less would get done around here) if Bush had to download torrents in order to get the latest bee-bop hit?

    -M

    --

    when you see the word 'Linux', drink!
  61. That's a good one... by danpsmith · · Score: 1
    "piracy, a problem that has cost the music industry billions in revenues in recent years.'"

    Right, and what statistician came up with this number? It doesn't take a mathematical genius to see that there's not only an x factor here, but a y and probably z and alpha beta gamma factor here.

    How do they even know how much people are downloading? Some traffic is encrypted, some isn't, there's no way they are monitoring every traffic type. So there's one thing. If they even managed to grab that statistic, how do they know what percentage of this is piracy? A lot of it could be legitimate use, even bittorrent gets used on linux distributions. Let's say they grabbed that number too, how do they know what percentage of this piracy is music piracy versus games piracy, or application piracy, or ebooks, or movies, or whatever? Even if they came up with that, how do they know the person who pirated the music would've bought it.

    I understand that they have calculated that they should've grown x% last year and instead they lost y%, but there could also be other factors that play a role in that. Growth could simply slow of its own accord. People could've already bought all the CDs they wanted and didn't buy as many this year. How about maybe a lot of people don't like the new music coming out? Or maybe a lot of people bought indie or underground releases and listened to them instead of the latest offerings from the crapaganda kings like Sony and Atlantic. There's no way they know even one of these factors because other than random polling you couldn't even estimate. The average person probably doesn't even know how much they would've spent if they didn't download a few bittorrents here or there, what they would've bought and wouldn't have, so who knows?

    For years your corporate musical sponsors have gotten away with relaying garbage albums put together by elected pop princes and princesses with one popular song that people like and a bunch of gibberish in place of the rest of the album. Then they'd charge 15 dollars a CD even though it cost them 25 cents because your 11 year old daughter simply had to had the latest Shitney Spears album. Well, now all of that is coming back to haunt them. The consumer has another option that involves paying the amount that this kind of trash is worth: $0.

    --
    Judges and senates have been bought for gold; Esteem and love were never to be sold.
  62. Re:your sig by Hosiah · · Score: 1

    You, uh, DO realize that cyber-sex parody was born, played, and panned out within the space of 16 minutes in 1994, right?

  63. Re:The problem isn't pricing the problem is copyri by Anonymous Coward · · Score: 0

    No, it isn't. The RIAA labels have no monopoly on music. My friends in Posamist are coming out with their first commercial CD next week (the first 4 were free; you can get MP3s at their web site). My other friends from The Station have 2 CDs out. Still more buds from Inspected By Twelve (don't know their URL, sorry) have a CD out as well.

    In fact, the last two dozen CDs I've bought are from local bands; friends, acquaintences, and strangers. There are likely more non-RIAA CDs for sale than there are from the big four.

    What they DO have a monopoly on is radio. THIS is what should be investigated.

    -mcgrew

  64. A futures market then... by bodland · · Score: 1

    The 12 o'clock commodities report on 1280 a.m. Witchita...

    Key Today in the futures market from the Chicago commodities exchange, porkbellies are up three on strong market demand, "Black Eyed Peas" are down 2 on general digust over soiled pants, Winter Wheat is steady and "Cold Play" is up 1/2 on a modest Pitchfork track review, corn is down one half and "Korn" is up 3/4 with annoucement of summer tour. Those are the big movers so far to day tune in at 1:30 for the current action in the futures market. Now back Mark Stephans for today's weather outlook and almanac.

  65. Re:Because Jobs has such pull with the Federal gov by JWW · · Score: 1

    Speaking of politics an Apple:

    Apple really seems to be above the fray of politics. You mention Al Gore on the board of Apple, but Rush Limbaugh has talked about hi Powerbook on the air before and podcasts his show. Up thread from this message its noted that Bush has an Ipod.

    So heres what I think. Jobs' reality distortion field doesn't care what your political persuasion is. And back on topic, for those of us under the influcence of the field, we know iTunes = good, Record Companies = bad.

  66. Re:MOD PARENT DOWN. - come on folks! by dwandy · · Score: 1
    Economics 101: even if I have a monopoly on, say, pineapples, I can not arbitrarily set the price of pineapples to whatever the heck I want and expect people to pay for it.
    Economics 102: If you have a monopoly you can charge more and/or offer less than if you were in a competative environment.

    Ah, but the slashdot-esque wanker conspiracy idiot replies: "the RIAA owns the whole orchard!"
    Maybe not the whole orchard - certainly a good chunk of it. More importantly they have a virtual lock on marketing (radio play, payola^WIndependant Promotors), an absolute lock on distribution of existing materials (by way of ....copyright!), and a (partial) lock-out of material that isn't theirs (by way of controlling the physical distribution channel - it is difficult for an independant to get a retail store to carry their material). What this means is that if you want to play, you need to pay the RIAA man, and he dosen't give you a hell of a lot back...
    if we were to accept the highly highly specious argument that there are no substitute goods for "music"
    Actually there is no substitute for music, in the same way that there is no substitute for clothing. While you can certainly decide to increase and decrease your budget (yes, to zero, but then you do without) there is nothing that replaces music. You can replace Country Music with Rap Music, or Canadian Music with African Music, but books, movies and walking in the park is not a substitute for music.
    It's called MARKET POWER
    Regardless of how much you capitalise it, it's acutally called MONOPOLY POWER (derived I will grant you from the Oligopoly ...so perhaps it's called !!!!OLIGOPOLY POWER!!!!)
    It means that they have invested the time and effort to make their product worth what the market is willing to pay.
    Acutally they've invested precious little time or effort into the "product" (you must be in the industry to call it "product"?). The artist, on the other hand has (possibly) devoted his/her life to this - touring, writing, doing artist type stuff... That the RIAA gets to profit while the artists don't is reprehensible. What the RIAA has put time and effort into is ensuring their continued monopoly over music distribution.
    The basic economic phenomenon here has NOTHING to do with copyrights - save your juvenile rant for another day and another thread and learn some basic economics before you around proclaiming your ignorance in six foot high letters.
    wow. who's ranting?
    Ok then - as someone who admits they are not an economist, I will defer to a couple of people who have Phd's in economics. If you dare, click on the link in my sig and feel free to read Against Intellectual Monopoly by Michele Boldrin and David K. Levine. You might see things a little differently after reading it.
    --
    If you think imaginary property and real property are the same, when does your house become public domain?
  67. Re:The problem isn't pricing the problem is copyri by spectral · · Score: 1

    I saw a music cd of the soundtrack for one of the shrek movies retailing for more money than the dvd (sitting two shelves over) of the movie, which HAD THE SOUNDTRACK, properly integrated in to the movie. Did it really cost them MORE to take the music, NOT ADD VIDEO OR VOICES, shove it in a SMALLER container with a CHEAPER disc, and sell it to the SAME distribution channel? Christ. Sorry, that rant has been building up for a while :P

  68. Re:The problem really is copyright by dwandy · · Score: 1
    Copyright isn't the problem. Copyright is what allows creative people to believe thier stuff won't get pirated as soon as it is exposed to the public.
    Actually copyright creates a monopoly situation which by definition increases the price and decreases the supply. Copyright is unnecessary for creators - it is necessary for middlemen (who contribute nothing to creativity) and for companies/people who want to stop creating (but keep collecting checks). It's the middlemen and the lazy that argue for more and longer protections - like the 1998 20yr extension to copyright that was retroactive. Anyone care to explain how granting longer protection terms to existing works is going to increase the amount of creativity? hint: since these works were already made, no further incentive is necessary...

    If you're interested in what I mean and/or want to debate these points, read Against Intellectual Monopoly by Michele Boldrin and David K. Levine first.

    --
    If you think imaginary property and real property are the same, when does your house become public domain?
  69. Forget $.10 by Anonymous Coward · · Score: 0

    Gnutella (Limewire, Shareaza, BearShare, etc.) every track free

    AND content creators get the same compensation as they do from mp3search.ru and allofmp3.com!

  70. Can anyone actually hear the difference? by balloot · · Score: 1

    I've read so many posts about how Apple is totally screwing consumers with 128kbps songs that I had to check out the difference. For various reasons, I have a handful of songs in my library that I have both ripped from CD and bought from iTunes (CD was lost then found, or borrowed from friend after buying online, etc.). So I sat here this morning and listened to exact duplicates of the same song for a couple different songs - the only difference is that one was ripped @ 192 kbps and the other is 128 kbps AAC. Now, I have Computer speakers that are not that expensive ($150 or so JBL speakers) but that is pretty representative of most people that are "fools" for buying music online.

    So here's the kicker - I sat here playing a bunch of songs with my girlfriend standing over my shoulder. NEITHER OF US COULD TELL THE DIFFERENCE. Not even a little bit.

    So to get back on track - for most of the population, you would have to be a complete retard to pay twice as much for a 256 kbps song than you do for a 128 kbps track. Most of us don't own and will never own equipment that can differentiate the two. And you would have to have had a frontal lobotomy to consider paying 4x as much for a lossless track when I seriously doubt many audio devices can even take full advantage of the 256 kbps bitrate. So Apple will NEVER price the tracks this way, and people who think that is a good idea are about as intelligent as those aforementioned frontal lobotomized folks.

    1. Re:Can anyone actually hear the difference? by Moo+Moo+Cow+of+Death · · Score: 1

      Just a quick question, were you using a media player that could actually play above 128k quality?

    2. Re:Can anyone actually hear the difference? by balloot · · Score: 1

      I assume iTunes can...

    3. Re:Can anyone actually hear the difference? by lachlan76 · · Score: 1

      The bitrates mentioned before were MP3 bitrates. a 128kb/s AAC is roughly equivalent to a 192kb/s MP3.

      Try comparing the bitrates with MP3. If you want to *really* hear the difference, find something which uses one of MP3s weak points (I think white noise is the main one, so something with flute for example would work quite well for this).

    4. Re:Can anyone actually hear the difference? by WWWWolf · · Score: 1

      It's weird how I didn't hear anything odd when listening to a "normal"-quality iTunes-CD-ripped AAC on Apple hardware (ie, the normal speakers of a PowerBook) but did hear a lot of wrong stuff on my own computer (ie, a Linux PC with a SBLive and crappy headphones). On Linux, I usually listen to Vorbis files with -q6 (ie, pretty high bitrate).

      The only place where I could hear any artifacts in the AAC was a quiet place in the recording, though. Background noise was amplified into an audible hiss. (Though I'm not sure if Apple's decoder has noise remover somewhere; FAAD probably doesn't have one =)

      But yeah, I've frequently heard the difference in bitrates. Vorbis at -q3 isn't very good for electronic music, I've noted, some of the sounds get garbled weirdly. But Vorbis works really nicely for most music at -q6.

  71. that's completely bogus by fribhey · · Score: 1, Informative

    "iTunes can't deliver that"
    that's completely bogus, have you even looked at the itunes music store?

    from itunes:
    James Brown: 20 All Time greatest Hits! = 20 songs for $5.99 = $.30 per song

    from your best deal you ever got:
    Essential Clash = 40 songs for $13 = $.32 per song

    there are also other good deals to be found on itunes if you bothered to look:
    Best of Pixies = 23 songs for $9.99
    Neil Young Greatest Hits = 16 songs for $9.90
    U2: Pop = 12 songs for $6.99
    NIN: downward spiral deluxe edition = 27 songs for $11.99

    --
    / http://suffocate.us
    / http://johngrayson.com
  72. My two cents... by Anonymous Coward · · Score: 0

    I think the whole music industry needs a wake-up call. Most music out today is awful and is not worth the money charged to buy the CD. If all illegal copying of music stopped tomorrow I think the music industry would not see an overly large increase in sales. People are willing to take something that they can get for free that they would never be willing to purchase if they had no other choice. I think the copying does allow music to be more widely distributed and allows more people to be exposed to it. I have purchased many CDs because I was able to listen to the music and decided I liked it.

  73. This should be a slam dunk by ta+ma+de · · Score: 1

    Isn't pricing by country evidence enough of price fixing? Why are songs sold through itunes in Japan a different price than the US? Why is the UK different? Why is Soviet Russia different ... Uh, nevermind about Russia. I hope M$ and Apple both insert a huge anal probe into the RIAA -- neither one of them like there deals (I'm just guessing, maybe they do like the deal). I hope that DRM is found to be a monopoly making technology and is banned. I also hope that the beggers get to ride.

    1. Re:This should be a slam dunk by Anonymous Coward · · Score: 0

      WTF? prices for ANY product are driven by how much people are willing to or can afford to pay. (except in 100% socialist economy OR in case of essential goods). if people in japan won't pay $1/download or can pay more than that, then the producer is losing market and will adjust the price to maximize the profit.

  74. Re:MOD PARENT DOWN. - come on folks! by mumblestheclown · · Score: 1
    You are directing me to boldrine and levine? The most laughed at economic analysis of IPR in the last 50 years?

    I will summarize boldrine and levine for you in the following statement (if i remember their nonsense correctly - I remember laughing my ass off reading their crap while I was completing my PhD):

    "We have a great new idea that will make traditional Intellectual Property mechanisms obsolete! It's called 'doctrine of first sale.' The way that it works is >>> SOUND AND FURY SIGNIFYING NOTHING, HANDWAVING, HANDWAVING, IGNORING OBVIOUS PROBLEMS AND INCOMPLETENESS, A BIT OF JARGON, PAY NO ATTENTION TO THE MAN BEHIND THE CURTAIN READ their paper. Go on - do it! I mean seriously sit down and read their paper. To quote jay and silent bob, it's fucking clownshoes. I guarantee you that if you approach it with an open mind, you will see that there's really nothing there other than half of an idea that, unfortunately, without the other half is incomplete.

  75. don't they fix prices everywhere? by HelloKitty · · Score: 1

    I mean, why else would I find a $22 cd at musicland/samgoody?

    freakin rediculous. and they wonder why people pirate.
    The price point is right around $10.
    Make it that, and I will buy CDs again.

    It's that simple.

  76. don't they fix prices everywhere? by HelloKitty · · Score: 1

    I mean, why else would I find a $22 cd at musicland/samgoody?

    freakin rediculous. and they wonder why people pirate.
    The price point is right around $10.
    Make it that, and I will buy CDs again.

    It's that simple.

  77. Terrible for Emerging Artists by fir5t+psot! · · Score: 1

    $0.99/song is a terrible business model for emerging artists. If I were actively trying to expend my fanbase, I would want to be able to distribute my music through iTunes to potential fans at a much lower unit cost than, say, Jay-Z or Tom Petty would. Because distribution and packaging costs are zero and supply is unlimited, I would want to make my iTunes tracks available at a cost just high enough to cover Apple's bandwidth and turn a small profit. Production costs are small because modern technology is cheap. Very excellent albums can be produced for just a few thousand dollars if the artist is creative and enterprising. These facts become less valuable to emerging artists, however, if they are forced to price their tracks equal to established ones. In some ways it operates contrary to the intent of the copyright system in the first place, which is to incentivise the creative process. The market would be healthier if Apple didn't force listeners to choose between proven and unproven commodities priced at the same level.

    1. Re:Terrible for Emerging Artists by robertjw · · Score: 1

      I don't actually use iTunes, so I'm not 100% sure on this, but I thought some items can be added for free. I know podcasts can be added to iTunes and the vast majority of them are free downloads. If your true motive is to get the music out there giving (some) tracks away would be an option. I can't imagine reducing the price would get someone to purchase music from an artist they have never heard. OTOH, if someone is a fan of your music, $0.99 isn't a bad price.

  78. You don't understand economics by geekee · · Score: 0, Troll

    "By the way, ever notice that the retail price of a CD and of a DVD are about the same? We know the music CD has far less data on it, and costs less to produce at the studio to stamping plant stages. Even if unit sales of each are comparable, the CD should be cheaper, probably by a factor of 10 or more (CD studio cost ... $1M , DVD studio cost ... $30M). Music people have no one but themselves to blame for piracy. It is just payback for the gouging they do on a regular basis, even at WalMart."

    What something is worth is due to supply and demand, not how much data is on the disk or how much the original costs, or whatever. So why is music more expensive per bit than a movie. Maybe because a person who buys a cd will play it many times while most people only want to see a movie once, so the demand for owning movies is lower than owning music.

    "Music people have no one but themselves to blame for piracy. "

    That's intelligent. Blame the victim. Msuic producers have the right to set whatever price they want. You don't have the right to just take something because you can't get it at a price you want.

    --
    Vote for Pedro
    1. Re:You don't understand economics by Tiger4 · · Score: 1
      "That's intelligent. Blame the victim. "

      Thanks, I try to cut to heart of things.

      "Msuic producers have the right to set whatever price they want. You don't have the right to just take something because you can't get it at a price you want"

      They have a right to be pirated too, but I don't think they enjoy that one nearly so much as the right to set prices. You have a right to leave all your worldly possessions unguarded and open to the public. But you'd be a fool to expect them to stay there overnight. Piracy isn't about their rights, it is about economics, as you say. The music and movie companies could put the pirates out of business tomorrow. Just make a legitimate copy cheap enough for the market to shift in their favor. The same market that encourages alternate acquisition (piracy) will encourage legitimacy as soon as they price themselves back into it. They (and you) can't cry "Free Market" one moment and expect people to line up for a monopoly on the other.

      --
      Behold, this dreamer cometh. Come now, and let us slay him... and we shall see what will become of his dreams.
  79. Re:MOD PARENT DOWN. - come on folks! by wkitchen · · Score: 1
    Absolute and total RUBBISH.

    Economics 101: even if I have a monopoly on, say, pineapples, I can not arbitrarily set the price of pineapples to whatever the heck I want and expect people to pay for it.
    Ah. So because there is a practical upper limit to what a monopoly can charge, monopolies aren't really a problem. Is that what you're arguing? That anything short of infinite gouging potential is just fine?

    Hmm.. maybe that's not what you meant at all (though it certainly sounded like it). If not, then exactly what monopolistic or anti-competitive practices would you consider problematic?
  80. Welcome to the future: Now RIAA-free by MacDork · · Score: 1
    In order to properly make a recording, not only to you need musicians and a producer; you need lawyers, agents, marketing reps, and dozens of other various hangers on.

    Not anymore :-)

  81. The Essential Clash? As in Sony International? by MacDork · · Score: 1

    The Essential Clash huh? From Sony? Rootkit fiesta Sony? I think I'll pass. Regarding 12 songs for $12... albums are $9.99 at iTMS. 12 songs from 12 different albums... $12 bucks. RIAA style? $12 x 12 albums == $144.

  82. To really play hardball ... by jc42 · · Score: 2, Insightful

    Jobs should have iTunes give not just the price, but also a list of how much goes to iTunes, the recording company, and to the artist.

    That would get the message across really fast.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    1. Re:To really play hardball ... by ePhil_One · · Score: 1
      give not just the price, but also a list of how much goes to iTunes, the recording company, and to the artist.

      Because the record company/artist split is far more nebulous a thing (has the artist recovered his advance? Has the bonus X kicked in yet?), and in the end its the result of a contract the artist signed with the company. I don't really care how much of the 99 cent cheeseburger goes to the farmer that raised the beef, versus the guy who flipped it in the back; all I really care is that it cost me 99 cents and it is a tasty burger. Why should I care that Madonna gets 35 cents for an iTunes download and Sinead O'Connor get 3 cents? If I want "Nothing Compares to You", I'll buy it.

      --
      You are in a maze of twisted little posts, all alike.
  83. Re:MOD PARENT DOWN. - come on folks! by mumblestheclown · · Score: 1
    Fair question. Here's the correct answer:

    Put in absolute terms (for simple argumentation): A monopoly/oligopoly only has "relevance" if it controls something that has no substitutes.

    Put in more intelligent terms: The fewer legitimate substitutes there are for a given good, the (socially) "worse" a monopolistic/ologopolistic supplier of that good is.

    Therefore: a monopolist who controls the worlds oxygen supply would be far worse than one that controls the world's pineapple supply.

    I dont think any reasonable person would have trouble with the above.

    My point is that the RIAA are a heck more like pineapple monopolists than oxygen monopolists (well, oligopolists). Here's why:

    • what they provide is strictly entertainment. there is no critical need for their product.
    • while they may attempt to, perhaps unfairly, limit access to certain distribution channels, the reality is that a) the internet provides a distribution channel for any competitor b) there are plenty of independent labels should an artist wish to sign with them c) CD printing and publishing is cheap for anybody to start their own label/distribution chain d) much megabytage has been spent here loudly proclaiming the channels that the RIAA does have sway over (say, the record store at the mall) to be on the verge of irrelevancy and extincion anyway.
    • there are many alternate ways for a person to listen to music besides listening to an RIAA artist. if one feels that one MUST listen to an RIAA artist, it is ONLY because the RIAA has convinced you through marketing and other means that that artist is worth listening to. In other words, you the consumer have indicated a preference despite the fact that you had many alternatives available. Nobody said you have to listen to "XTina."
    • music does not exist in a vaccuum. It competes against other forms of entertainment for your discretionary income. you have a CHOICE whether to accept their proposition of $20 CDs (or whatever) or to use that money some other way.
    In other words, the RIAA, if it is a price fixing oligopoly, is a relatively socially harmless one. Unless your life is so empty, that is, that you feel that listening to RIAA artists is a NEED and that you really have no choice in your life but to pay what they ask. In which case the problem is less the RIAA, but more your lack of a life (I say this generically, not to you in particular).
  84. Re:variable pricing ... people will just wait. by metamatic · · Score: 1
    The problem with this variable pricing, based on the product's age, is that many (most?) people will simply wait until the price of the item drops to purchase it.

    Like me, for example. I won't pay more than $12 for a CD. I wait for CDs to drop below that price on half.com or whatever.

    Now, how is this a problem for the music industry? Are you suggesting it would be better if I just didn't buy the CD at all, or pirated a copy?

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  85. Bad edit! by RomulusNR · · Score: 1

    The bad editing of the post suggests that Jobs says the U.S. investigation is a bad move. In fact Jobs was saying that the attempts of record companies to pressure Apple to selectively raise prices on songs was bad.

    --
    Terrorists can attack freedom, but only Congress can destroy it.
  86. Peanuts? by seven+of+five · · Score: 1

    I don't get it.

    ITMS just passed 1 billion downloads after being in business a few years. That's barely $1B to Apple - as revenues. The major labels' cut can't be bigger than ~ $100M each. That's for online sales for a few years. Contrast that with Billion-dollar CD sales, merchandising, etc, per annum for any given major label.

    Sounds like they're either fighting over peanuts or they're playing the long view & hoping this will ramp up to some real numbers years down the road.

  87. Awesome name for a band by Anonymous Coward · · Score: 0

    "Limp Dick Fine", heh.

  88. Not Trolling? Prove it... by dwandy · · Score: 1
    I mean seriously sit down and read their paper.
    well ... I have read it. And it certainly doesn't seem like fucking clownshoes to me. While I admit I'm not an economist, I think they make some very strong points. Their use of concrete examples doesn't look like hand-waving to me. I saw little jargon (hell, I could follow it, and I'm no economist) nor did I see problems of incompleteness. If anything, they were fair and balanced, pointing out the differences between systems that included and didn't include IP. I can definately see that the current world situation fits their analysis. Patents are definately grinding innovation to a halt - if that's not evident then you need to have another look.
    So, you're claiming some kind of Phd? ... well, if you actually have something in the way of genuine critique, rebuttle or can show factual errors in their work (other than your eloquent fucking clownshoes and oh so clever CAPTIALISED CLOWNSHOES) I'll certainly read it -- even though I'm beginning to suspect that you're just a troll...if anyone here is doing the hand-wave, it's you dude...
    --
    If you think imaginary property and real property are the same, when does your house become public domain?
    1. Re:Not Trolling? Prove it... by mumblestheclown · · Score: 1
      http://minneapolisfed.org/pubs/region/02-09/napste r.cfm

      Read the section "the critics."

      If you can come up with a reason why Paul Romer's critique is wrong, then you might have a leg to stand on. However, if Romer's critique is correct, as virtually everybody acknowledges that it is, then Boldrin and Levine's paper remains "clownshoes:" an academic exercise that may be "an eye opener" (or some other non-specific "praise" that the paper originally got), but without any basis in reality or applicability whatsoever. Simply put: you'd be damned hard pressed to find a person who actually believes that the doctrine of first sale actually could work.

      It boggles my mind that you couldn't instantly see this problem with B&L's thesis if you actually read the paper.

  89. Still not convinced - is that the best? by dwandy · · Score: 1

    It boggles my mind that you couldn't instantly see this problem with B&L's thesis if you actually read the paper

    Well ... it boggles mine that you've actually read their paper and don't agree with it: especially if this article is the best critique of it you could find. If their theory is fucking clownshoes there should be ample contrary evidence. And the reason doctrine of first sale works is because of scarcity. At the end of the day, everyone is constrained by resources. The argument is that there is a cost in copying something, and if the cost of simply buying it is greater than the (perceived) cost of copying then it will be sold. Couple examples: there is a growing number of people who buy from iTunes, not because it's cheaper than downloading fom p2p, and not because it's legal, but because it's easier. They would rather simply go to a web-site, pay the buck and get the song. Second example: I just downloaded, printed and bound Against Intellectual Monopoly and decided that when the final version became available I'd buy it rather than do that again...what a pain in the ass...

    But regardles, let's see what Romer says:

    [Romer] agrees that property rights for intellectual goods are sometimes too strong; in some cases, society might benefit from weaker restrictions.

    So even Romer thinks the current system is somestimes too much protection. Let's get to his arguments:

    First of all, the property rights Boldrin and Levine would assign to innovators "would truly be an empty promise," said Romer. In their model, if a pharmaceutical firm discovers a new compound, it can sell the first pills but not restrict their downstream use. A generic drug manufacturer could then buy one pill, analyze it and start stamping out copies.

    This is patently false and somewhat alarmist.
    First of all, passing any given pill through a machine that tells you what is in it, doesn't tell you how it was made. The formula for Coca Cola is, what? like a hundered years old, and survives without exact copy despite not being protected by any law.
    Secondly, this process does take time and money, during which time the original inventor is busy selling their drug.
    Thirdly, the companies that want to simply imitate (as opposed to innovate) will never make siginificant impact. They also have limited resources, and are going to go after the successful drugs, correct? Well, that means that they have to wait to see which drugs are selling well before they can start to perform their analysis. This does two things: it further increases the time during which the original inventor has a monopoly, and it means that they already made money -- it was a high selling innovation (in this case drug). They quote estimates between 2-5 years as the lead time that a drug company will have by simply using trade secret.
    So from the next paragraph where Romer says "this conclusion is unrealistic if everyone who buys a pill can copy it." is false, I can't copy the pill, no matter how many I buy: I lack the chemistry education and the machines necessary to do this. So we're talking about scarcity...

    Next:

    it's false to say that there is no distinction between the idea and its physical instantiation. A formula must be written down, but the formula is far more valuable than the piece of paper on which it's written. In a large market, the formula could be so valuable that "the cost of the extra paper is trivial--so small that it is a reasonable approximation to neglect it entirely."

    When I buy a CD, it don't assume the plastic is worth $10-$20... so what's his point? If the formula to a drug is worth millions, don't sell it on a piece of paper for the value of the paper...sell it as a pill. Going back to music, the 'cost' of downloading is essentially zero. Yet Apple has still sold a billion songs

    --
    If you think imaginary property and real property are the same, when does your house become public domain?
    1. Re:Still not convinced - is that the best? by mumblestheclown · · Score: 1
      I'm not going waste time on you. You are clearly either an idiot or playing some twisted "game" with me.

      You claim that apple itunes has sold billions (or whatever) of songs. Yet this would clearly be unrealistic and/or impossible under B&L's framework as the purchaser of the song (you) would be free to then turn this around and sell this without limit.

      The rest of your argument is tired handwaving bullshit. You can go on accusing me of avoiding your argument - that's fine - i dont care.

      This is high comedy from you, by the way:

      First of all, passing any given pill through a machine that tells you what is in it, doesn't tell you how it was made. The formula for Coca Cola is, what? like a hundered years old, and survives without exact copy despite not being protected by any law. Secondly, this process does take time and money, during which time the original inventor is busy selling their drug. Thirdly, the companies that want to simply imitate (as opposed to innovate) will never make siginificant impact. They also have limited resources, and are going to go after the successful drugs, correct? Well, that means that they have to wait to see which drugs are selling well before they can start to perform their analysis. This does two things: it further increases the time during which the original inventor has a monopoly, and it means that they already made money -- it was a high selling innovation (in this case drug). They quote estimates between 2-5 years as the lead time that a drug company will have by simply using trade secret.

  90. Now let me see if I understand this... by ElboRuum · · Score: 1

    The RIAA... a literal monopoly were it to be technically the one company that it realistically is, and who has treated its primary product, music, with the artistry of a ham sandwich and the elegance of a bowel movement, and who also treat its consumers as a puerile mosaic of criminals and witless dupes... is quibbling about a tiered payment scheme so that they can scratch yet more profit out of a normally substandard product?

    You know I live in America, ringside seats to this horseshit. Pass the flippin' popcorn.

  91. Re:variable pricing ... people will just wait. by fahrbot-bot · · Score: 1
    Like me, for example. I won't pay more than $12 for a CD. I wait for CDs to drop below that price on half.com or whatever. Now, how is this a problem for the music industry? Are you suggesting it would be better if I just didn't buy the CD at all, or pirated a copy?

    Actually, I was wondering how delayed sales affect the music industry with respect to deciding the success or failure of an album.

    The movie industry seems to only count initial box-office receipts when deciding if a movie is a hit or flop. Which I believe is a mistake.

    --
    It must have been something you assimilated. . . .